Common use of TENANT'S PERFORMANCE Clause in Contracts

TENANT'S PERFORMANCE. In the event Tenant shall fail within any time limits which may be provided herein to complete any work or perform any other requirements provided to be performed by Tenant prior to the Commencement Date, or in the event Tenant shall cause a delay in the completion of Landlord's Work, or any work to be performed by Tenant, Landlord may send Tenant written notice of said default and if said default is not corrected within ten (10) days thereafter, Landlord may terminate this Lease by written notice to Tenant given prior to the curing of said default. Landlord shall be entitled to receive as liquidated damages the greater of (a) any deposits made hereunder or (b) twice the amount of the GMMR and such improvements as Tenant may have annexed to the realty that cannot be removed without damage thereto. Landlord shall be entitled to retain any deposit paid hereunder by Tenant as an offset against such liquidated damages. The provisions of this Section 27 shall apply to the defaults described in this Section and other provisions of Section 23 shall be inapplicable thereto.

Appears in 2 contracts

Sources: Property Lease, Lease Agreement (Stellar Biotechnologies, Inc.)