TENANT'S RIGHT TO PERFORM LANDLORD'S COVENANTS Sample Clauses

TENANT'S RIGHT TO PERFORM LANDLORD'S COVENANTS. If Tenant believes Landlord is not fulfilling its obligations set forth in Section 6.03, then, upon reasonable advance notice under the circumstances, Tenant may perform said services and the parties shall resolve any disputes as to whether (a) Landlord has failed to fulfill the foregoing obligations and (b) if in the event that it is determined that Landlord has failed to fulfill such obligations, damages incurred by Tenant as a result of such failure, first by engaging in negotiation under Section 24.02, and if necessary by mediation under Section 24.03.
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TENANT'S RIGHT TO PERFORM LANDLORD'S COVENANTS. If the LANDLORD, at any time during the Term of this CONTRACT or its extension, shall fail to perform any of its agreements made in this CONTRACT, the TENANT, after ten (10) days following the delivery to the LANDLORD of written notice of said failure (or without notice in the case of emergency), and without waiving or releasing the LANDLORD from any obligation of the LANDLORD contained in this CONTRACT, may, but shall be under no obligation to perform any act which the LANDLORD is required to perform under this CONTRACT, and may take all such actions on the BUILDING as may be necessary therefor. All sums paid by the TENANT, and all reasonable costs and expenses incurred by the TENANT in connection with the performance of any such obligation of the LANDLORD, shall be payable by the LANDLORD to the TENANT on demand.
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TENANT'S RIGHT TO PERFORM LANDLORD'S COVENANTS. In addition to all other remedies available at law, Tenant shall have the right after providing fifteen (15) days prior written notice to Landlord (which period may be extended for whatever period of time is reasonably required if such default cannot be reasonably cured within fifteen (15) days so long as Landlord commences such cure within said fifteen-day period and thereafter diligently prosecutes such cure until completion), to cure a default of Landlord in which event Landlord CIENA shall be liable to Tenant for all reasonable costs and expenses incurred by Tenant in curing such default; provided, however, in no event shall Tenant be entitled to deduct the costs and expenses of curing such default from any amounts payable by Tenant pursuant to the terms of the Lease, including all Basic Rent and Additional Rent.
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TENANT'S RIGHT TO PERFORM LANDLORD'S COVENANTS. If Landlord fails to perform any of Landlord's obligations pursuant to this Lease, Tenant shall give Landlord notice specifying in what manner Landlord has so failed (any such failure a "Landlord Default") and, if such Landlord Default shall continue for more than thirty (30) days after Landlord's receipt of Tenant's notice thereof, or to thereafter diligently and continuously pursue the cure to completion within thirty (30) days (or, if the nature of the Landlord Default shall be of such nature so as to reasonably require more than thirty (30) days, then within such reasonably extended period of time, so long as the cure is commenced within such thirty day period, and is
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TENANT'S RIGHT TO PERFORM LANDLORD'S COVENANTS. Landlord agrees that if Landlord at any time fails to pay any amount then required to be paid by Landlord under this Lease, or if Landlord fails to perform any other covenant or agreement on Landlord's part required to be performed, then after thirty (30) days' written notice to and demand upon Landlord which is not complied with during such 30-day period, Tenant may (but shall not be obligated to do so), without waiving or releasing Landlord from any of the obligations of Landlord under this Lease, pay any such imposition or other sum or perform or pay others to perform such other covenant or agreement, provided that Tenant shall have no such rights to pay or perform Landlord's obligations under this Section 10.4 if Landlord's failure cannot reasonably be cured within such thirty (30) day period and if Landlord is diligently attempting to cure same, and provided that Tenant shall not be required to give prior written notice to Landlord in the case of repairs to the Leased Premises which must be made immediately to prevent or limit damage to the Leased Premises or to Tenant's business operations and which Landlord does not make upon demand by Tenant. All sums so paid by Tenant may, at the option of Tenant, be offset against any rent then due or becoming due under this Lease.
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Related to TENANT'S RIGHT TO PERFORM LANDLORD'S COVENANTS

  • LANDLORD'S RIGHT TO PERFORM TENANT'S COVENANTS Tenant covenants and agrees that, if it shall at any time fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then Landlord, in its sole discretion may after due notice to, or demand upon, Tenant and subject to the limitations set forth below, make any payment or perform any other act on the part of Tenant to be made and performed as in this Lease provided, in such manner and to such extent as Landlord may reasonably deem desirable, and in exercising any such rights, Landlord may pay necessary and incidental costs and expenses, employ counsel, and incur and pay reasonable attorneys’ fees. The making of any such payment or the performing of any other act by Landlord pursuant to this Article shall not waive, or release Tenant from, any obligations of Tenant in this Lease contained. All sums so paid by Landlord and all reasonably necessary and incidental costs and expenses in connection with the performance of any such act by Landlord shall, except as otherwise in this Lease expressly provided, be payable to Landlord on demand, and Tenant covenants to pay any such sum or sums promptly, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the non-payment thereof by Tenant as in the case of default by Tenant in the payment of the Base Rent. Whenever practicable, Landlord, before proceeding as provided in this Section 12.4, shall give Tenant notice in writing of the failure of Tenant which Landlord proposes to remedy, and shall allow Tenant such length of time as may be reasonable in the circumstances, consistent with any grace periods contained herein, but not exceeding 30 days from the giving of notice, to remedy the failure itself and, if Tenant shall not remedy the failure in the time so allowed, Landlord shall be deemed to have given “due notice” and may proceed as provided in this Section 12.4; provided that nothing in this Section shall prevent Landlord from acting without notice to Tenant in case of any emergency wherein there is danger to property or person or where there may exist any violation of legal requirements including but not limited to the presence of Hazardous Materials, in which event no notice shall be required.

  • LANDLORD'S RIGHT TO PERFORM TENANT'S OBLIGATIONS (a) Without limiting the rights and remedies of Landlord contained in Paragraph 25 above, if Tenant shall be in Default in the performance of any of the terms, provisions, covenants or conditions to be performed or complied with by Tenant pursuant to this Lease, then Landlord may at Landlord's option, without any obligation to do so, and without notice to Tenant perform any such term, provision, covenant, or condition, or make any such payment and Landlord by reason of so doing shall not be liable or responsible for any loss or damage thereby sustained by Tenant or anyone holding under or through Tenant or any of Tenant's Agents.

  • LANDLORD’S RIGHT TO PERFORM TENANT’S DUTIES If Tenant fails timely to perform any of its duties under this Lease, Landlord shall have the right (but not the obligation), to perform such duty on behalf and at the expense of Tenant without prior notice to Tenant, and all sums expended or expenses incurred by Landlord in performing such duty shall be deemed to be additional Rent under this Lease and shall be due and payable upon demand by Landlord.

  • Landlord’s Right to Perform Except as specifically provided otherwise in this Lease, all covenants and agreements by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement or offset of Rent. If Tenant shall fail to pay any sum of money (other than Base Rent) or perform any other act on its part to be paid or performed hereunder and such failure shall continue for three (3) days with respect to monetary obligations (or ten (10) days with respect to non-monetary obligations, except in case of emergencies, in which such case, such shorter period of time as is reasonable under the circumstances) after Tenant’s receipt of written notice thereof from Landlord, Landlord may, without waiving or releasing Tenant from any of Tenant’s obligations, make such payment or perform such other act on behalf of Tenant. All sums so paid by Landlord and all necessary incidental costs incurred by Landlord in performing such other acts shall be payable by Tenant to Landlord within five (5) days after demand therefor as Additional Rent.

  • LANDLORD'S COVENANTS The Landlord covenants with the Tenant:

  • Landlord’s Covenant Upon payment by the Tenant of the rents and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease.

  • Lessor's Right to Perform for Lessee If Lessee fails to make any payment of Rent required to be made by it hereunder or fails to perform or comply with any of its agreements contained herein, then (but in each case, except in the case of failure to pay Rent or in the case of failure to maintain insurance as required hereunder, no earlier than the fifteenth day after the occurrence of such failure, whether or not it shall yet constitute an Event of Default hereunder) Lessor may itself make such payment or perform or comply with such agreement but shall not be obligated hereunder to do so, and the amount of such payment and the amount of the reasonable expenses of Lessor incurred in connection with such payment or the performance of or compliance with such agreement, as the case may be, together with interest thereon at the Past Due Rate, shall be deemed Supplemental Rent, payable by Lessee upon demand.

  • RIGHT OF LANDLORD TO PERFORM All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. If Tenant shall fail to pay any sum of money, other than rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue beyond any applicable cure period set forth in this Lease, Landlord may, but shall not be obligated to, without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such other act on Tenant's part to be made or performed as is in this Lease provided. All sums so paid by Landlord and all reasonable incidental costs, together with interest thereon at the rate of ten percent (10%) per annum from the date of such payment by Landlord, shall be payable to Landlord on demand and Tenant covenants to pay any such sums, and Landlord shall have (in addition to any other right or remedy of Landlord) the same rights and remedies in the event of the nonpayment thereof by Tenant as in the case of default by Tenant in the payment of the rent.

  • Sublandlord’s Obligations Sublandlord agrees that Subtenant shall be entitled to receive all services and repairs to be provided by Landlord to Sublandlord under the Master Lease. Subtenant shall look solely to Landlord for all such services and shall not, under any circumstances, seek nor require Sublandlord to perform any of such services, nor shall Subtenant make any claim upon Sublandlord for any damages which may arise by reason of Landlord’s Default under the Master Lease. Any condition resulting from a Default by Landlord shall not constitute as between Sublandlord and Subtenant an eviction, actual or constructive, of Subtenant and no such Default shall excuse Subtenant from the performance or observance of any of its obligations to be performed or observed under this Sublease, or entitle Subtenant to receive any reduction in or abatement of the Rent provided for in this Sublease. In furtherance of the foregoing, Subtenant does hereby waive any cause of action and any right to bring any action against Sublandlord by reason of any act or omission of Landlord under the Master Lease. Sublandlord covenants and agrees with Subtenant that Sublandlord will pay all fixed rent and additional rent payable by Sublandlord pursuant to the Master Lease to the extent that failure to perform the same would adversely affect Subtenant’s use or occupancy of the Sublease Premises. Notwithstanding anything in this Sublease to the contrary, in the event that Subtenant sends Sublandlord a factually correct notice that it cannot use its Sublease Premises for its normal business activities because Landlord is not fulfilling its maintenance and repair obligations under the Master Lease, then Sublandlord, at Subtenant’s sole cost and expense, will use commercially reasonable efforts, with attorneys approved by and paid for by Subtenant, to have Landlord fulfill its obligations under the Master Lease.

  • Tenant’s Obligations Tenant’s obligations under this Section 30 shall survive the expiration or earlier termination of the Lease. During any period of time after the expiration or earlier termination of this Lease required by Tenant or Landlord to complete the removal from the Premises of any Hazardous Materials (including, without limitation, the release and termination of any licenses or permits restricting the use of the Premises and the completion of the approved Surrender Plan), Tenant shall continue to pay the full Rent in accordance with this Lease for any portion of the Premises not relet by Landlord in Landlord’s sole discretion, which Rent shall be prorated daily.

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