DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenant's remedies for Landlord's default are (a) to terminate this Lease by giving Landlord written notice of termination, (b) to cure Landlord's default by any action deemed necessary by Tenant, and in connection with the cure Tenant may pay expenses and incur obligations, provided that no expenditure in excess of $3,000.00 may be made by Tenant under this subparagraph without the prior written approval of Landlord, which approval shall not be unreasonably withheld, or (c) any other remedy available to Tenant at law or in equity. If Tenant pays expenses or incurs obligations to cure Landlord's default, Landlord agrees to reimburse Tenant upon receipt of Tenant's request for reimbursement. If Landlord fails to reimburse Tenant within fifteen (15) days after Landlord receives Tenant's
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenant’s remedies for Landlord’s default are to xxx for damages and terminate this lease.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. A “Landlord Default” shall be deemed to have occurred: (i) if Landlord shall fail to pay, when due, any sums due Tenant from Landlord hereunder (including any interest due hereunder) and such failure is not cured within fifteen (15) business days after written notice to Landlord and to the holder of any first lien Fee Mortgage encumbering the Premises whose name and address shall have been theretofor furnished to Tenant in writing (“Mortgagee”) from Tenant; or (ii) if Landlord shall fail to perform any of the other covenants, terms or provisions of this Lease and such failure is not cured within thirty (30) days after written notice thereof to Landlord and Mortgagee from Tenant; provided, however, that no Landlord Default shall occur if the failure is susceptible to cure but is not susceptible to cure within thirty (30) days so tong as Landlord promptly commences the cure within such thirty (30) day period and diligently and continuously pursues it to completion as soon as reasonably possible. Notwithstanding anything to the contrary contained in this Section 14.5, and except as otherwise expressly provided at Section 3.2(c) above, no notice or opportunity to cure shall be required in connection with a default by Landlord in failing to substantially complete construction of the Building and other Improvements and Tenant Improvements by any of the respective Target Completion Dates, such failure being a Landlord Default immediately upon such default occurring. Upon a Landlord Default hereunder, Tenant may perform the failed obligation of Landlord and deduct any reasonable expense associated with such performance from the Rent or other charges next becoming due until Tenant is reimbursed in full (or, in the event that such reimbursement obligation has not been satisfied prior to the expiration of the Term, Tenant may institute an action for damages relating to any such deficiency). Except to the extent otherwise expressly permitted under the Lease, in no event shall Tenant have the right to terminate this Lease as a result of a Landlord Default, and Tenant’s sole and exclusive remedies in the event of a default by Landlord under this Lease shall be as expressly set forth in the immediately-preceding sentence or otherwise in this Lease and/or an injunction.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Landlord shall be in default under the terms of this Lease only if Landlord shall fail to perform any of the terms, provisions, covenants, or conditions to be performed or complied with by Landlord pursuant to this Lease and such failure continues for more than thirty (30) days after Landlord receives written notice thereof from Tenant; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter shall diligently prosecute the same to completion. In the event that Landlord fails to cure any default as provided herein, Tenant shall have all rights and remedies available to it at law or in equity, subject to the terms and conditions of this Lease. All rights to cure provided to Landlord under this Section 11.5 shall also be accorded to any mortgagee, ground lessor or beneficiary under a deed of trust encumbering the Property.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. In the event of any default hereunder by Landlord, except as otherwise specifically provided herein (including as provided in Sections 2.2.1 and 2.2.2 hereof), Tenant shall not be entitled to terminate this Lease, but shall have the right to pursue any other legal or equitable remedy available under law or in equity, including money damages and setoff.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed to trust covering the Premises, whose name and address shall theretofore have been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations, provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance thereof then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Xxxxxx's remedies shall be limited to the damages specified in Section 28.1 and/or injunctive relief.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenant’s remedy for Xxxxxxxx’s default is to terminate this lease.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenaxx'x xemedies for Landlord's default are to (a) sue for damages, and (b) if Landlord does not provide an essential service for thirty days after default, terminate this lease.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenant's remedies for Landlord's default are, if Landlord fails to comply with any provision of this lease within thirty (30) days of written notice to terminate this lease.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenant's remedies for Landlord's default are to (a) xxx for damages, and (b) if Landlord does not provide an essential service for thirty days after default, terminate this lease.
