Common use of Breach by Landlord Clause in Contracts

Breach by Landlord. Landlord shall not be deemed in breach of this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this paragraph 13.5 [ILLEGIBLE] Paragraph 5.7 of the First Addendum a reasonable time shall in no event be less than thirty (30) days after receipt by Landlord, and by the holders of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been furnished Tenant in writing for such purpose, of written notice specifying wherein such obligation of Landlord has not 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 of this Lease if performance is commenced within such thirty (30)-day period and thereafter diligently pursued to completion. If Tenant obtains a money judgment against Landlord resulting from any breach or other claim arising under this Lease, that judgment shall be satisfied only out of Landlord's right, title and interest in the Premises and out of rent or other income from the Premises receivable by Landlord. No other real, personal or mixed property of Landlord, wherever situated, shall be subject to levy to satisfy such judgment. Neither Landlord nor any of its trustees, directors or officers, employees or agents shall ever be personally liable for any such judgment. Tenant shall not have the right to withhold, reduce or offset any amount against any payments of rent or any other charges due and payable under this Lease by reason of a breach of this Lease by Landlord.

Breach by Landlord. Landlord It shall not be deemed in a breach of this Lease unless if Landlord fails within a reasonable time to observe or perform an obligation required any term, covenant or condition of this Lease on its part to be performed by Landlord. For purposes and such failure continues for a period of this paragraph 13.5 [ILLEGIBLE] Paragraph 5.7 of the First Addendum a reasonable time shall in no event be less than thirty (30) days after receipt by LandlordNotice thereof from Tenant, and by the holders unless such failure cannot with due diligence be cured within a period of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been furnished Tenant in writing for such purpose, of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days after days, in which case such notice are reasonably required for its performance, then Landlord failure shall not be in Breach of this Lease deemed to continue if performance is commenced Landlord, within such thirty (30)-day period 30) day period, proceeds promptly and thereafter with due diligence to cure the failure and diligently pursued to completioncompletes the curing thereof. If Tenant obtains a money judgment against The time within which Landlord resulting from any breach or other claim arising under this Lease, that judgment shall be satisfied only out of Landlord's right, title and interest in the Premises and out of rent or other income from the Premises receivable by Landlord. No other real, personal or mixed property of Landlord, wherever situated, obligated to cure any such failure also shall be subject to levy extension of time due to satisfy such judgmentthe occurrence of any Unavoidable Delay. Neither If Landlord nor any of its trustees, directors or officers, employees or agents shall ever be personally liable for fails to cure any such judgment. breach within the grace period described above, Tenant, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Tenant shall not have at law or in equity, may purchase the Leased Property from Landlord for a purchase price equal to the then Fair Market Value; provided however, that such right to withholdpurchase the Leased Property shall terminate upon any foreclosure under any Encumbrance, reduce or offset provided that Tenant may appear by its representative to bid at any amount against sale in foreclosure made with respect to any payments Encumbrance and provided further that such right to purchase the Leased Property is subject in all cases to the rights of rent or any other charges due and payable lender of the Landlord under this Lease by reason any mortgage encumbering the Leased Property notwithstanding any non-disturbance agreement executed in connection with such mortgage. If Tenant elects to purchase the Leased Property it shall deliver a Notice thereof to Landlord specifying a settlement date to occur not less than ninety (90) days subsequent to the date of a breach of this Lease by Landlordsuch Notice on which it shall purchase the Leased Property.

Breach by Landlord. Landlord shall not be deemed in breach of this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this paragraph 13.5 [ILLEGIBLE] Paragraph 5.7 of the First Addendum Section 10.7, a reasonable time shall in no event be less than thirty (30) days after receipt by Landlord, and by the holders of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been furnished Tenant in writing for such purpose, Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord's ’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 breach of this Lease if performance is commenced within such thirty (30)-day 30) day period and thereafter diligently pursued to completion. If Upon such failure Tenant obtains shall have the option but not the obligation to cause such repair and deduct such reasonable amount from the Base Rent. Notwithstanding anything to the contrary contained herein, in the event of an emergency situation which effects the roof or structural integrity of the Premises, Landlord shall use its best efforts to commence repair of such damage within five (5) business days of Tenant’s written notice of such event. In the event of an emergency (any event that in Tenant’s reasonable opinion poses a money judgment against potential threat to life and/or property), and/or in the event that Landlord resulting from shall fail to perform any breach or other claim arising under this Lease, that judgment shall be satisfied only out of Landlord's ’s responsibilities within the applicable cure period, then Tenant shall have the right, title but not the obligation to make the necessary and interest in appropriate repairs, or to take the Premises and out of rent or other income from the Premises receivable by Landlord. No other real, personal or mixed property appropriate action on behalf of Landlord, wherever situatedand Landlord shall promptly reimburse Tenant the full cost of such repairs or action. If Landlord shall fail to fully reimburse Tenant for such costs, shall be subject to levy to satisfy such judgment. Neither Landlord nor any of its trusteesTenant may, directors or officers, employees or agents shall ever be personally liable for any such judgment. Tenant but shall not have the right be required to withhold, reduce deduct such amounts from any amounts owing or offset any amount against any payments of rent or any other charges due and payable under this Lease by reason of a breach of this Lease by to become owing from Tenant to Landlord.

Breach by Landlord. If Landlord shall not be deemed in (a) commits a material breach of this Lease Lease, (b) fails to substantially comply with any laws that affect Tenant's health and safety, (c) willfully diminishes or interrupts essential services such as heat, running water, hot water, electricity or gas, or (d) refuses Tenant access to the Premises except pursuant to a writ of possession, Tenant may give written notice to Landlord identifying the acts and omissions constituting such breach and stating that unless Landlord fails cures the breach within twenty-one (21) days, this Lease will terminate upon a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this paragraph 13.5 [ILLEGIBLE] Paragraph 5.7 of the First Addendum a reasonable time shall in no event be specific date not less than thirty (30) days after receipt by Landlordfrom the date Landlord receives notice. If Landlord cures such breach within such 21-day period, this Lease shall not terminate. If such breach cannot be cured, or if Landlord has (a) been served with a prior written notice of such breach, (b) cured such breach, and (c) subsequently and intentionally commits a breach similar in nature to such breach, then Tenant may give written notice to Landlord specifying the acts and omissions that constitute the breach and stating that this Lease will terminate on a specific date not less than 30 days after Landlord's receipt of such notice. Conditions caused by the holders intentional or negligent acts of any ground lease, mortgage Tenant or deed of trust covering persons on the Premises whose name and address shall have been furnished Tenant in writing for such purpose, of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlordwith Tenant's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Landlord consent shall not be in Breach constitute grounds for termination of this Lease if performance is commenced within such thirty (30)-day period and thereafter diligently pursued to completion. If Tenant obtains a money judgment against Landlord resulting from any breach or other claim arising under this LeaseSection. In addition, that judgment shall Tenant may pursue all other remedies available, including mandatory injunctive relief, and may recover damages and reasonable attorney fees as may be satisfied only out of Landlord's right, title and interest in the Premises and out of rent or other income from the Premises receivable permitted by Landlord. No other real, personal or mixed property of Landlord, wherever situated, shall be subject to levy to satisfy such judgment. Neither Landlord nor any of its trustees, directors or officers, employees or agents shall ever be personally liable for any such judgment. Tenant shall not have the right to withhold, reduce or offset any amount against any payments of rent or any other charges due and payable under this Lease by reason of a breach of this Lease by Landlordlaw.

Breach by Landlord. If Landlord shall not be deemed in (a) commits a material breach of this Lease, or (b) fails to a substantial extent to comply with any laws with which Landlord must comply and which materially affect Tenant's health and safety, Tenant may give written notice to Landlord identifying the acts and omissions constituting Landlord's breach and stating that this Lease will terminate upon a specific date not less than 30 days from the date Landlord receives the notice, unless Landlord fails remedies the breach within a reasonable time to perform an obligation required to be performed by Landlord21 days. For purposes of this paragraph 13.5 [ILLEGIBLE] Paragraph 5.7 of If Landlord remedies the First Addendum a reasonable time shall in no event be less than thirty (30) days after receipt by Landlordbreach within that 21-day period, and by the holders of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been furnished Tenant in writing for such purpose, of written notice specifying wherein such obligation of Landlord has not 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 of this Lease if performance is commenced within such thirty (30)-day period and thereafter diligently pursued to completion. If Tenant obtains a money judgment against Landlord resulting from any breach or other claim arising under this Lease, that judgment shall be satisfied only out of Landlord's right, title and interest in the Premises and out of rent or other income from the Premises receivable by Landlord. No other real, personal or mixed property of Landlord, wherever situated, shall will not be subject to levy termination by Tenant in that instance. If Xxxxxxxx's breach is not remediable, or if Landlord has been served with a prior written notice which required Landlord to satisfy remedy a breach, and Xxxxxxxx did remedy such judgment. Neither breach and then intentionally commits a subsequent breach of like nature as the prior breach, then Tenant may give written notice to Landlord nor any specifying the acts and omissions constituting the breach and stating that this Lease will terminate on a specific date not less than 30 days after Xxxxxxxx's receipt of its trustees, directors or officers, employees or agents shall ever be personally liable for any such judgmentnotice. Tenant shall will not have the right to withholdterminate this Lease because of conditions caused by the intentional or negligent acts of Tenant or persons on the Premises with Xxxxxx's consent. Notwithstanding any breach by Landlord or of any of the terms of this Lease, reduce or offset any amount against any payments of rent or any other charges due claim by Tenant arising hereunder, in no event shall Landlord have any personal liability hereunder; and payable under this Lease Xxxxxx's only remedy in the event of such breach, default or claim shall be to proceed against Landlord's interest in the Leased Premises, as may be allowed by reason of a breach of this Lease by Landlordlaw.