Common use of Landlord’s Default and Tenant’s Remedies Clause in Contracts

Landlord’s Default and Tenant’s Remedies. Landlord shall -------------- ----------------------------------------- be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx any sums due hereunder.

Appears in 1 contract

Samples: Lease Agreement (Cardiotech International Inc)

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Landlord’s Default and Tenant’s Remedies. Landlord shall -------------- ----------------------------------------- be in default if it fails shall fail to perform or observe any term, condition, covenant or obligation as required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to LandlordLandlord and to Lender, if any; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that it the same cannot reasonably be performed within thirty dayssuch thirty-day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx any sums rent due hereunderhereunder until final judgment has been rendered, except as otherwise provided herein.

Appears in 1 contract

Samples: Lease Agreement (August Technology Corp)

Landlord’s Default and Tenant’s Remedies. Landlord shall -------------- ----------------------------------------- be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty (30) days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete (and completes) the samesame within a reasonable period of time. Upon the occurrence of any such defaultdefault and Landlord's failure to cure such default as provided herein, Tenant may xxx sue for injunctive relief or to recover damages for any loss directly directxx resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx abate any sums due hereunder, except as ordered by a court of compexxxx jurisdiction.

Appears in 1 contract

Samples: Lease Agreement (Superconductive Components Inc)

Landlord’s Default and Tenant’s Remedies. Landlord shall -------------- ----------------------------------------- be in default if it fails shall fail to perform or observe any term, condition, covenant or obligation as required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to LandlordLandlord and to Lender, if any; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that it the same cannot reasonably be performed within thirty dayssuch thirty-day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant may xxx sue for injunctive relief or to recover rexxxer damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx abate any sums rent due hereunder.

Appears in 1 contract

Samples: Lease Agreement (Virtualsellers Com Inc)

Landlord’s Default and Tenant’s Remedies. Landlord shall -------------- ----------------------------------------- be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty (30) days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease or to withhold, offset or xxxxx any sums due hereunder. This Section 13.03 shall not be applicable to Landlord's obligation to perform the Work which is subject solely to the provisions of Section 2.02.

Appears in 1 contract

Samples: Lease (Innotrac Corp)

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Landlord’s Default and Tenant’s Remedies. Landlord shall -------------- ----------------------------------------- be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty (30) days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such defaultdefault by Landlord, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breachsuch default, but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx any sums due hereunder. In no event, however, shall Landlord be liable to Tenant for any consequential or punitive damages.

Appears in 1 contract

Samples: Lease (Purple Innovation, Inc.)

Landlord’s Default and Tenant’s Remedies. Landlord shall -------------- ----------------------------------------- be in default if it fails shall fail to perform or observe any term, condition, covenant or obligation as required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to LandlordLandlord and to Lender, if any; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that it the same cannot reasonably be performed within thirty dayssuch thirty-day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant may xxx sxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx axxxx any sums rent due hereunder.

Appears in 1 contract

Samples: Lease Agreement (Access Corp)

Landlord’s Default and Tenant’s Remedies. Landlord shall -------------- ----------------------------------------- be in default if it fails to perform any term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty (30) days, such default shall be deemed to have been cured if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss directly resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold, offset or xxxxx any sums due hereunder.

Appears in 1 contract

Samples: Lease Agreement (Gaiam Inc)

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