Common use of Landlord’s Default Clause in Contracts

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such default; 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 shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 5 contracts

Samples: Lease (Cutera Inc), Lease (Vocera Communications, Inc.), Lease (Brooks Automation Inc)

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Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice Notice by Tenant to Landlord (and the Mortgagees who have provided Tenant with notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion.

Appears in 5 contracts

Samples: Office Lease (Noosh Inc), Form Lease (Agouron Pharmaceuticals Inc), Cupertino Master Lease Agreement (Adforce Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by from Tenant to Landlord (and any Lender who have provided Tenant with notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are reasonably required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion. Tenant expressly waives any right to terminate this Lease or to claim a constructive eviction by reason of any default by Landlord hereunder.

Appears in 5 contracts

Samples: Office Lease (Arteris, Inc.), Office Lease (Arteris, Inc.), Gross Lease (Alphasmart Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it Landlord hereunder unless and until it Landlord has failed to perform such the obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying wherein Landlord has failed to perform the nature of such defaultobligation; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord shall commence such the performance within such the thirty (30) day period and thereafter shall diligently prosecute the same to completion.

Appears in 3 contracts

Samples: Industrial Lease (Rubicon Medical Corp), Transact Technologies Inc, Marvell Technology Group LTD

Landlord’s Default. Landlord shall not be deemed to be in default ------------------ in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) -day period and thereafter diligently prosecute the same to completion.

Appears in 3 contracts

Samples: Lease (At Home Corp), Lease (Supportsoft Inc), Lease (Fogdog Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it Landlord hereunder unless and until it Landlord has failed to perform such the obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such defaultobligation Landlord has failed 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 shall not be deemed to be in default if it Landlord shall commence the performance of such performance obligation within such the thirty (30) day period and thereafter shall diligently prosecute the same to completion.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Simpson Manufacturing Co Inc /Ca/), Consulting Agreement (Simpson Manufacturing Co Inc /Ca/), Sublease Agreement (Thermage Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice Notice by Tenant to Landlord (and the Mortgagees who have provided Tenant with Notice) specifying the nature of such default; 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 shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion.

Appears in 3 contracts

Samples: Office Lease (Eargo, Inc.), Office Lease (Eargo, Inc.), Standard Form Office Lease (Flitways Technology Inc.)

Landlord’s Default. Landlord shall not be deemed to be in default in the ------------------ performance of any obligation required to be performed by it Landlord hereunder unless and until it Xxxxxxxx has failed to perform such the obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such defaultobligation Landlord has failed to perform; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord shall commence the performance of such performance obligation within such the thirty (30) day period and thereafter shall diligently prosecute the same to completion.

Appears in 2 contracts

Samples: Avantgo Inc, Avantgo Inc

Landlord’s Default. Landlord shall not be deemed to be in default ------------------ in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 2 contracts

Samples: Hiway Technologies Inc, Tvia Inc

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it Landlord hereunder unless and until it Landlord has failed to perform such the obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such defaultobligation Landlord has failed to perform; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord shall commence the performance of such performance obligation within such the thirty (30) day period and thereafter shall diligently prosecute the same to completion.

Appears in 2 contracts

Samples: Lease (Lynx Therapeutics Inc), Leapfrog Enterprises Inc

Landlord’s Default. Landlord shall not be deemed to be in ------------------ default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) -day period and thereafter diligently prosecute the same to completion.

Appears in 2 contracts

Samples: Suit Lease (At Home Corp), Suit Lease (At Home Corp)

Landlord’s Default. Landlord shall not be deemed to be in ------------------ default in the performance of any obligation required to be performed by it Landlord hereunder unless and until it Landlord has failed to perform such the obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying wherein Landlord has failed to perform the nature of such defaultobligation; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord shall commence such the performance within such the thirty (30) day period and thereafter shall diligently prosecute the same to completion.

Appears in 1 contract

Samples: Ibeam Broadcasting Corp

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice Notice by Tenant to Landlord (and the Mortgagees who have provided Tenant with notice) specifying the nature of such default; 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 shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion.

Appears in 1 contract

Samples: Form Lease (Adept Technology Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it Landlord hereunder unless and until it Landlord has failed to perform such the obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying wherein Landlord has failed to perform the nature of such defaultobligation; provided, however, that if the nature of Landlord’s Landlord obligation is such that more than thirty (30) days are required for its performance, then Landlord Landlord, shall not be deemed to be in default if it Landlord shall commence such the performance within such the thirty (30) day period and thereafter shall diligently prosecute the same to completion.

Appears in 1 contract

Samples: Lease (Seagate Software Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord (and its lender(s) of record who have provided Tenant with notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 1 contract

Samples: Lease (Kofax Image Products Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of wherein Landlord has failed to perform such default; providedobligation. Provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 1 contract

Samples: Lease Agreement (Horizon Health Corp /De/)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord (and its lendor(s) of record who have provided Tenant with notice) specifying the nature of such default; , provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 1 contract

Samples: Sublease Agreement (Steri Oss Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in ------------------ the performance of any obligation required to be performed by it Landlord hereunder unless and until it Landlord has failed to perform such the obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying wherein Landlord has failed to perform the nature of such defaultobligation; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord shall commence such the performance within such the thirty (30) day period and thereafter shall diligently prosecute the same to completion.

Appears in 1 contract

Samples: Tenant Improvements Construction Agreement (Consilium Inc)

Landlord’s Default. Landlord shall not be deemed to be in default ------------------ in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days (or, if an emergency condition exists, within a commercially reasonable period of time) after receipt of written notice by Tenant to Landlord specifying the nature of such default; provided, however, that that, with respect to non-emergencies only, if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 1 contract

Samples: Terayon Communication Systems

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Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within a reasonable time, not to exceed thirty (30) days after receipt of written notice Notice by Tenant to Landlord (and the Mortgagees who have provided Tenant with notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion. See Rider 15.7.

Appears in 1 contract

Samples: Cardima Inc

Landlord’s Default. Landlord shall not be deemed to be in default ------------------ in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by from Tenant to Landlord (and any Lender who have provided Tenant with notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are reasonably required for its performance, then Landlord shall not be deemed to be in default if it is shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion. Tenant expressly waives any right to terminate this Lease or to claim a constructive eviction by reason of any default by Landlord hereunder.

Appears in 1 contract

Samples: Office Lease (Netflix Com Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice Notice by Tenant to Landlord (and the Mortgagees who have provided Tenant with Notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion.

Appears in 1 contract

Samples: Form Office Lease (8x8 Inc /De/)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty fifteen (3015) days after receipt of written notice Notice by Tenant to Landlord (and the Mortgagees who have provided Tenant with notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty fifteen (30) day 15)day period and thereafter diligently prosecute prosecutes the same to completion.

Appears in 1 contract

Samples: United Natural Foods Inc

Landlord’s Default. Landlord shall not be deemed to be in default in the ------------------ performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 1 contract

Samples: Lease (Snowball Com Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder under this Lease unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord (and the Mortgagees who have provided Tenant with notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion.

Appears in 1 contract

Samples: Lease (Broadcom Corp)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it Landlord hereunder unless and until it Landlord has failed to perform such performed the obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying wherein Landlord has tailed to perform the nature of such defaultobligation; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord shall commence such the performance within such the thirty (30) day period and thereafter shall diligently prosecute the same to completion.

Appears in 1 contract

Samples: Sub Sublease (Computer Literacy Inc)

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice Notice by Tenant to Landlord (and the Mortgages who have provided Tenant with notice) specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion.

Appears in 1 contract

Samples: Omnicell Com /Ca/

Landlord’s Default. Except as reasonably apparent to Landlord, or ------------------ part of the regularly scheduled repair or maintenance of the Property, Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 1 contract

Samples: Assignment of Lease (Oni Systems Corp)

Landlord’s Default. Landlord shall not be deemed to be in default in of the performance of any covenant, agreement, or obligation required to be performed by it Landlord hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such default; 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 shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

Appears in 1 contract

Samples: Lease

Landlord’s Default. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Tenant to Landlord specifying the nature of such default; provided, however, that if the nature of Landlord’s 's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence have commenced such performance within such thirty (30) day period and thereafter diligently prosecute prosecutes the same to completion.

Appears in 1 contract

Samples: Brightpoint Inc

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