Common use of Default by Landlord and Remedies of Tenant Clause in Contracts

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period; such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. So long as the Leased Premises remain suitable for Tenant's proposed use, Tenant shall not be entitled to terminate this Lease as a result of any such default. However, in the event Landlord does not cure the above described default in the applicable time period, then in such event Tenant may do all things necessary to remedy such default and perform the obligations of Landlord which have not been fully or property performed. Landlord shall reimburse Tenant promptly for all costs and expenses reasonably incurred by Tenant in connection with the foregoing following Landlord's receipt of an itemized invoice therefor. If Landlord fails to make such payment within 60 days of Tenant's written demand, Tenant may deduct said amount from Tenant's next Monthly Rental Installment then due.

Appears in 1 contract

Samples: Lease Agreement (Symbion Inc/Tn)

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Default by Landlord and Remedies of Tenant. It Landlord shall be a in default under and breach of this Lease by Landlord if it shall fail fails to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from TenantTenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same it cannot reasonably be performed within such thirty (30) day period; days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete the same. So long If Landlord fails to cure such default as set forth herein, Tenant’s sole remedy shall be to cure such default of Landlord by performing the Leased Premises remain suitable relevant obligations, in which case Landlord shall reimburse Tenant for all out of pocket costs actually and reasonably incurred by Xxxxxx in the performance of such obligations within thirty (30) days of receiving an itemized and detailed invoice thereof from Tenant's proposed use, . Tenant shall not be entitled have no right to terminate this Lease as or xxxxx Xxxxxx due to a result Default of any such default. However, in the event Landlord does not cure the above described default in the applicable time period, then in such event Tenant may do all things necessary to remedy such default and perform the obligations of Landlord which have not been fully or property performed. Landlord shall reimburse Tenant promptly for all costs and expenses reasonably incurred Lease by Tenant in connection with the foregoing following Landlord's receipt of an itemized invoice therefor. If Landlord fails to make such payment within 60 days of Tenant's written demand, Tenant may deduct said amount from Tenant's next Monthly Rental Installment then due.

Appears in 1 contract

Samples: Office Lease

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period; , such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. So long as the Leased Premises remain suitable for Tenant's proposed use, Tenant shall not be entitled to terminate this Lease as a result of any such default. However, in the event Landlord does not cure the above described default in the applicable time period, then in such event Tenant may do all things necessary to remedy such default and perform the obligations of Landlord which have not been fully or property performed. Landlord shall reimburse Tenant promptly for all costs and expenses reasonably incurred by Tenant in connection with the foregoing following Landlord's receipt of an itemized invoice therefor. If Landlord fails to make such payment within 60 days of Tenant's written demand, Tenant may deduct said amount from Tenant's next Monthly Rental Installment then due.

Appears in 1 contract

Samples: Lease Agreement (Ipayment Inc)

Default by Landlord and Remedies of Tenant. It The following shall be a an event of default by Landlord under and breach of this Lease by ("Landlord if it shall fail Default"): Landlord fails to perform or observe comply with any term, condition, covenant or obligation required to be performed or observed by it under provision of this Lease for a period of thirty (30) (fifteen (15) days if the failure causes the Leased Premises or a portion thereof to be untenantable (as defined in Section 5.03 hereof) or more after Landlord receives written notice thereof from Tenant; provided, however, except that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same compliance cannot reasonably be performed achieved within such the thirty (30) or fifteen (15) day period; , as applicable, there shall be no Landlord Default by Landlord so long as Landlord promptly attempts and diligently and continuously pursues actions intended to bring about compliance. In the event of a Landlord Default, Tenant (in addition to all other remedies to which Tenant may be entitled at law or in equity) may cure such default shall be deemed to have been cured if by Landlord commences such performance within said thirty (30) day period on behalf of, and thereafter diligently undertakes to complete at the same. So long as the Leased Premises remain suitable for Tenant's proposed usesole reasonable cost and expense of, Tenant shall not be entitled to terminate this Lease as a result of any such default. However, in the event Landlord does not cure the above described default in the applicable time period, then in such event Tenant may do all things necessary to remedy such default and perform the obligations of Landlord which have not been fully or property performedLandlord. Landlord shall reimburse Tenant promptly within thirty (30) days after Tenant's delivery to Landlord of a statement therefor for all an amount equal to one hundred twenty-five percent (125%) of Tenant's costs and expenses reasonably incurred in connection therewith plus the amount of Rental paid by Tenant in connection with that is allocable for any untenantable area of the foregoing following Landlord's receipt Leased Premises for the period the area was rendered untenantable as a result of an itemized invoice therefor. If the Landlord fails to make such payment within 60 days of Tenant's written demand, Tenant may deduct said amount from Tenant's next Monthly Rental Installment then dueDefault .

Appears in 1 contract

Samples: Office Lease (Idg Books Worldwide Inc)

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Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after notice thereof from Tenant; provided, however, that mat if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period; , such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. So long as the Leased Premises remain suitable for Tenant's proposed use, Tenant shall not be entitled to terminate this Lease as a result of any such default. However, in the event Landlord does not cure the above described default in the applicable time period, then in such event Tenant may do all things necessary to remedy such default and perform the obligations of Landlord which have not been fully or property performed. Landlord shall reimburse Tenant promptly for all costs and expenses reasonably incurred by Tenant in connection with the foregoing following Landlord's receipt of an itemized invoice therefor. If Landlord fails to make such payment within 60 days of Tenant's written demand, Tenant may deduct said amount from Tenant's next Monthly Rental Installment then due.

Appears in 1 contract

Samples: Lease Agreement (I Trax Inc)

Default by Landlord and Remedies of Tenant. It 28.1 If Landlord shall be default in its obligation to pay money to Tenant for a period often (10) days (hereafter “Monetary Default”), or default under and breach of this Lease by Landlord if it shall fail in its obligation to perform or observe any other term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after notice thereof from Tenant; providedPROVIDED, howeverHOWEVER, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period; , excluding any Monetary Default, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. So long as Upon the Leased Premises remain suitable for Tenant's proposed use, Tenant shall not be entitled to terminate this Lease as a result occurrence of any such default. However, in the event Landlord does not cure the above described default in the applicable time period, then in such event Tenant may do all things necessary to remedy such (a) xxx for injunctive relief, and (b) cure any default and perform the obligations of Landlord in which have not been fully or property performed. event Landlord shall reimburse Tenant promptly for all any costs and expenses reasonably incurred by Tenant in connection with the foregoing following Landlord's receipt of an itemized invoice therefor. If Landlord fails to make such payment within 60 days of Tenant's written demand, which Tenant may incur to cure such default, failing payment of which by Landlord within thirty (30) days after Tenant renders an invoice to Landlord therefor, deduct said the amount due from all rents and other amounts due Landlord from Tenant's next Monthly Rental Installment then due.

Appears in 1 contract

Samples: Lease Agreement (Ikaria, Inc.)

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