Common use of Landlord Default Clause in Contracts

Landlord Default. Landlord shall be in default under this Lease if (i) Landlord fails to perform any of its obligations hereunder and said failure continues for a period of 60 days after written notice thereof from Tenant to Landlord (provided that if such failure cannot reasonably be cured within said 60 day period, Landlord shall be in default hereunder only if Landlord fails to commence the cure of said failure within said 60 day period, or having commenced the curative action within said 60 day period, fails to diligently pursue same) and (ii) each Mortgagee of whose identity Tenant has been notified in writing shall have failed to cure such default within 30 days (or such longer period of time as may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure to cure within the time periods provided above. In the event of a default by Landlord under this Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it at law or in equity, provided, however, in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damages.

Landlord Default. Landlord shall be in default of its obligations under this Lease if (i) Landlord fails shall fail to observe or perform any term, covenant or condition of this Lease on its obligations hereunder part to be performed, and said such failure continues shall continue for a period of 60 thirty (30) days after written notice Notice thereof from Tenant (or such shorter time as may be necessary in order to Landlord (provided that if cure or correct any condition, the presence of which substantially or materially interferes with Tenant’s conduct of its usual business for the Permitted Use(s) or to protect the health or welfare of any resident of the Property or to ensure the ongoing compliance of the Property with applicable law), unless such failure cannot reasonably be cured with due diligence within said 60 day a period of thirty (30) days (or the above-described shorter time period), in which case such failure shall not be deemed to continue if Landlord, within such thirty (30) days (or the above-described shorter time period), promptly commences its attempt to cure the failure and diligently attempts to complete the curing thereof. The time within which Landlord shall be in default hereunder only if obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. If Landlord fails to commence the such cure of said failure within said 60 day periodas provided 1845797.11-NYCSR07A - MSW herein, or having commenced the curative action within said 60 day periodTenant may cure such default, fails and so long as Tenant continues to diligently pursue same) and (ii) each Mortgagee of whose identity pay Rent, Tenant has been notified in writing shall have failed the right (subject to cure such default within 30 days Section 6.1), as Tenant’s sole remedy (or such longer period of time except as otherwise provided in this Section 18.1), by separate and independent action to pursue any claim it may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of have against Landlord for monetary damages caused by Landlord’s failure to cure within the time periods provided above. In the event of a default by Landlord under this Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it at law or in equity, provided, however, in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damagesdefault.

Landlord Default. In the event of any alleged default on the part of Landlord hereunder, Tenant shall give written notice to Landlord in the manner herein set forth and shall afford Landlord a reasonable opportunity to cure any such default. Notice to Landlord of any such alleged default shall be in ineffective unless notice is simultaneously delivered to any holder of a Mortgage and/or Trust Deed affecting all or any portion of the Building and/or Building Complex ("Mortgagees"), as hereafter provided. Tenant agrees to give all Mortgagees, by certified mail, return receipt requested, a copy of any notice of default under this Lease if (i) Landlord fails to perform any of its obligations hereunder and said failure continues for a period of 60 days after written notice thereof from Tenant to Landlord (served upon Landlord, provided that if prior to such failure cannot reasonably be cured within said 60 day period, Landlord shall be in default hereunder only if Landlord fails to commence the cure of said failure within said 60 day period, or having commenced the curative action within said 60 day period, fails to diligently pursue same) and (ii) each Mortgagee of whose identity notice Tenant has been notified notified, in writing (by way of notice of Assignment of Rents and Leases, or otherwise), of the address of such Mortgagees. Tenant further agrees that if Landlord shall have failed to cure such default within 30 the time provided for in this Lease, then the Mortgagees shall have an additional thirty (30) days (or within which to cure such longer period of default or, if such default cannot be cured within that time, then such additional time as may be specified in necessary, if, within such thirty (30) days, any written agreement between Tenant Mortgagee has commenced and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure is diligently pursuing the remedies necessary to cure within the time periods provided abovesuch default (including, but not limited to, commencement of foreclosure proceedings, if necessary to effect such cure), in which event this Lease shall not be terminated while such remedies are being so diligently pursued. In the no event will Landlord or any Mortgagee be responsible for any consequential damages incurred by Tenant as a result of any default, including, but not limited to, lost profits or interruption of business as a result of any alleged default by Landlord under this Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it at law or in equity, provided, however, in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damageshereunder.

Landlord Default. If Landlord fails to perform or observe any of the obligations on Landlord’s part to be performed or observed pursuant to this Lease, and such failure continues for thirty (30) days after written notice thereof is sent by Tenant to Landlord informing Landlord of such failure, then Landlord shall be deemed to be in default under this Lease Lease; provided, however, that if the failure set forth in Tenant’s notice is such that it requires more than thirty (30) days to correct, Landlord shall not be deemed to be in default hereunder if Landlord: (i) Landlord fails to perform any of its obligations hereunder promptly and said diligently commences curing the failure continues for a period of 60 within thirty (30) days after written notice thereof from is sent by Tenant to Landlord (provided that if informing Landlord of such failure cannot reasonably be cured within said 60 day period, Landlord shall be in default hereunder only if Landlord fails to commence the cure of said failure within said 60 day period, or having commenced the curative action within said 60 day period, fails to diligently pursue same) failure; and (ii) each Mortgagee diligently prosecutes the cure to completion and subject to extension for delays cause by Force Majeure. Any monetary judgment obtained by Tenant shall be satisfied only out of whose identity Tenant has been notified the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in writing the Premises and out of rents or other income from such property receivable by Landlord and Landlord shall have failed to cure such not be personally liable for any deficiency. If a Landlord default within 30 days (or such longer period of time as may cannot be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure to cure cured within the time periods provided above. In the event of a default by Landlord under for in this LeaseSection, Tenant shall use reasonable efforts have the right to mitigate its credit any damages and losses arising from resulting therefrom or other claimed amount against any such default and Tenant may pursue any and all remedies available to it at law Base Rent, Additional Rent, or in equity, provided, however, in no event shall Tenant claim a constructive other sum then or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damagesthereafter due Landlord.

Landlord Default. Notwithstanding anything to the contrary set forth ---------------- in this Lease, Landlord shall be in default in the performance of any obligation required to be performed by Landlord pursuant to this Lease if (i) Landlord is obligated to make a payment of money to Tenant, and Landlord fails to pay such unpaid amounts within ten (10) days of written notice from Tenant that the same was not paid when due, or (ii) such failure is other than the obligation to pay money, and Landlord fails to perform such obligation within thirty (30) days after the receipt of notice from Tenant specifying in detail Landlord's failure to perform; provided, however, 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 in default under this Lease if it shall commence such performance within such thirty (i30) Landlord fails to perform any of its obligations hereunder day period and said failure continues for a period of 60 days after written notice thereof from Tenant to Landlord (provided that if such failure cannot reasonably be cured within said 60 day period, Landlord shall be in default hereunder only if Landlord fails to commence the cure of said failure within said 60 day period, or having commenced the curative action within said 60 day period, fails to thereafter diligently pursue same) and (ii) each Mortgagee of whose identity Tenant has been notified in writing shall have failed the same to cure completion. Upon any such default within 30 days (or such longer period of time as may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure to cure within the time periods provided above. In the event of a default by Landlord under this Lease, Tenant shall use reasonable efforts may, except as otherwise specifically provided in this Lease to mitigate the contrary, exercise any of its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it rights provided at law or in equity; provided that, provided, however, except as otherwise specifically provided in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease andto the contrary, further providedTenant shall have no right to terminate this Lease. Tenant shall have the right to terminate this Lease if after giving the notice required above, in no event shall Landlord fails timely to pay the Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special Improvement Allowance or consequential damagescure a breach of the covenant of quiet enjoyment.

Landlord Default. It is mutually agreed that if Landlord shall be in default under this Lease if (i) Landlord fails to perform in performing any of its obligations hereunder the terms and said failure continues for a period provisions of 60 days after written notice thereof from Tenant to Landlord (provided that if such failure cannot reasonably be cured within said 60 day periodthis Lease, Landlord shall be in default hereunder only if Landlord and fails to commence the cure of said failure within said 60 day period, or having commenced the curative action within said 60 day period, fails to diligently pursue same) and (ii) each Mortgagee of whose identity Tenant has been notified in writing shall have failed to cure such default within 30 thirty (30) days after the date of receipt of a written notice of default from Tenant; then, and in any of said events, Tenant, at Tenant’s option, shall have the right to exercise such rights and remedies as are available under the law or in equity to cure and/or remedy Landlord’s default or otherwise compensate Tenant therefor, including, without limitation, all rights and remedies expressly set forth in this Lease. If Tenant provides Landlord with a second (or 2nd) notice of default and notice of its intent to terminate this Lease and (i) such longer default remains unremedied for an additional cure period of time as may be specified thirty (30) days, or (ii) in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure to cure within the time periods provided above. In the event case of a default by that cannot be remedied within such additional thirty (30) day period, if Landlord under this Leasehas failed to actively pursue a remedy during such period, Tenant shall use reasonable efforts to mitigate its damages may cancel and losses arising from any terminate this Lease as of the date set forth in such default and Tenant may pursue any second notice, and all remedies available right, title, and interest of Tenant hereunder shall terminate in the same manner and with the same force and effect, except as to it at law Tenant’s and Landlord’s, as the case may be, liability hereunder for any breaches hereunder or for the performance of any indemnities or other continuing responsibilities, as of the date fixed in equity, provided, however, in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default notice of cancellation and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damagestermination was the end of the Term herein originally determined.

Landlord Default. Landlord shall be in default under this Lease if (i) Landlord fails to perform any of its obligations hereunder and said failure continues for a period of 60 thirty (30) days after Tenant delivers written notice thereof from Tenant to Landlord (to each of the addresses required by the Lease) and each mortgagee who has a lien against any portion of the Property and whose name and address has been provided to Tenant, provided that if such failure cannot reasonably be cured within said 60 thirty (30) day period, Landlord shall not be in default hereunder only if Landlord fails to commence the cure of said failure within said 60 day period, or having commenced the curative action is commenced within said 60 thirty (30) day period, fails to period and is thereafter diligently pursue same) and (ii) each Mortgagee of whose identity Tenant has been notified in writing shall have failed to cure such default within 30 days (or such longer period of time as may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure to cure within the time periods provided abovepursued until cured. In the event of a default by Landlord under this Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it at law or in equity, provided, however, in no event shall (i) Tenant claim a constructive or actual eviction or that the Premises have become unsuitable hereunder or unhabitable (ii) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to have occurred under this Lease, prior to the expiration of the notice and cure periods provided under this Section 26(e). Any notice of a default and failure to cure perform by Landlord shall be sent to Landlord at the addresses and its Mortgagee to the attention of the parties set forth in the Basic Lease Information. Any notice of a failure to perform by Landlord not sent to Landlord at all addresses and/or to the attention of all parties required under this Lease and, further provided, in no event shall Tenant be Section and to each mortgagee who is entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special notice or consequential damagesnot sent in compliance with Section 12(c) below shall be of no force or effect.

Landlord Default. In the event that Landlord shall be in default under this Lease if (i) Landlord fails fail to perform any obligation of its obligations hereunder Landlord to be performed under this Lease, Tenant’s sole and said failure continues exclusive remedies for a period of 60 days after written notice thereof from Tenant to Landlord (provided that if any such failure cannot reasonably shall be cured within said 60 day periodan action for money damages, specific performance and/or injunctive relief (Tenant hereby waiving the benefit of any laws granting Tenant a lien upon the property of Landlord and/or upon rental due Landlord or granting Tenant a right to terminate this Lease upon a default by Landlord); provided, however, that Landlord shall not be in default hereunder only if (and Tenant shall have no right to pursue any such claim for damages in connection with any such failure) unless and until Tenant shall have delivered to Landlord fails to commence the cure of said failure within said 60 day perioda written notice specifying such default with particularity, or having commenced the curative action within said 60 day period, fails to diligently pursue same) and (ii) each Mortgagee of whose identity Tenant has been notified in writing Landlord shall thereafter have failed to cure such default within 30 thirty (30) days (or or, if the nature of Landlord’s obligation is such longer that more than thirty (30) days are reasonably required for its performance, then not unless Landlord shall have failed to commence such performance of such cure within such thirty (30) day period of time as may be specified in any written agreement between Tenant and Mortgagee regarding such matterthereafter diligently pursue the same to completion within ninety (90) after days). The foregoing notwithstanding, Landlord agrees to commence Switch Gear Repairs and Water Repairs within twenty-four (24) hours following receipt of written notice from Tenant of Landlord’s the need for same, and shall diligently pursue the curing thereof to completion. Unless and until Landlord shall have so failed to so cure any such failure to cure within the time periods provided above. In the event of a default by Landlord under this Leaseafter such notice, Tenant shall use reasonable efforts to mitigate its damages and losses arising from not have any such default and Tenant may pursue any and all remedies available to it at law remedy or in equitycause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, provided, however, in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damagesnot conditions.

Landlord Default. Landlord shall be in default of its obligations under this Lease if (i) Landlord fails shall fail to observe or perform any term, covenant or condition of this Lease on its obligations hereunder part to be performed, and said such failure continues shall continue for a period of 60 thirty (30) days after written notice Notice thereof from Tenant (or such shorter time as may be necessary in order to Landlord (provided that if cure or correct any condition, the presence of which substantially or materially interferes with Tenant’s conduct of its usual business for the Permitted Use(s) or to protect the health or welfare of any patient or other resident of the Property or to ensure the ongoing compliance of the Property with applicable law), unless such failure cannot reasonably be cured with due diligence within said 60 day a period of thirty (30) days (or the above-described shorter time period), in which case such failure shall not be deemed to continue if Landlord, within such thirty (30) days (or the above-described shorter time period), promptly commences its attempt to cure the failure and diligently attempts to complete the curing thereof. The time within which Landlord shall be in default hereunder only if obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. If Landlord fails to commence the such cure of said failure within said 60 day periodas provided herein, or having commenced the curative action within said 60 day periodTenant may cure such default, fails and so long as Tenant continues to diligently pursue same) and (ii) each Mortgagee of whose identity pay Rent, Tenant has been notified in writing shall have failed the right (subject to cure such default within 30 days Section 6.1), as Tenant’s sole remedy (or such longer period of time except as otherwise provided in this Section 18.1), by separate and independent action to pursue any claim it may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of have against Landlord for monetary damages caused by Landlord’s failure to cure within the time periods provided above. In the event of a default by Landlord under this Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it at law or in equity, provided, however, in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damagesdefault.

Landlord Default. Landlord shall be in default under this Lease in the event Landlord has not begun and pursued with reasonable diligence the cure of any failure of Landlord to meet its obligations under this Lease within thirty (30) days of the receipt by Landlord of written notice from Tenant of Landlord’s alleged failure to perform (and an additional reasonable time after such receipt if (i) Landlord fails to perform any of its obligations hereunder and said failure continues for a period of 60 days after written notice thereof from Tenant to Landlord (provided that if such failure cannot reasonably be cured within said 60 day such thirty (30)-day period, Landlord shall be in default hereunder only if Landlord fails to commence the cure of said failure within said 60 day period, or having commenced the curative action within said 60 day period, fails to diligently pursue same) and (ii) each Mortgagee Landlord commences curing such failure within such thirty (30)-day period and thereafter diligently pursues the curing of whose identity Tenant has been notified in writing shall have failed to cure such default within 30 days (or such longer period of time as may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure to cure within the time periods provided abovefailure). In the event of a default by Landlord under this Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it at law or in equity, provided, however, in no event shall Tenant claim have the right to terminate or rescind this Lease as a constructive result of Landlord’s default. Tenant waives such remedies of termination or actual eviction or rescission (except as otherwise specifically provided for in this Lease) and agrees that the Premises have become unsuitable or unhabitable prior to a Txxxxx’s remedies for default and failure to cure by Landlord and its Mortgagee under this Lease andand for breach of any promise or inducement are limited to a suit for damages and/or injunction, further providedand are specifically subject to Paragraph 28 below. In addition, Tenant shall prior to the exercise of any such remedies, provide each Landlord’s mortgagee (in each instance, only as to those entities of which Tenant has notice of their interest) with written notice and reasonable time to cure any default by Landlord. In no event shall Landlord be liable to Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives for any claim it otherwise may have for special consequential or consequential punitive damages.

Landlord Default. Landlord shall be in default of its obligations under this Lease if (i) Landlord fails shall fail to observe or perform any term, covenant or condition of this Lease on its obligations hereunder part to be performed, and said such failure continues shall continue for a period of 60 thirty (30) days after written notice Notice thereof from Tenant (or such shorter time as may be necessary in order to Landlord (provided that if cure or correct any condition, the presence of which substantially or materially interferes with Tenant’s conduct of its usual business for the Permitted Use(s) or to protect the health or welfare of any resident of the Property or to ensure the ongoing compliance of the Property with applicable law), unless such failure cannot reasonably be cured with due diligence within said 60 day a period of thirty (30) days (or the above-described shorter time period), in which case such failure shall not be deemed to continue if Landlord, within such thirty (30) days (or the above-described shorter time period), promptly commences its attempt to cure the failure and diligently attempts to complete the curing thereof. The time within which Landlord shall be in default hereunder only if obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. If Landlord fails to commence the such cure of said failure within said 60 day periodas provided herein, or having commenced the curative action within said 60 day periodTenant may cure such default, fails and so long as Tenant continues to diligently pursue same) and (ii) each Mortgagee of whose identity pay Rent, Tenant has been notified in writing shall have failed the right (subject to cure such default within 30 days Section 6.1), as Tenant’s sole remedy (or such longer period of time except as otherwise provided in this Section 18.1), by separate and independent action to pursue any claim it may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of have against Landlord for monetary damages caused by Landlord’s failure to cure within the time periods provided above. In the event of a default by Landlord under this Lease, Tenant shall use reasonable efforts to mitigate its damages and losses arising from any such default and Tenant may pursue any and all remedies available to it at law or in equity, provided, however, in no event shall Tenant claim a constructive or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damagesdefault.

Landlord Default. The following events shall be an event of default hereunder by Landlord and shall constitute a breach of this Lease (individually a “Landlord Default”): if Landlord shall violate or fail to comply with or perform any other term, provision, covenant, agreement or condition to be in default performed or observed by Landlord under this Lease if (i) Landlord fails to perform any of its obligations hereunder Lease, and said such violation or failure continues shall continue for a period of 60 thirty (30) days after written notice thereof from Tenant to Landlord (provided that Tenant; provided, however, if such failure violation cannot reasonably be cured within the thirty (30) day cure period and Landlord commences to cure said 60 violation within the thirty (30) day period, Landlord shall be in default hereunder only if Landlord fails to commence cure period and diligently pursues the cure of said failure within said 60 day period, or having commenced the curative action within said 60 day period, fails violation to diligently pursue same) and (ii) each Mortgagee of whose identity Tenant has been notified in writing completion then Landlord shall have failed such time as is reasonably necessary to cure such default within 30 days (or such longer period of time as may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure to cure within the time periods provided aboveviolation. In the event of a default by Landlord under this Lease, Default hereunder Tenant shall use reasonable efforts have the right to mitigate its damages and losses arising from any cure such default on behalf of Landlord and Tenant may pursue any bring suit against Landlord, and all remedies available to it at law or upon obtaining a final, non-appealable judgment, recover against Xxxxxxxx’s interest in equity, provided, however, in the Demised Premises. In no event shall Tenant claim a constructive have the right to terminate in whole or actual eviction or that the Premises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under in part this Lease and, further providedas a result of any Landlord Default nor shall have Tenant have any right to offset or withhold Rent. Further notwithstanding the foregoing or any other provisions of this Lease, in no event shall Tenant be entitled to receive more than its actual direct damagesrecover punitive, it being agreed that Tenant hereby waives any claim it otherwise may have for incidental, consequential, indirect, special or consequential damagesexemplary damages against Landlord for a Landlord Xxxxxxx.