Common use of Breach by Lessor Clause in Contracts

Breach by Lessor. (a) 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 pursuant to this Lease. For purposes of this Paragraph 35, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holder of any mortgage or deed of trust covering the Property whose name and address have been furnished to 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 said period of thirty (30) days and thereafter is diligently pursued to completion.

Appears in 2 contracts

Samples: Lease (Aerohive Networks, Inc), Lease (Aerohive Networks, Inc)

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Breach by Lessor. (a) 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 pursuant to this Lease. For purposes of this Paragraph 3530, a reasonable time shall in no event be less than then thirty (30) days after receipt by Lessor, and by the holder holders of any mortgage or deed of trust covering the Property Premises whose name and address have been furnished to Lessee in writing for such purposepurposes, 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 said period of such thirty (30) days day period and thereafter is diligently pursued to completion.

Appears in 2 contracts

Samples: Lease (Rocket Fuel Inc.), Lease (Lumenis LTD)

Breach by Lessor. (a) Lessor shall not be deemed in breach of this Lease unless Lessor fails falls within a reasonable time to perform an obligation required to be performed by Lessor pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holder holders of any ground lease, mortgage or deed of trust covering the Property Premises whose name and address shall have been furnished to Lessee in writing for such purpose, of 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 said period of such thirty (30) days day period and thereafter is diligently pursued to completion.

Appears in 2 contracts

Samples: American Custom Components Inc, Telenetics Corp

Breach by Lessor. (a) Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time after receipt of written notice from Lessee to perform an obligation required to be performed by Lessor pursuant to this Lease. For purposes of this Paragraph 3531, a reasonable time shall in no event (other than an emergency) be less than thirty (30) days after receipt by Lessor, and by the holder holders of any mortgage or deed of trust covering the Property whose name and address have been furnished to Lessee in writing for such purposepurposes, 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 receipt of such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced within said period of such thirty (30) days day period and thereafter is diligently pursued to completion.

Appears in 2 contracts

Samples: Lease (SITIME Corp), Lease (SITIME Corp)

Breach by Lessor. (a) 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 pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holder holders of any ground lease, mortgage or deed of trust covering the Property Premises whose name and address shall have been furnished to 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 said period of such thirty (30) days day period and thereafter is diligently pursued to completion. Lessee may make needed repairs in an emergency situation and will make a best effort to notify Lessor prior to commencing any work, and will notify Lessor in writing as soon as reasonably possible thereafter.

Appears in 1 contract

Samples: Burke Industries Inc /Ca/

Breach by Lessor. (a) Lessor shall not be deemed in In breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less than thirty (30) days after alter receipt by Lessor, and by the holder holders of any ground lease, mortgage or deed of trust covering the Property Promises whose name and address shall have been furnished to Lessee in 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 Is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor shall not be in In breach of this Lease if it performance is Is commenced within said period of such thirty (30) days day period and thereafter is diligently pursued to completion.

Appears in 1 contract

Samples: American Fire Retardant Corp

Breach by Lessor. (a) 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 pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less then perform an obligation required to be performed by Lessor. For purposes of this paragraph 13.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holder of any mortgage or deed of trust covering the Property Lender(s) whose name names and address shall have been furnished to Lessee in writing for such purpose, of or written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s 's INDUSTRIAL/COMMERCIAL MULTI-TENANT LEASE--GROSS 11 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 said period of such thirty (30) days day period and thereafter is diligently pursued to completion.

Appears in 1 contract

Samples: Ciphergen Biosystems Inc

Breach by Lessor. (a) 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 pursuant to this LeaseLessor. For purposes of this Paragraph 35Section 12.2, a reasonable time shall in no event be less than thirty (30) [***] days after receipt by Lessor, and by the holder of any mortgage or deed of trust covering the Property whose name and address have been furnished to Lessee in writing for such purpose, Lessor of written notice specifying wherein such the obligation of Lessor that 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 said such [***] day period of thirty (30) days and thereafter is diligently pursued to completion.. [***] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. PROPRIETARY AND CONFIDENTIAL

Appears in 1 contract

Samples: Lease Agreement (Internap Corp)

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Breach by Lessor. (a) Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required ["required" - word not readable due to hole punched in page] to be performed by Lessor pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holder holders of any ground lease, mortgage or deed of trust covering the Property Premises whose name and address shall have been furnished to 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 said period of such thirty (30) days day period and thereafter is diligently pursued to completion.

Appears in 1 contract

Samples: Aetrium Inc

Breach by Lessor. (a) 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 pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holder holders of any ground lease, mortgage or deed of trust covering the Property Premises whose name and address shall have been furnished to 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 said period of such thirty (30) days day period and thereafter is diligently pursued to completion, and further provided that such period shall be shortened to the extent reasonably required in the event of a bona fide emergency which, if not addressed more quickly, may result in material injury or damage to persons or property.

Appears in 1 contract

Samples: Single Tenant Lease (Orthologic Corp)

Breach by Lessor. (a) 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 Performed by Lessor pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less than ten days or more than thirty (30) days after receipt by Lessor, and by the holder holders of any ground lease, mortgage or deed of trust covering the Property Premises whose name and address shall have been furnished to 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 . Then Lessor shall not be in breach of this Lease lease if performance is commenced within said period of such thirty (30) days day period and thereafter is diligently pursued to completion.

Appears in 1 contract

Samples: William Lyon Homes

Breach by Lessor. (a) 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 pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holder holders of any ground lease, mortgage or deed of trust covering the Property Premises whose name and address shall have been furnished to 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 h breach of this Lease if performance is commenced within said period of such thirty (30) days day period and thereafter is diligently pursued to completion.. Initials _____

Appears in 1 contract

Samples: Paramark Enterprises Inc

Breach by Lessor. (a) Lessor shall not be deemed in breach of this Lease unless Lessor fails falls within a reasonable time to perform an obligation required to be performed by Lessor pursuant to this LeaseLessor. For purposes of this Paragraph 3513.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holder holders of any ground lease, mortgage or deed of trust covering the Property Premises whose name and address shall have been furnished to Lessee in writing for such purpose, of 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 said period of such thirty (30) days day period and thereafter is diligently pursued to completion.completion Initials /s/ /s/

Appears in 1 contract

Samples: American Custom Components Inc

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