Common use of Landlord’s Default Clause in Contracts

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 17 contracts

Samples: Letter Agreement (California First National Bancorp), Industrial Lease (Cutter & Buck Inc), Industrial Lease (AcuNetx, Inc.)

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Landlord’s Default. Landlord will shall not be deemed to be in default in the performance of any obligation required to be performed by Landlord under this Lease it hereunder unless Landlord fails and until it has failed to perform such obligation within thirty (30) days after the receipt of written notice from by Tenant to Landlord specifying in detail Landlord's failure to performthe nature of such default; provided provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord will shall not be deemed to be in default if it commences shall commence such performance within such thirty (30) day period and thereafter diligently pursues prosecute the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 9 contracts

Samples: Office Lease (Shrena Software Inc), Lease (C Cube Microsystems Inc), Lease (Intermune Pharmaceuticals Inc)

Landlord’s Default. Landlord will shall not be deemed to be in default in the performance of any obligation required to be performed by Landlord under this Lease it hereunder unless Landlord fails and until it has failed to perform such obligation within thirty (30) days after the receipt of written notice from by Tenant to Landlord specifying in detail Landlord's failure to performthe nature of such default; provided provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord will shall not be deemed to be in default if it commences shall commence such performance within such thirty (30) -day period and thereafter diligently pursues prosecute the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 8 contracts

Samples: Nondisturbance and Attornment Agreement (Realnames Corp), Lease (Broadvision Inc), Lease (Ampex Corp /De/)

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's ’s failure to perform; provided however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 5 contracts

Samples: Commercial Lease (Hei Inc), Office Building Lease (Monolithic System Technology Inc), Industrial Lease (Mfic Corp)

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty fifteen (3015) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty fifteen (3015) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty fifteen (3015) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 2 contracts

Samples: Office Building Lease (Maxwell Technologies Inc), Office Building Lease (High Speed Access Corp)

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 2 contracts

Samples: Illumina Inc, Axsys Technologies Inc

Landlord’s Default. Landlord will shall not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails has failed to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord will shall not be deemed in default if it promptly commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided in Law or at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Single Tenant Lease (Biocept Inc)

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within a reasonable time, which shall not exceed thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default defaults by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Alliance Bancshares California

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty ten (3010) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty ten (3010) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty ten (3010) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Lease (General Devices Inc)

Landlord’s Default. Subject to the Operations Provisions, Landlord will shall not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails has failed to perform such obligation within thirty (30) 30 days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) 30 days are required for its performance, then Landlord will shall not be deemed in default if it commences such performance within such thirty (30) -day period and thereafter diligently pursues the same to completion. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at in law or in at equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Ground Lease Agreement (Renegy Holdings, Inc.)

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph PARAGRAPH 35 of this Lease.

Appears in 1 contract

Samples: Office Building Lease (Exe Technologies Inc)

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, however that if it the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Landlord Tenant may exercise any of its rights provided at law or in equity, equity subject to the limitations on liability set forth in Paragraph 35 of this This Lease.

Appears in 1 contract

Samples: Litronic Inc

Landlord’s Default. Landlord will not be in default in the performance of any obligation obligations required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided proved at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Work Letter Agreement (Virtual Mortgage Network Inc)

Landlord’s Default. Landlord will not shall be in default in the performance of any obligation required to be performed by Landlord under this Lease unless if Landlord fails to perform such obligation any of its obligations under this Lease within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's ’s failure to perform; provided however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in shall have an additional reasonable period of time to cure such default if it provided that Landlord commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Lease (Ddi Corp)

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Landlord’s Default. Landlord will shall not be in default in the ------------------ performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails has failed to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord will shall not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any such default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 37 of this Lease.

Appears in 1 contract

Samples: Office Building Lease (Kana Communications Inc)

Landlord’s Default. Landlord will shall not be in default in the performance of any obligation required to be performed by Landlord under it pursuant to this Lease unless Landlord fails it has failed to perform such obligation within thirty (30) days after the receipt of written notice from by Tenant to Landlord specifying the manner in detail Landlord's failure which Landlord has failed to perform; provided however, that if perform such obligation. If the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord will shall not be deemed to be in default if it commences shall commence such performance within such thirty (30) day period and thereafter diligently pursues prosecute the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Guaranty of Lease (Active Network Inc)

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's ’s failure to perform; provided however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Office Building Lease (Quest Software Inc)

Landlord’s Default. Landlord will shall not be deemed to be in default ------------------ in the performance of any obligation required to be performed by Landlord it under this Lease unless Landlord fails and until it has failed to perform such obligation within thirty (30) the time provided herein or, if none is provided, within 20 days after the receipt of written notice from by Tenant to Landlord specifying in detail Landlord's failure to perform; provided however, that if default. If the nature of Landlord's obligation is such that more than thirty (30) 20 days are required for its performance, then Landlord will shall not be deemed in default if it commences such performance within such thirty (30) the 20 day period and thereafter diligently pursues prosecutes the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (International Network Services)

Landlord’s Default. Subject to the Operations Provisions, Landlord will shall not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails has failed to perform such obligation within thirty (30) 30 days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) 30 days are required for its performance, then Landlord will shall not be deemed in default if it commences such performance within such thirty (30) -day period and thereafter diligently pursues the same to completion. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided at in law or in at equity, provided that any termination of this Lease by Tenant shall be subject to the limitations on liability set forth in Paragraph 35 Lease termination requirements of this LeaseSection 2.2.

Appears in 1 contract

Samples: Lease Agreement (Renegy Holdings, Inc.)

Landlord’s Default. Landlord will not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's ’s failure to perform; provided however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by completion and provided further that if Landlord, Tenant may exercise ’s failure to perform any of its rights provided at law or in equity, subject to the limitations on liability set forth in obligations under Paragraph 35 of this Lease.TENANT’S INITIALS LANDLORD’S INITIALS

Appears in 1 contract

Samples: Office and Industrial/Commercial Lease (Input Output Inc)

Landlord’s Default. Landlord will not be in default in the ------------------ performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord will not be deemed in default if it commences such performance within such thirty (30) day period and thereafter diligently pursues the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph Section 35 of this Lease.

Appears in 1 contract

Samples: Lease (Auto by Tel Corp)

Landlord’s Default. Landlord will shall not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails has failed to perform such obligation within thirty (30) days after the receipt of written date on which Landlord receives notice from Tenant specifying in detail Landlord's failure to perform; provided provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord will shall not be deemed in default if it commences shall commence such performance within such thirty (30) day period days and thereafter diligently pursues dili gently pursue the same to completion. Upon any default by LandlordIf Landlord does not cure the default, Tenant may exercise any of its all rights provided and remedies available to Tenant at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Americo Life Inc)

Landlord’s Default. Landlord will shall not be in default in the performance of any obligation required to be performed by Landlord under this Lease unless Landlord fails to perform such obligation obligations required by Landlord (including those set forth in the Exhibits) within a reasonable time, but in no event later than thirty (30) days after the receipt of written notice from by Tenant to Landlord specifying in detail Landlord's failure wherein Landlord has failed to performperform such obligations; provided provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord will shall not be deemed in default if it in Landlord commences such performance within such thirty (30) day period and thereafter diligently pursues prosecutes the same to completion. Upon any default by Landlord, Tenant may exercise any of its rights provided at law or in equity, subject to the limitations on liability set forth in Paragraph 35 of this Lease.

Appears in 1 contract

Samples: Financial Pacific Co

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