Common use of Default of Landlord Clause in Contracts

Default of Landlord. The failure by Landlord to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Landlord, where such failure shall continue for a period of thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed to be a default by Landlord under this Lease; provided, however, that if the nature of Landlord’s default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days after notice. In the event of a default by Landlord beyond applicable cure periods, Tenant shall have the right, at its election, to: (a) sxx for all actual (but not consequential, speculative or punitive) damages sustained by reason of the default; or (b) perform the obligations described in the notice in which case Landlord shall reimburse Tenant for the reasonable cost of the performance of such obligations within ten (10) business days after Tenant’s submission of an invoice therefor. If Tenant elects to proceed under clause (b) above, then the Landlord’s default shall be deemed to have been cured when Tenant’s expense has been reimbursed in full. In the event Tenant commences a suit for damages sustained by reason of a Landlord Default and prevails in such suit and obtains a final, non-appealable judgment with respect to such suit, Landlord shall reimburse Tenant for all reasonable costs including attorney’s fees.

Default of Landlord. The failure by Landlord to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Landlord, where such failure shall continue for a period of thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed to be a default by Landlord under this Lease; provided, however, that if the nature of Landlord’s 's default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days a reasonable period after notice. In the event of a default by Landlord beyond applicable cure periods, Tenant shall have the right, at its election, to: to either (a) sxx for all actual (but not consequential, speculative or punitive) damages sustained by reason of the default; or (b) perform the obligations described in the notice in which case Landlord shall reimburse Tenant for the reasonable cost of the performance of such obligations within ten (10) business days after Tenant’s 's submission of an invoice therefor. If Tenant elects to proceed under clause (b) above, then the Landlord’s 's default shall be deemed to have been cured when Tenant’s 's expense has been reimbursed in full. In the event Tenant commences a suit for damages sustained by reason of a Landlord Default and prevails in such suit and obtains a final, non-appealable judgment with respect to such suit, Landlord shall reimburse Tenant for all reasonable costs including attorney’s 's fees.

Default of Landlord. The 17A. a. In the event of any failure by of Landlord to observe or perform any of the covenantsterm, conditions, condition or provisions covenant of this Lease to be observed or performed by Landlord, where such failure shall continue Landlord for a period of thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed to be a default by Landlord under this Lease; provided, however, that if the nature of Landlord’s default is such that more than thirty (30) days are (or such additional time, in no event more than 60 additional days unless paragraph 17A.d applies, as is reasonably required for its cureto correct such failure) after written notice of such failure shall have been given to Landlord, then Landlord shall not be deemed to be in default if hereunder. b. If Landlord's default relates to repairs which Landlord commences is obligated to perform under this Lease, then Tenant shall have the right to make such cure within said thirty repairs and offset Tenant's actual and reasonable cost thereof against the installment(s) of Rent next due. c. If Landlord is in default and such default continues uncured, then Tenant at its option may terminate this Lease by written notice to Landlord, such termination to be effective on a date (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) not more than 90 days after the notice date) specified in the notice. In the event Tenant exercises an option to terminate under this paragraph 17A.c, then: i. Tenant's obligations under this Lease, including (without limitation) the payment of Base Rent and Additional Rent, shall continue through and including the effective date of termination. ii. Tenant shall vacate and surrender the Demised Premises on or before the effective date of termination pursuant to paragraph 29 hereof. d. If either party is delayed in curing a default by seasonal or unusual weather conditions, construction delays resulting from labor disputes or contractor nonperformance, unavailability of necessary materials, acts of God, or other matters beyond the party's reasonable control (a "force majeure condition"), then: i. If Landlord beyond applicable cure periodsis the party in default, Tenant shall have the right, at its election, to: (a) sxx for all actual (but not consequential, speculative or punitive) damages sustained by reason of terminate this Lease if Landlord proceeds diligently to complete curing the default; or (b, within the period(s) perform allowed by paragraph 17A.a, after the obligations described in the notice in which case Landlord shall reimburse Tenant for the reasonable cost of the performance of such obligations within ten (10) business days after Tenant’s submission of an invoice thereforforce majeure condition ends. ii. If Tenant elects to proceed under clause (b) above, then is the Landlord’s default shall be deemed to have been cured when Tenant’s expense has been reimbursed party in full. In the event Tenant commences a suit for damages sustained by reason of a Landlord Default and prevails in such suit and obtains a final, non-appealable judgment with respect to such suitdefault, Landlord shall reimburse not terminate this Lease nor exercise a remedy that would have the effect of putting Tenant out of possession if Tenant proceeds diligently to complete curing the default, within the period(s) allowed by paragraph 17.a, after the force majeure condition ends. e. Nothing in paragraph 17A.d excuses the nonpayment of money when due, or limits either party's remedies for all reasonable costs including attorney’s feesany such nonpayment.

Default of Landlord. The failure In the event of any material breach by Landlord to observe or perform of any of the covenants, conditions, or provisions provision of this Lease or any material default by Landlord hereunder, Tenant shall have the right to be observed deliver to Landlord a written notice specifying such breach or performed by Landlorddefault, where such failure shall continue for a period of and unless within thirty (30) days from and after written the date of delivery of such notice thereof Landlord shall have commenced to cure such breach or default and shall be proceeding with reasonable diligence to completely cure such breach or default, then Tenant shall have all remedies available at law or in equity, including, without limitation, termination, damages, injunction and specific performance. If Tenant elects to terminate this Lease by reason of a Landlord default that remains uncured beyond the expiration of the specified 30-day notice and cure period, all Rent shall fully xxxxx from and after the date of termination and Tenant and Landlord shall not have any other obligations under this Lease with respect to the Premises, except for those obligations which expressly survive the termination hereof. All sums expended by Tenant to Landlordcure any defaults of Landlord and, in the event a sufficient amount of lawfully available funds is not available to pay any damages for which Landlord becomes liable hereunder or for which Landlord would have become liable hereunder but for the operation of Section 12.26, the amount of the deficiency of such lawfully available funds shall be deemed applied as a credit to be the Rent due hereunder in order of the next maturing installments, with any excess being applied as a default by Landlord credit against the Option Price. All remedies of Tenant under this Lease; providedLease shall be cumulative, however, that if and the nature failure to assert any remedy or the granting of Landlord’s any waiver (as provided in Section 12.12 hereof) of any breach or default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days after notice. In the event of a default by Landlord beyond applicable cure periods, Tenant shall have the right, at its election, to: (a) sxx for all actual (but not consequential, speculative or punitive) damages sustained by reason of the default; or (b) perform the obligations described in the notice in which case Landlord shall reimburse Tenant for the reasonable cost of the performance waiver of such obligations within ten (10) business days after Tenant’s submission of an invoice therefor. If Tenant elects to proceed under clause (b) above, then the Landlord’s default shall be deemed to have been cured when Tenant’s expense has been reimbursed in full. In the event Tenant commences a suit for damages sustained by reason of a Landlord Default and prevails in such suit and obtains a final, non-appealable judgment with respect to such suit, Landlord shall reimburse Tenant for all reasonable costs including attorney’s feesremedy or any subsequent breach or default.