Common use of Default by Landlord Clause in Contracts

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing, if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default, and Tenant's remedies shall be limited to an award of monetary damages.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant Premises, specifying the manner in writing. The notice shall specify wherein which Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for performanceperformance as determined by Landlord, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant ; provided further agrees not that Landlord’s obligation to invoke perform any of its remedies act under this Lease until said thirty (30) days have elapsed, except as otherwise provided hereinshall be excused for any period of time during which Landlord is prevented from performing because of any circumstance beyond Landlord’s control. In Tenant’s remedies upon Landlord’s default are further limited by Section 18.3 and 25.2 below and in no event shall Tenant have the right be entitled to terminate this Lease or recover consequential damages as a result of any default by Landlord's breach or default, and Tenant's remedies shall be limited to an award of monetary damages.

Default by Landlord. Landlord shall not be in breach or default under this Lease hereunder unless Landlord fails to perform obligations any obligation required of Landlord within a reasonable time, but in no event shall such time be less than thirty ten (3010) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant Premises, specifying the manner in writing. The notice shall specify wherein which Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided however, that if the nature of Landlord's ’s obligation is such that more than thirty ten (3010) days are required for performanceperformance as determined by Landlord, then Landlord shall not be in breach or default if Landlord commences performance within such thirty ten (3010) day period and thereafter diligently prosecutes the same to completion. Tenant ; and provided further agrees not that Landlord’s obligation to invoke perform any of its remedies act under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default, and Tenant's remedies shall be excused for any period of time during which Landlord is prevented from performing because of any circumstance beyond Landlord’s reasonable control. Subject to the provisions of this Lease, Tenant shall have any legal and equitable right and remedy under applicable law should Landlord be in default hereunder; provided that Tenant’s remedies upon Landlord’s default are further limited to an award of monetary damagesas set forth in Sections 16 and 22.3 below.

Default by Landlord. Landlord shall not be in breach or default under this Lease Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations required hereunder and said failure continues for a period of Landlord within a reasonable time, but in no event shall such time be less than thirty (30) days after Tenant gives Landlord written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify wherein Landlord has failed to perform such obligation. Notwithstanding the foregoingthereof specifying, if with reasonable particularity, the nature of Landlord's obligation is such that more than failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord's Mortgagee commences to cure the failure within the thirty (30) days are required for performance, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter pursues the curing of same diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate levy execution against any property of Landlord or its agents, officers, directors, shareholders, partners or principals, other than their interest in the Premises, in the event of any default by Landlord under this Lease as a result Lease. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord's breach or default, and Tenant's remedies shall be limited to an award of monetary damagesobligations hereunder.

Default by Landlord. Landlord shall not be in breach or default under this Lease hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event shall such time be less more than thirty (30) 30 days after written notice by Tenant to Landlord and and, following Landlord's failure to act within such 30 day period, to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify , specifying wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) 30 days are required for performance, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) -day period and thereafter diligently prosecutes the same to completion. Tenant further agrees In the case of a default by Landlord, prior to Tenant's exercise of any remedy, the holder of any first mortgage or deed of trust encumbering the Center, or any ground lessor of the Center, shall have the right, but not the obligation, to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided hereincure such a default. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default, and Tenant's remedies shall be limited to an award of action at law for monetary damages. Nothing herein contained shall be interpreted to mean that Tenant is excused from paying rent due hereunder as a result of any default by Landlord.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant Premises, specifying the manner in writing. The notice shall specify wherein which Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performanceperformance as determined by Landlord, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently and continuously prosecutes the same to completion. Upon any such uncured default by Landlord and any mortgagee which received notice of such default, Tenant further agrees not to invoke may exercise any of its remedies rights provided in law or at equity; provided, however: (a) Tenant shall have no right to offset or xxxxx rent in the event of any default by Landlord under this Lease until said thirty (30) days have elapsedLease, except as otherwise to the extent offset rights are specifically provided herein. In no event shall to Tenant have the right to terminate in this Lease as a result of Landlord's breach or default, and Lease; (b) Tenant's rights and remedies hereunder shall be limited to an award the extent (i) Tenant has expressly waived in this Lease any of monetary such rights or remedies and/or (ii) this Lease otherwise expressly limits Tenant's rights or remedies; and (c) Landlord will not be liable for any consequential damages. Tenant's remedies upon Landlord's default are further limited by Section 18.3 and 25.2 below.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify , specifying wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes pursues the same to completion. If Landlord fails to cure any such default within the time periods set forth above, Tenant’s sole remedies will be to commence an action against Landlord (i) seeking specific performance of the obligation or obligations hereunder with respect to which Landlord is in default if Tenant further agrees does not have an adequate remedy at law, or (ii) seeking recovery of actual damages (but excluding any punitive and consequential damages) incurred by Tenant as the direct result of Landlord’s default. Tenant will not be entitled to invoke any right of its remedies under this Lease until said thirty (30) days have elapseddeduction, except as otherwise provided herein. In no event shall Tenant have the offset, self-help or any right to terminate this Lease as a result of any uncured default hereunder by Landlord's breach or default, and Tenant's remedies shall be limited to an award of monetary damages.

Default by Landlord. Landlord shall not be deemed in breach or default under of this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable timetime and with due diligence to proceed promptly to perform an obligation required to be performed by Landlord. For purposes of this Section 14.5, but a reasonable time shall in no event shall such time be less than thirty (30) * days after written notice receipt by Tenant to Landlord Landlord, and to the holder of by any mortgage or deed of trust covering the Leased Premises Lender(s) whose name and address shall have theretofore been furnished to Tenant in writing. The writing for such purpose, of written notice shall specify specifying wherein such obligation of Landlord has failed to perform such obligation. Notwithstanding the foregoingnot been performed; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) * days after such notice are reasonably required for its performance, then Landlord shall not be in breach or default of this Lease if Landlord commences performance is commenced within such thirty (30) * day period and thereafter diligently prosecutes the same pursued to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no the event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default, and Tenantafter expiration of Landlord's remedies shall right to cure such default, Tenant will be entitled to exercise any right or remedy available to Tenant at law or in equity by reason of such default, except to the extent expressly waived or limited by the terms of this Lease and provided that Tenant gave Landlord written notice of the obligation required to an award of monetary damagesbe performed by Landlord under the Lease.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event shall such time be less than thirty Thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed all mortgages and deeds of trust covering the Leased Premises whose name names and address addresses shall have theretofore been furnished to Tenant in writing. The notice shall specify wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided, however, if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease and which Tenant otherwise may have until said such thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default’s default and, and subject to Section 30, Tenant's ’s remedies shall be limited to an award of monetary damages.

Default by Landlord. Landlord shall not be in breach or default under this Lease hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event shall such time be less later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant Premises, or the lessor of any underlying or ground lease affecting the Project, in writing. The notice shall specify writing specifying wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) forty-five (45) days are is required for performance, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default, and except if provided under Tenant's remedies remedies, which shall be limited to an award any other remedy available at law or in equity. Nothing herein contained shall be interpreted to mean that Tenant is excused from paying rent due hereunder as a result of monetary damagesany default by Landlord.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event shall such time be less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed all mortgages and deeds of trust covering the Leased Premises whose name names and address addresses shall have theretofore been furnished to Tenant in writing. The notice shall specify wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided, however, if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease and which Tenant otherwise may have until said such thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or defaultdefault and, and subject to Section 30, Tenant's remedies shall be limited to an award of monetary damages.

Default by Landlord. Landlord Tenant shall not be in breach or default under entitled to terminate this Lease unless and/or seek remedies as allowed by applicable law if Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less later than thirty five (305) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify wherein Landlord has failed Landlord, specifying Landlord's failure to perform such obligation. Notwithstanding the foregoing; provided, however, that if the nature of Landlord's obligation obligations is such that more than thirty five (305) days are required for performance, then Landlord Tenant shall not be in breach or default entitled to terminate this Lease, and shall instead be entitled to seek remedies otherwise allowed by applicable law if Landlord commences performance within such thirty five (305) day period and thereafter diligently prosecutes its efforts to satisfy such obligation and does, in fact, satisfy such obligation. If the same nature of Landlord's obligation materially interferes with Tenant's use of the Premises, the rent and other expenses due hereunder shall be equitably abated following Tenant's notice of the obligation to completionLandlord. Any notice to Landlord by Tenant further agrees not to invoke any of its remedies Landlord's default under this Lease until said thirty shall also be concurrently provided, by registered or certified mail, to any holder of a mortgage or similar security interest covering the Premises, whose address shall have been furnished to Tenant (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default, and Tenant's remedies shall be limited to an award of monetary damages"Mortgagee Notice").

Default by Landlord. (a) Landlord shall not be in breach or default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify , specifying wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Subject to Tenant's rights under paragraph 9.4, which shall be unaffected by the terms of this paragraph 14.3, Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right as its sole and exclusive remedy to terminate seek specific performance of this Lease and sue xxx any direct out-of-pocket expenses it incurs as a result of Landlord's breach material default in the event Landlord and the holder of any first mortgage or default, and Tenant's remedies shall be limited deed of trust covering the Premises fail to an award cure within the grace periods allotted hereunder a material default of monetary damagesLandlord under this Lease.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless If Landlord fails to perform or observe any of its Lease obligations required of Landlord within a reasonable time, but in no event shall and such time be less failure continues for more than thirty (30) days after Tenant has delivered written notice by Tenant thereof ("TENANT'S DEFAULT NOTICE") to Landlord and to Landlord's Mortgagee, such failure shall constitute a default under this Lease unless Landlord disputes the holder of any mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished claimed default in good faith by written notice to Tenant in writing. The notice shall specify wherein Landlord has failed to perform within such obligation. Notwithstanding the foregoing30-day period; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in breach or default (nor shall the same constitute a constructive eviction) if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant's Default Notice shall identify the Lease provisions containing the Landlord's obligations that are the subject of Tenant's complaint and specify in reasonable detail the nature and extent of Landlord's failure with respect thereto. If Landlord or Landlord's Mortgagee fails to cure any default within the applicable grace period, Tenant further agrees not to invoke may pursue any of its remedies under given in this Lease until said thirty (30) days have elapsedor under the law, except as otherwise provided herein. In no event but Tenant shall Tenant have the right not be entitled to terminate this Lease as a result of Landlord's breach or default, and Tenant's remedies shall be limited to an award of monetary damageswithhold or abatx xxx Rent or other charges due hereunder.

Default by Landlord. Landlord shall not be deemed to be in breach or default under this Lease of the performance of any obligation required to be performed by it hereunder unless Landlord fails and until it has failed to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify wherein specifying therein that Landlord has failed to perform such obligation. Notwithstanding the foregoingits obligations; provided, however, that if the nature of Landlord's obligation is obligations are such that more than thirty (30) days are required for performance, then Landlord shall not be deemed to be in breach or default if Landlord commences shall commence performance within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to until completion. Tenant further agrees not to invoke In the event Landlord defaults in the performance of any of its remedies obligations under this Amended Lease until said thirty (30) days have elapsedand remains in default beyond any cure period provided hereunder, except as otherwise provided herein. In no event then in addition to the other remedies herein granted to Tenant, Tenant may, but shall Tenant have the right to terminate not be obligated to, and without waiving or releasing Landlord from any obligations of this Lease as a result of Amended Lease, make any reasonable payment and perform any other reasonable acts on Landlord's breach part to be made or default, performed. All reasonable sums paid by Tenant and all reasonably necessary costs incident thereto may be offset by Tenant against Tenant's remedies shall be limited obligations to an award of monetary damagespay Base Rent and other charges under this Amended Lease.

Default by Landlord. Landlord shall not be in breach or default under this Lease hereunder unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less (i.e. not later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore heretofore been furnished to Tenant in writing. The notice shall specify , specifying wherein Landlord has failed to perform such obligation. Notwithstanding the foregoingobligations); provided, however, that if the nature of Landlord's obligation ’s obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Should Landlord fail to perform said obligations as above provided, then the sole remedy of Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default, and Tenant's remedies shall be limited to an award the performance of monetary damagessuch obligations by Tenant with right of reimbursement from Landlord for the reasonable value of performing the same, not exceeding the sum actually expended by Tenant.

Default by Landlord. Unless otherwise provided in this Lease, Landlord shall not be in breach or default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any mortgage or deed of trust covering the Leased Premises and/or Building and/or Land whose name and address shall have theretofore been furnished to Tenant in writingwriting in accordance with this Lease. The Said notice shall specify wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days any such mortgagees and/or deed of trust holders have elapsedbeen provided an opportunity to cure as set forth in this Lease. If default cannot be cured within the time periods provided for within this paragraph, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach or default, and Tenant's remedies shall be limited entitled to an award of monetary damagespursue any and all remedies available to Tenant under this Lease, at law, or in equity.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails has received notice from Tenant specifying the obligation that Landlord has failed to perform, and Landlord has failed to perform obligations such obligation required of Landlord within a reasonable time, but in no event shall such time be less later than thirty (30) days after written Tenant gives such notice by Tenant to Landlord and to the holder of any mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify wherein Landlord has failed to perform such obligation. Notwithstanding the foregoingLandlord’s Mortgagee; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are is required for performance, then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period days after receiving such notice and thereafter diligently prosecutes the same to completion. ; and provided further that Tenant further agrees not shall offer to invoke any Landlord’s Mortgagee a reasonable opportunity to cure the default (including time to obtain possession of its remedies under the Premises, subject to this Lease until said thirty (30and Tenant’s rights hereunder, by power of sale or judicial foreclosure, if such should prove necessary to effect a cure) days have elapsed, except as otherwise provided hereinprior to bringing any action to terminate this Lease. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's breach Landlord be responsible for punitive, special, incidental, or default, and Tenant's remedies shall be limited to an award of monetary consequential damages.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails in the performance of any obligation by it hereunder until it has failed to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less than thirty obligation for seven (307) days after written notice by Tenant provided it is physically possible to Landlord commence and to the holder of any mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify complete such repairs specifying wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) 300 days are required for its performance, then Landlord shall not be in breach or default if Landlord it commences such performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not If the Premises or any part thereof are at any time subject to invoke any a first mortgage or a first deed of its remedies under trust and this Lease until said thirty or the rent due from Tenant hereunder are assigned to such mortgagee, trustee or beneficiary (30called "Assignee" for purposes of this Article only) days have elapsedand Tenant is given written notice thereof, except as otherwise provided hereinincluding the post office. In no Address of such Assignee, then in the event Landlord shall be in default hereunder, Tenant have shall give written notice to such Assignee, specifying the right default in reasonable detail, and affording such Assignee a reasonable opportunity to terminate this Lease as a result make performance for and on behalf of Landlord's breach or default. If and when the said Assignee has made performance on behalf of Landlord, and Tenant's remedies such default shall be limited to an award of monetary damagesdeemed cured.

Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event shall such time be less later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing. The notice shall specify , specifying wherein Landlord has failed to perform such obligation. Notwithstanding the foregoing; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. If Landlord is in default beyond the cure period specified herein, Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to to: 1) terminate this Lease as a result upon written notice to Landlord; or 2) perform Landlord’s obligations and either charge Landlord for the reasonable costs of Landlord's breach performance or default, and Tenant's remedies shall be limited to an award of monetary damages.offset such costs against any rents due. INDUSTRIAL LEASE - 9 Landlord - initial _____ Landlord - Printed initial _____ Tenant - initial _____ Tenant - Printed initial _____