Common use of Default by Lessor Clause in Contracts

Default by Lessor. Lessor shall not be deemed in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing specifying wherein Lessor has failed to perform such obligations; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance, then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, and Lessee’s remedies shall be limited to damages and/or an injunction.

Appears in 2 contracts

Samples: HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc

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Default by Lessor. Lessor shall not be deemed in default unless Lessor fails to perform obligations required of Lessor within a reasonable timerime, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore therefore been furnished to Lessee in writing writing, specifying wherein Lessor has failed to perform such obligationsobligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance, performance then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such thirty (30-) day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, 's default and Lessee’s 's remedies shall be limited to damages and/or an injunction.

Appears in 2 contracts

Samples: Crane Realty Services (Futon World Inc), Crane Realty Services (Futon World Inc)

Default by Lessor. Except as may otherwise be provided herein, Lessor shall not be deemed in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished previously to Lessee in writing writing, specifying wherein Lessor has failed to perform such obligations; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance, then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such thirty. (30-) day period and thereafter diligently prosecutes the same to completion. If Lessor does Except as. may otherwise be provided herein, Lessee shall not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s defaultLease, and it being agreed that Lessee’s 's remedies shall be limited to damages and/or an injunctionactual damages, without, any award for incidental or consequential damages.

Appears in 1 contract

Samples: Lease Agreement (Empower Health Corp)

Default by Lessor. Lessor LESSOR shall not be deemed in default unless Lessor LESSOR fails to perform obligations required of Lessor LESSOR within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee LESSEE to Lessor LESSOR and to the holder of any first mortgage or deed of trust covering the Premises Property whose name and address shall have theretofore been furnished to Lessee LESSEE in writing writing, specifying wherein Lessor LESSOR has failed to perform such obligationsobligation; provided, however, that if the nature of Lessor’s LESSOR'S obligation is such that more than thirty (30) days are required for performance, then Please Initial: Lessor ¨ Lessee ¨ Lessor LESSOR shall not be in default if Lessor LESSOR commences performance within such 30-day thirty (30)-day period and thereafter diligently prosecutes the same to completion. If Lessor does In the event LESSOR fails to perform an obligation required of it hereunder in the time periods allowed under this Section and following notice from LESSEE, LESSEE may, but shall not performbe obligated to, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performanceany obligation of LESSOR under this Lease. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, and Lessee’s remedies LESSEE shall be limited entitled to damages and/or an injunctiona credit against the next accruing rent for all reasonable costs and expenses paid or incurred by LESSEE in performing LESSOR's obligations as provided in this Section, including without limitation, reasonable attorneys' fees incurred.

Appears in 1 contract

Samples: Lease Agreement and Option to Purchase (Monarch Casino & Resort Inc)

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Default by Lessor. Lessor shall not be deemed in default unless Lessor fails to perform xx xxrform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing specifying wherein Lessor has failed to perform such obligations; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance, then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s 's mortgagee may perform in Lessor’s Lesxxx'x place and Lessee must accept musx xxxxpt such performance. In no event shall Lessee have the right xxx xight to terminate this Lease as a result of Lessor’s 's default, and Lessee’s 's remedies shall be limited to damages and/or damagex xxx/or an injunction.

Appears in 1 contract

Samples: Luxtec Corp /Ma/

Default by Lessor. Except as may otherwise be provided herein, Lessor shall not be deemed in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished previously to Lessee in writing writing, specifying wherein Lessor has failed to perform such obligations; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance, then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such thirty (30-) day period and thereafter diligently prosecutes the same to completion. If Lessor does Except as may otherwise be provided herein, Lessee shall not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s defaultLease, and it being agreed that Lessee’s 's remedies shall be limited to damages and/or an injunctionactual damages, without any award for incidental or consequential damages.

Appears in 1 contract

Samples: Lease Agreement (Applied Science Fiction Inc)

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