Rights on Xxxxxx's Default. If the Lessee shall give the notice but fail to comply with any of the provisions of this Paragraph, the Lessor shall have the option at any time prior to September 30th (i) of returning to the Lessee this Lease, the certificate of shares and other documents deposited and thereupon the Lessee shall be deemed to have withdrawn the notice of intention to cancel this Lease, or (ii) of treating this Lease as cancelled as of the September 30th named in the notice of intention to cancel as of the date of the cancellation of such Lease, and bringing such proceedings and actions as it may deem best to enforce the covenants of the Lessee hereinabove contained and to collect from the Lessee the payments which the Lessee is required to make hereunder, together with reasonable attorney's fees and expenses.
Rights on Xxxxxx's Default. The following shall constitute an "Event of Default" by Tenant under this Lease: (a) a failure to pay when due any payment due under this Lease or a failure by Tenant to provide to Landlord the subordination or estoppel certificate required under this Lease or a breach of Article IV of this Lease, provided that with regard to any payment default, no Event of Default shall exist until ten (10) days after written notice from Landlord of such failure to pay, provided further that Landlord shall be required to give no more than two (2) such notices in any calendar year, or (b) any other default by Tenant in the performance or observance of an obligation under this Lease shall continue after thirty (30) days written notice by Landlord to Tenant; provided that if such default cannot reasonably be cured within said 30-day period, an Event of Default shall not exist if Tenant has commenced efforts to cure such default within such 30-day period and thereafter diligently pursues the same to completion.
Rights on Xxxxxx's Default. In the event of (a) any failure by Tenant to pay any rental or any other monetary amount when due as required in this Lease, or (b) any failure by Tenant to perform its obligations under this Lease after thirty (30) days' written notice by Landlord to Tenant describing the failure to perform in reasonable detail, then, it shall be deemed a default under this Lease; provided, however, that if the nature of the default is such that it cannot reasonably be cured within thirty (30) days, then Tenant shall be given another thirty (30) days to cure the default provided that it is diligently prosecuting the same to completion, and in addition to any other rights or remedies Landlord may have by law or otherwise, Landlord may (i) elect to terminate this Lease, or (ii) perform the covenant of Tenant which is in default (entering the Leased Premises if necessary) and Landlord's performance of such covenant shall neither subject Landlord to liability for any loss, inconvenience or damage to Tenant, nor be construed as a waiver of Tenant's default or of any other right or remedy of Landlord with respect to such default. Should Landlord elect to terminate this Lease, Landlord may, but shall not be obligated to, relet the Leased Premises or any part thereof for such term or terms (which may be for a term extending beyond the Lease Term) and at such rental or rentals and upon such other terms and conditions as Landlord in the exercise of Landlord's commercially reasonable discretion may deem advisable, with the right to make alterations and repairs to the Leased Premises. Such reletting shall not constitute an acceptance by Landlord of a surrender of the Leased Premises by Xxxxxx. Upon each such reletting (a) Tenant immediately shall be liable for payment to Landlord, of any indebtedness of Tenant other than rental due hereunder, the cost and expense of such reletting (including but not limited to leasing commissions payable to Landlord, or its affiliates, or to independent brokers) and of such alterations and repairs incurred by Landlord, and the amount, if any, by which the rental reserved in this Lease for the period of such reletting (up to but not beyond the Lease Term) exceeds the amount agreed to be paid as rental for the Leased Premises for such period of such reletting; or (b) at the option of Landlord, rentals received by Landlord from such reletting shall be applied first, to the payment of any indebtedness of Tenant other than rental due hereunder; second, to...
Rights on Xxxxxx's Default. If the Lessee shall give the notice but fail to comply with any of the other provisions of this Paragraph, the Lessor shall have the option at any time prior to September 30th (i) of returning to the Lessee this Lease, the certificate for shares and other documents deposited, and thereupon the Lessee shall be deemed to have withdrawn the notice of intention to cancel this Lease, or
Rights on Xxxxxx's Default. On each and every occasion on which the Tenant omits or neglects to do or effect anything which the Tenant is obliged by this Lease to do or effect, it shall be lawful (but not obligatory upon the Landlord and without prejudice to any rights and powers arising from such default) for the Landlord to do or effect such thing by its architects, contractors, workmen, servants, employees and agents as if the Landlord or its architects, contractors, workmen, servants employees and agents may enter upon the Premises and there remain for the purpose of doing or effecting any such thing and all costs and expense of carrying out such thing or works shall be payable by the Tenant on demand.
