Common use of Landlord Default Clause in Contracts

Landlord Default. Notwithstanding anything to the contrary set forth in this Lease, Landlord shell be in default in the performance of any obligation required to be performed by Landlord pursuant to this Lease if (i) in the event a failure by Landlord is with respect to the payment of money, Landlord fails to pay, such unpaid amounts within ten (10) business days of written notice from Tenant that the same was not paid when due, or (ii) in the event a failure by Landlord is other than the obligation to pay money, Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's failure to perform; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shell not be in default under this Lease if it shall promptly and diligently commence such performance within such thirty (30) day period and thereafter diligently pursue the same to completion. Upon any such default by Landlord under this Lease, Tenant may, except as otherwise specifically provided in this Lease to the contrary, exercise any of its rights provided at law or in equity, but in no event shall landlord be liable to Tenant for any lost profits or other consequential damages as a result of such default.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

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Landlord Default. Notwithstanding anything to the contrary set forth in this Lease, Landlord shell shall not be in default in the performance of any obligation required to be performed by Landlord pursuant to this Lease if unless (i) in the event a failure by Landlord such default is with respect to the payment of money, Landlord fails to pay, pay such unpaid amounts within ten five (105) business days of written notice from Tenant that the same was not paid when due, or (ii) in the event a failure by Landlord such default is other than the obligation to pay money, Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's ’s failure to perform; provided, however, if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shell shall not be in default under this Lease if it shall promptly and diligently commence such performance within such thirty (30) day period and thereafter diligently pursue the same to completion. Upon any such default by Landlord under this Lease, Tenant may, except as otherwise specifically provided in this Lease to the contrary, exercise any of its rights provided at law or in equity, but in no event shall landlord be liable to Tenant for any lost profits or other consequential damages as a result of such default.

Appears in 3 contracts

Samples: Office Lease (United Pan Am Financial Corp), Office Lease (Quality Systems Inc), Office Lease (Quality Systems Inc)

Landlord Default. Notwithstanding anything to the contrary set forth in this Lease, Landlord shell shall be in default in the performance of any obligation required to be performed by Landlord pursuant to this Lease if (i) in the event a failure by Landlord is with respect to the payment of money, Landlord fails to pay, pay such unpaid amounts within ten five (105) business days of written notice from Tenant that the same was not paid when due, or (ii) in the event a failure by Landlord is other than the obligation to pay money, Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's failure to perform; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shell shall not be in default under this Lease if it shall promptly and diligently commence such performance within such thirty (30) day period and thereafter diligently pursue the same to completion. Upon any such default by Landlord under this Lease, Tenant may, except as otherwise specifically provided in this Lease to the contrary, exercise any of its rights provided at law or in equity, but in no event shall landlord be liable to Tenant for any lost profits or other consequential damages as a result of such default.

Appears in 1 contract

Samples: Universal Detection Technology

Landlord Default. Landlord shall be in default hereunder if Landlord shall fail to pay any sums payable by Landlord hereunder within thirty (30) days after the date such sum is due. Notwithstanding anything to the contrary set forth in this Lease, Landlord shell shall be in default in the performance of any non-monetary obligation required to be performed by Landlord pursuant to this Lease if (i) in the event a failure by Landlord is with respect to the payment of money, Landlord fails to pay, such unpaid amounts within ten (10) business days of written notice from Tenant that the same was not paid when due, or (ii) in the event a failure by Landlord is other than the obligation to pay money, Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's failure to perform; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shell shall not be in default under this Lease if it shall promptly and diligently commence such performance within such thirty (30) day period and thereafter diligently pursue pursues the same to completion. Upon any such default Notwithstanding the foregoing, if Landlord fails to perform an obligation required to be performed by Landlord under this Lease, hereunder which failure materially and adversely affects Tenant's ability to conduct business in the Premises and Tenant may, except as otherwise specifically provided does not actually conduct business in this Lease to the contrary, exercise any of its rights provided at law or in equity, but in no event shall landlord be liable to Tenant for any lost profits or other consequential damages as a result of such default.the

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Landlord Default. Notwithstanding anything to the contrary set forth ---------------- in this Lease, Landlord shell shall be in default in the performance of any obligation required to be performed by Landlord pursuant to this Lease if (i) in the event a failure by Landlord is with respect obligated to the make a payment of moneymoney to Tenant, and Landlord fails to pay, pay such unpaid amounts within ten (10) business days of written notice from Tenant that the same was not paid when due, or (ii) in the event a such failure by Landlord is other than the obligation to pay money, and Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's failure to perform; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shell shall not be in default under this Lease if it shall promptly and diligently commence such performance within such thirty (30) day period and thereafter diligently pursue the same to completion. Upon any such default by Landlord under this Lease, Tenant may, except as otherwise specifically provided in this Lease to the contrary, exercise any of its rights provided at law or in equity, but in no event shall landlord be liable to Tenant for any lost profits or other consequential damages as a result of such default.

Appears in 1 contract

Samples: Office Lease (Wells Real Estate Fund Viii Lp)

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Landlord Default. Notwithstanding anything to the contrary set forth in this Lease, Landlord shell shall not be in default in the performance of any obligation required to be performed by Landlord pursuant to this Lease if unless (i) in the event a failure by Landlord such default is with respect to the payment of money, Landlord fails to pay, pay such unpaid amounts within ten five (105) business days of written notice from Tenant that the same was not paid when due, or (ii) in the event a failure by Landlord such default is other than the obligation to pay money, Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's failure to perform; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shell shall not be in default under this Lease if it shall promptly and diligently commence such performance within such thirty (30) day period and thereafter diligently pursue the same to completion. Upon any such default by Landlord under this Lease, Tenant may, except as otherwise specifically provided in this Lease to the contrary, exercise any of its rights provided at law or in equity, but in no event shall landlord be liable to Tenant for any lost profits or other consequential damages as a result of such default.

Appears in 1 contract

Samples: Office Lease (Quality Systems Inc)

Landlord Default. Notwithstanding anything to the contrary set forth in this Lease, Landlord shell shall not be in default in the performance of any obligation required to be performed by Landlord pursuant to this Lease if unless (i) in the event a failure by Landlord such default is with respect to the payment of money, Landlord fails to pay, pay such unpaid amounts within ten five (105) business days of written notice from Tenant that the same was not paid when due, or (ii) in the event a failure by Landlord such default is other than the obligation to pay money, Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's failure to perform; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shell shall not be in default under this Lease if it shall promptly and diligently commence such performance within such thirty (30) day period and thereafter diligently pursue the same to completion. Upon any such default by Landlord under this Lease, Tenant may, except as otherwise specifically provided waived in this Lease to the contraryLease, exercise any of its rights provided at law or in equity, but in no event shall landlord be liable to Tenant for any lost profits or other consequential damages as a result of such default.

Appears in 1 contract

Samples: Office Lease (Orcad Inc)

Landlord Default. Notwithstanding anything to the contrary set forth in this Lease, Landlord shell shall not be in default in the performance of any obligation required to be performed by Landlord pursuant to this Lease if (i) in the event a failure by Landlord is with respect to the payment of money, Landlord fails to pay, such unpaid amounts within ten (10) business days of written notice from Tenant that the same was not paid when due, or (ii) in the event a failure by Landlord is other than the obligation to pay money, unless Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's ’s failure to perform; provided, however, if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shell shall not be in default under this Lease if it shall promptly and diligently commence such performance within such thirty (30) day period and thereafter diligently make commercially reasonable efforts to pursue the same to completion. Upon any such default by Landlord under this Lease, Tenant may, except as otherwise specifically provided in this Lease to the contrary, exercise any of its rights provided at law or in equity, but in no event shall landlord be liable to Tenant for any lost profits or other consequential damages as a result of such default. FAILURE TO PROVIDE THE REQUISITE NOTICE AND CURE PERIOD BY TENANT UNDER THIS PARAGRAPH SHALL BE AN ABSOLUTE DEFENSE BY LANDLORD AGAINST ANY CLAIMS FOR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS.

Appears in 1 contract

Samples: Office Lease (Life360, Inc.)

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