Common use of Landlord Default Tenants Remedies Clause in Contracts

Landlord Default Tenants Remedies. Landlord shall not be in default hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than 30 days after notice by Tenant to Landlord, and to the holder of any first mortgage or deed of trust covering the Premises, whose name and address shall have theretofore been furnished to Tenant, specifying the nature of Landlord's failure to perform; provided, however, that if the nature of Landlord's obligation is such that more than 30 days are required for performance, then Landlord shall not be in default if Landlord commences performance within such 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 monetary damages; provided, however, that in no event shall Landlord be liable under any circumstances for any consequential damages incurred by Xxxxxx, including, without limitation, any injury to, or interference with, Xxxxxx's business (including any loss of profits), arising in connection with this Lease. Nothing herein contained shall be interpreted to mean that Xxxxxx is excused from paying Rent due hereunder as a result of any default by Landlord.

Landlord Default Tenants Remedies. Landlord shall not be in default hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable timewhen due, but in no event later than 30 twenty (20) days after notice by Tenant to Landlord, and to the holder of any first mortgage or deed of trust covering the Premises, whose name and address shall have theretofore been furnished to Tenant, specifying the nature of Landlord's ’s failure to perform; provided, however, that if the nature of Landlord's ’s obligation is such that more than 30 twenty (20) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such 30-twenty (20) 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 monetary damages; provided, however, that in no event shall Landlord be liable under any circumstances for any consequential damages incurred by XxxxxxTenant, including, without limitation, any injury to, or interference with, Xxxxxx's Tenant’s business (including any loss of profits), arising in connection with this Lease. Nothing In the event of Landlord default, Tenant shall be entitled to pursue all legal and equitable remedies available, subject to any limitations set forth in this Lease, provided that nothing herein contained shall be interpreted to mean that Xxxxxx Tenant is excused from paying Rent due hereunder as a result of any default by Landlord.

Landlord Default Tenants Remedies. (a) In the event of any default by Landlord in the observance or performance of any obligation on Landlord’s part to be observed or performed under this Lease, Tenant shall give Landlord written notice specifying such default with particularity and Landlord shall not be in default hereunder unless Landlord fails thereupon have with respect to perform the obligations required of Landlord within a reasonable timemonetary defaults, but in no event later than 30 days after notice by Tenant to Landlordten (10) days, and with respect to the holder of non-monetary defaults, thirty (30) days, in which to cure any first mortgage or deed of trust covering the Premises, whose name and address shall have theretofore been furnished to Tenant, specifying the nature of Landlord's failure to performsuch default; provided, however, that if the nature of Landlord's obligation such non-monetary default is such that more than 30 thirty (30) days are required for performanceits cure, then Landlord shall not be in default if Landlord commences performance within such said thirty (30-) day period and thereafter diligently prosecutes the same to completioncompletion within ninety (90) days of such notice. In no event shall If Landlord fails to cure any such default after such notice and cure period, Tenant have may, as its sole and exclusive remedy, either (i) commence an action against Landlord for specific performance, provided that if specific performance is unavailable as a matter of law Tenant may pursue all other remedies at law or equity, or (ii) if such default relates solely to the right failure of Landlord to fulfill its obligation to complete the repair and replacement of the Improvements as provided in Article 9 hereof, Tenant may elect to terminate this Lease as a result by giving Landlord written notice of Landlord's default, and Xxxxxx's remedies shall be limited to monetary damages; provided, however, that in no event shall Landlord be liable under any circumstances for any consequential damages incurred by Xxxxxx, including, without limitation, any injury to, or interference with, Xxxxxx's business such termination within thirty (including any loss 30) days after the happening of profits), arising in connection with this Lease. Nothing herein contained shall be interpreted to mean that Xxxxxx is excused from paying Rent due hereunder as a result of any default by Landlordsuch failure.

Landlord Default Tenants Remedies. Landlord shall not be in default hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable timewhen due, but in no event later than 30 twenty (20) days after notice by Tenant to Landlord, and to the holder of any first mortgage or deed of trust covering the Premises, whose name and address shall have theretofore been furnished to Tenant, specifying the nature of Landlord's ’s failure to perform; provided, however, that if the nature of Landlord's ’s obligation is such that more than 30 twenty (20) days are required for performance, then Landlord shall not be in default if 25 Landlord commences performance within such 30-twenty (20) 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 monetary damages; provided, however, that in no event shall Landlord be liable under any circumstances for any consequential damages incurred by XxxxxxTenant, including, without limitation, any injury to, or interference with, Xxxxxx's Tenant’s business (including any loss of profits), arising in connection with this Lease. Nothing In the event of Landlord default, Tenant shall be entitled to pursue all legal and equitable remedies available, subject to any limitations set forth in this Lease, provided that nothing herein contained shall be interpreted to mean that Xxxxxx Tenant is excused from paying Rent due hereunder as a result of any default by Landlord.

Landlord Default Tenants Remedies. Landlord shall not be in default hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than 30 thirty (30) days after notice by Tenant to Landlord, and to the holder of any first mortgage or deed of trust covering the Premises, whose name and address shall have theretofore been furnished to Tenant, specifying the nature of Landlord's failure to perform; provided, however, that if the nature of Landlord's obligation is such that more than 30 thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such 30-day 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 XxxxxxTenant's remedies shall be limited to monetary damages; provided, however, that in no event shall Landlord be liable under any circumstances for any consequential damages incurred by XxxxxxTenant, including, without limitation, any injury to, or interference with, XxxxxxTenant's business (including any loss of profits), arising in connection with this Lease. Nothing herein contained shall be interpreted to mean that Xxxxxx Tenant is excused from paying Rent due hereunder as a result of any default by Landlord.