Landlords Default Tenants Remedies. If during the Term of this Lease, Landlord fails to comply with any of the terms, conditions or provisions of this Lease, or if Landlord breaches any warranty contained in this Lease, and Landlord does not cure such failure or breach within thirty (30) days after receipt of written notice from Tenant specifying such non-compliance or breach, or if such failure or breach is of such a nature that Landlord cannot reasonably remedy the same within such thirty (30) day period, Landlord shall fail to commence to remedy the same within such thirty (30) day period and to prosecute such remedy to completion with reasonable diligence, then, in any of said events, provided that Tenant has also given Landlord's mortgagee notice of such breach or default as required in this Section 19 below, Tenant shall have the right, at Tenant's option, to cure such default or perform such covenant or obligation on the part of Landlord, and Landlord shall be liable for all reasonable out-of-pocket costs and expenses so incurred by Tenant. Notwithstanding the foregoing provisions, in the event of an emergency when action is required to be taken forthwith to avoid personal injury or damage to the Premises or to Tenant's equipment and other personal property, Tenant may take curative action as contemplated under this Section even though the applicable cure period (which applies when an emergency does not exist) of the Landlord has not yet expired. Tenant shall endeavor to give Landlord such prior notice (written or oral), if any, as may be reasonable under the circumstances and shall in any event notify Landlord as soon as possible after taking curative action. If Landlord fails to reimburse Tenant for all such amounts expended within twenty (20) days after receipt of a billing therefor, or if Landlord fails to pay Tenant any other amounts due under this Lease within ten (10) days after Tenant notifies Landlord that such sums are past due, Tenant may deduct such amounts, together with interest thereon at the Applicable Rate from the date of Landlord's receipt of the above billing, from one or more installments of Rent due to Landlord until Tenant is fully reimbursed. Tenant agrees that its right of self-help shall be carefully and judiciously exercised, it being understood and agreed that, whenever possible, Landlord shall be given sufficient opportunity to perform its obligations, in order to avoid any conflict with respect to whether or not self-help action should have been taken. Te...
Landlords Default Tenants Remedies. Upon the occurrence of any failure by Landlord to observe or perform any term, covenant or condition of this Lease to be observed or performed by Landlord, if such failure shall continue for thirty (3 0) days after receipt of written notice thereof to Landlord, Landlord shall be in default under this Lease; provided, however, that if the nature of the default is such that the same cannot be reasonably cured within said thirty (30) day period, Landlord shall not be in default hereunder if Landlord shall within such period commence such cure and shall thereafter diligently prosecute the same to completion; provided that, if longer than ninety (90) days, Landlord shall notify Tenant of the reasons for such extended time period and ofthc projected completion date. 19.7
Landlords Default Tenants Remedies. 11.01 Landlord's Default ------------------ The failure by Landlord to observe or perform any of the material covenants or obligations under this Lease to be observed or performed by Landlord where such failure shall continue for a period of thirty (30) days after written notice thereof from Tenant to Landlord shall constitute a default of this Lease by Landlord; provided, however, that if the nature of such failure is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be in default if Landlord shall commence such cure within said 30-day period and thereafter diligently prosecutes such cure to completion.
Landlords Default Tenants Remedies. If, during the Term, Landlord defaults in fulfilling any of its covenants, obligations or agreements set forth in this Lease, Tenant may give Landlord written notice of such default and, if at the expiration of 30 days after delivery of such notice, such default continues to exist, or in the event of a default which cannot with due diligence be cured within a period of 30 days, if Landlord fails to proceed promptly after the delivery of such notice and with all due diligence to commence to cure the same and thereafter to prosecute the curing of such default with all due diligence to completion as soon as reasonably possible, then Tenant will be entitled to exercise any right or remedy available to Tenant at Law or in equity by reason of such default (subject to Section 18.4), except to the extent expressly waived or limited by the terms of this Lease. Tenant shall look solely to Landlord’s interest in the Premises (including all rents and profits, any proceeds from the sale thereof and all insurance proceeds and condemnation awards relating thereto) for the recovery of any judgment against Landlord on account of Landlord’s breach of any of Landlord’s covenants or obligations under this Lease. Unless specifically provided for hereunder, Tenant shall not be permitted to any abatement of Rent in the event of a default by Landlord hereunder.
Landlords Default Tenants Remedies. Subject to cure by Tenant under Section 11.3, the failure of Landlord to perform any term, condition, covenant, or obligation of this Lease on the part of Landlord to be performed within thirty (30) days after the date on which Landlord receives from Tenant notice specifically describing such failure shall constitute a default of this Lease by Landlord (a "Landlord Default"); provided, however, that if Landlord shall exercise in good faith diligent efforts within such thirty (30) day period to cure the failure specified in the notice but shall not be able to do so because of a cause or causes beyond the control of Landlord, then any such failure shall not be considered a Landlord Default so long as Landlord shall continue to exercise in good faith such diligent efforts to cure such failure and shall do so within a reasonable period of time.
Landlords Default Tenants Remedies. If the Landlord shall default in the performance of any of its obligations hereunder, and has not cured same within thirty (30) days after written notice from the Tenant, or within a reasonable time if more than thirty (30) days is required to effect a cure, the Tenant may, subject to the rights of any mortgagee as provided in Paragraph 21 hereof, exercise self-help to cure said default, and provided the Landlord is not in good faith contesting said default, withhold the cost of effecting said cure from Basic Rent.
Landlords Default Tenants Remedies. In the event of any failure by Landlord to perform any maintenance obligation of Landlord set forth in Section 5.2 of this Lease (a “Landlord Default”) within thirty (30) days after the date on which Landlord receives from Tenant written notice specifically describing such failure, Tenant may cure such default by Landlord on behalf of, and at the sole cost and expense of, Landlord. Landlord shall reimburse Tenant for its reasonable, documented, out-of-pocket costs and expenses in connection therewith within thirty (30) days after Tenant’s delivery to Landlord of an invoice therefor, failing which Tenant may offset such costs and expenses against any Rent and other amounts payable by Tenant hereunder. The foregoing notwithstanding, if Landlord shall exercise in good faith diligent efforts within such thirty (30) day period to attempt to cure the failure specified in the notice but shall not be able to do so because of Force Majeure Delays, then any such failure shall not be considered a default of this Lease by Landlord so long as Landlord shall continue to exercise in good faith such diligent efforts to cure such failure and shall do so within a reasonable period of time, not to exceed ninety (90) days.
Landlords Default Tenants Remedies. If Landlord shall fail to perform any provision of this Lease or breach any covenant contained on the part of Landlord, Tenant shall give Landlord written notice thereof, and Landlord shall have thirty (30) days after receipt of Tenant's notice to remedy the failure or breach, unless the failure or breach is of such a nature that it may not be cured within thirty (30) days in which event, Landlord shall commence to cure the failure or breach within said thirty (30) day period and diligently pursue the cure to completion. If Landlord fails to cure its default within said thirty (30) day period, or commence the cure and diligently complete same as applicable, Tenant shall be entitled to remedy Landlord's default and deduct the reasonable cost of doing so from the next payment of Rents then coming due under the Lease. If the default is of such a nature that it may not be remedied by Tenaxx, Xxnant shall be entitled to seek equitable relief in order to compel Landlord's cure of the default. In such event, Tenant shall be entitled to recover its reasonable attorneys' fees and costs in seeking such equitable remedy.
Landlords Default Tenants Remedies. (a) After notice to -------------------------------------- Landlord of a default in furnishing or paying for any utilities, services or facilities to be furnished Tenant hereunder and failure or Landlord to cure such default within a reasonable time specified by Tenant in the notice, Tenant may cure such default and invoice Landlord therefore and Landlord shall reimburse Tenant within thirty (30) days after receipt of the invoice.
Landlords Default Tenants Remedies
