Common use of Breach by Lessor Clause in Contracts

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph 13.3, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holders of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been famished Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed: provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor 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 Lessor fails to take action to correct the breach within thirty (30) days, then Lessee shall have the option to terminate 9 the lease or correct the breach at Landlord's expense. The expiration or termination of this Lease by Lessee shall not relieve Lessor from liability under any indemnity provision of this Lease as to matters occurring or occurring during the term hereof.

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless (a) Lessor fails within a reasonable time to perform an any material obligation required to be performed by LessorLessor or (b) Lessor unequivocally repudiates its obligation to enter into an Interim Direct Lease under circumstances where Lessor is obligated to do so (a “Lessor Default”). For purposes of this Paragraph 13.313.6, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holders of any ground lease, mortgage or deed of trust covering the Premises Lender whose name and address shall have been famished furnished Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed: ; provided, however, that if the nature of Lessor's ’s obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor 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 Unless and until Lessor fails shall have so failed to take so cure any such material failure after such notice, Lessee shall not have any remedy or cause of action by reason thereof. Subject to correct the breach within thirty remaining provisions of this Lease, following (30i) daysany failure by Lessor to cure any such material failure in accordance with this Paragraph 13.6 or (ii) any an unequivocal repudiation by Lessor of its obligation to enter into an Interim Direct Lease under circumstances where Lessor is obligated to do so, then Lessee, at its option, without further notice or demand, shall have the right to pursue any remedy (A) expressly available under this Lease for such Lessor Default or (B) available under Law for such Lessor Default provided, however, that except as may be expressly permitted under Paragraphs 11.2 and 32 of this Lease, Lessee shall have the option no right to terminate 9 the lease (or correct the breach at Landlord's expense. The expiration or termination of this Lease by Lessee shall not relieve Lessor from liability under any indemnity provision of to seek to terminate) this Lease as to matters occurring or occurring during the term hereofa result of any Lessor Default.

Breach by Lessor. Lessor (a) It shall not be deemed in a breach of this Lease unless if Lessor 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 Lessor. For purposes and such failure continues for a period of this Paragraph 13.3, a reasonable time shall in no event be less than thirty (30) days after receipt by LessorNotice thereof from Lessee, 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 famished Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed: provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor 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 Lessor fails to take action to correct the breach within thirty (30) days, then in which case such failure shall not be deemed a breach if Lessor proceeds within such 30-day period, with due diligence, to cure the failure and thereafter diligently completes the curing thereof within one hundred eighty (180) days after such Notice, or such longer period as is required to complete any Capital Improvements necessary to effect such cure. The time within which Lessor shall be obligated to cure any such failure also shall be subject to extension of time due to the occurrence of any Unavoidable Delay. If Lessor does not cure any such failure within the applicable time period as aforesaid, Lessee may declare the existence of a "Lessor Default" by a second Notice to Lessor. Thereafter, Lessee may forthwith cure the same in accordance with the provisions of Section 34.2, subject to the provisions of the following paragraph and exercise any other rights and remedies that Lessee may have as a result of such breach; provided, however, Lessee shall have the option no right to terminate 9 the lease or correct the breach at Landlord's expense. The expiration or termination of this Lease by Lessee shall not relieve for any Lessor from liability under Default and no right, for any indemnity provision of this Lease such Lessor Default, to offset or counterclaim against any Rent or other charges due hereunder except as to matters occurring or occurring during the term hereofexpressly provided herein.

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph 13.3PARAGRAPH, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holders of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been famished Lessee in writing for such purpose, of written notice specifying wherein such obligation of to Lessor has not been performed: from Lessee; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor 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 In the event of any act or omission by Lessor fails to take action to correct which would give Lessee the breach within thirty (30) days, then Lessee shall have the option right to terminate 9 the lease or correct the breach at Landlord's expense. The expiration or termination of this Lease by or to claim a partial or total eviction, Lessee shall not relieve exercise any such right (a) until it shall have given written notice of such act or omission to the holder of any mortgage, deed of trust or other security instrument encumbering the Industrial Center, or any interest therein, as herein provided, but only to the extent Lessor from liability under any indemnity provision has given Lessee the name and notice address of this Lease as the holder and (b) until a reasonable period of time for remedying such act or omission shall have elapsed following the giving of such notice, provided that following the giving of such notice, Lessor or said holder shall, with reasonable due diligence, have commenced and continued to matters occurring remedy such act or occurring during the term hereofomission or to cause same to be remedied.

Breach by Lessor. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph 13.3, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holders of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been famished Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed: provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor 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 Lessor fails to take action to correct the breach within thirty (30) days, then Lessee shall have the option to terminate 9 the lease or correct the breach at Landlord's expense. The expiration or termination of this Lease by Lessee shall not relieve Lessor from liability under any indemnity provision of this Lease as to matters occurring or occurring during the term hereof.