Common use of Breach by Landlord Clause in Contracts

Breach by Landlord. It shall be a breach of this Lease if Landlord shall fail to observe or perform any material term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of thirty (30) days after notice thereof from Tenant, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Landlord, within said thirty (30)-day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Landlord shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In no event shall any breach by Landlord permit Tenant to terminate this Lease or permit Tenant to offset any Rent due and owing hereunder or otherwise excuse Tenant from any of its obligations hereunder.

Appears in 13 contracts

Samples: Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc)

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Breach by Landlord. It shall be a breach of this Lease if Landlord shall fail to observe or perform any material term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of thirty (30) days after notice thereof from Tenant, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Landlord, within said thirty (30)-day 30) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Landlord shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In no event shall any breach by Landlord permit Tenant to terminate this Lease or permit Tenant to offset any Rent due and owing hereunder or otherwise excuse Tenant from any of its obligations hereunder.

Appears in 2 contracts

Samples: Lease (Golf Trust of America Inc), Lease (Golf Trust of America Inc)

Breach by Landlord. It shall be a breach of this Lease if Landlord shall fail to observe or perform any material term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of thirty (30) days after notice thereof from Tenant, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Landlord, within said thirty (30)-day 30) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Landlord shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In no event Notwithstanding the foregoing, the cure period for Landlord to deliver an Officer's Certificate under Section 25.1(b) shall any breach by be ten (10) days after Tenant's notice to Landlord permit Tenant of Landlord's failure to terminate this Lease or permit Tenant to offset any Rent due and owing hereunder or otherwise excuse Tenant from any of its obligations hereunderdeliver timely the previously requested Officer's Certificate.

Appears in 1 contract

Samples: Lease Agreement (Presidio Golf Trust)

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Breach by Landlord. It shall be a breach of this Lease if Landlord shall fail to observe or perform any material term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of thirty (30) days after notice thereof from Tenant, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Landlord, within said thirty (30)-day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Landlord shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In no event shall any breach by Landlord permit Tenant to terminate this Lease or subject to Section 28.20, permit Tenant to offset any Rent due and owing hereunder or otherwise excuse Tenant from any of its obligations hereunder.

Appears in 1 contract

Samples: Lease (Golf Trust of America Inc)

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