Common use of Breach by Landlord Clause in Contracts

Breach by Landlord. Sublessor shall not be deemed to be in breach 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 written notice by Sublessee to Sublessor specifying wherein Sublessor has failed to perform such obligation; provided, however, that if the nature of Sublessors obligation is such that more than three (3) are required for its performance then Sublessor shall not be deemed to be in breech if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. In any event, Sublessee must bring an action for breach of this Sublease within one(1) year of Sublessor’s breach or be deemed to have waived the breach and not harmed thereby.

Appears in 1 contract

Samples: Sublease Agreement (Sino Daren Co. LTD)

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Breach by Landlord. Sublessor shall not be deemed to be in breach 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 written notice by Sublessee to Sublessor specifying wherein Sublessor has failed to perform such obligation; provided, however, that if the nature of Sublessors Sublessor's obligation is such that more than three thirty (330) days are required for its performance then Sublessor shall not be deemed to be in breech if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. In any event, Sublessee must bring an action for breach of this Sublease within one(1one (1) year of Sublessor’s 's breach or be deemed to have waived the breach and not harmed thereby.

Appears in 1 contract

Samples: Photon Dynamics Inc

Breach by Landlord. Sublessor shall not be deemed to be in breach 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) 5 days after written notice by Sublessee to Sublessor specifying wherein Sublessor has failed to perform such obligation; provided, however, that if the nature of Sublessors Sublessor's obligation is such that more than three (3) 5 days are required for its performance then Sublessor shall not be deemed to be in breech if it shall commence such performance within such thirty (30) 5 day period and thereafter diligently prosecute the same to completion. In any event, Sublessee must bring an action for breach of this Sublease within one(1) year 2 years of Sublessor’s breach or be deemed to have waived the breach and not harmed thereby.

Appears in 1 contract

Samples: Form of Sublease Agreement (iPower Inc.)

Breach by Landlord. Sublessor shall not be deemed to be in breach 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) 30 days after written notice by Sublessee to Sublessor specifying wherein Sublessor has failed to perform such obligation; provided, however, that if the nature of Sublessors Sublessor's obligation is such that more than three (3) 10 are required for its performance then Sublessor shall not be deemed to be in breech if it shall commence such performance within such thirty (30) 30 day period and thereafter diligently prosecute the same to completion. In any event, Sublessee must bring an action for breach of this Sublease within one(1) 3 year of Sublessor’s breach or be deemed to have waived the breach and not harmed thereby.

Appears in 1 contract

Samples: Sublease Agreement (Thermal Tennis Inc.)

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Breach by Landlord. Sublessor shall not be deemed to be in breach 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 written notice by Sublessee to Sublessor specifying wherein Sublessor has failed to perform such obligation; provided, however, that if the nature of Sublessors Sublessor's obligation is such that more than three (3) are required for its performance then Sublessor shall not be deemed to be in breech if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. In any event, Sublessee must bring an action for breach of this Sublease within one(1) year of Sublessor’s breach or be deemed to have waived the breach and not harmed thereby.

Appears in 1 contract

Samples: Sublet Lease Agreement

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