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 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 31, a reasonable time shall in no event (other than an emergency) be less than thirty (30) days after receipt by Lessor, and by the holders of any mortgage or deed of trust covering the Property whose name and address have been furnished to Lessee in writing for such purposes, 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 such thirty (30) day period and thereafter diligently pursued to completion. (b) In the event of a breach of this Lease by Lessor, Lessee’s sole remedy shall be to institute an action against Lessor for damages or for equitable relief, but Lessee shall not have the right to rent abatement, to offset against rent, or to terminate this Lease other than as expressly set forth in this Lease.

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 3135, a reasonable time shall in no event (other than an emergency) be less than thirty (30) days after receipt by Lessor, and by the holders holder of any mortgage or deed of trust covering the Property whose name and address have been furnished to Lessee in writing for such purposespurpose, 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 such said period of thirty (30) day period days and thereafter is diligently pursued to completion. (b) In the event of a breach of this Lease by Lessor, Lessee’s sole remedy shall be to institute an action against Lessor for damages or for injunctive or equitable relief, but Lessee shall not have the right to rent abatement, to offset against rent, or to terminate this Lease other than as Lease. Lessee expressly set forth in this Leasewaives the defense of constructive eviction.

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 LeaseLessor. For purposes of this Paragraph 3113.3, a reasonable time shall in no event (other than an emergency) 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 Property Premises whose name and address shall have been furnished to famished Lessee in writing for such purposespurpose, 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 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 such thirty (30) day period and thereafter diligently pursued to completion. . If Lessor fails to take action to correct the breach within thirty (b30) In days, then Lessee shall have the event of a option to terminate the lease or correct the breach at Landlord's expense. The expiration or termination of this Lease by Lessor, Lessee’s sole remedy shall be to institute an action against Lessor for damages or for equitable relief, but Lessee shall not have the right to rent abatement, to offset against rent, or to terminate relieve Lessor from liability under any indemnity provision of this Lease other than as expressly set forth in this Leaseto matters occurring or occurring during the term hereof.

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 LeaseLessor. For purposes of this Paragraph 31PARAGRAPH, a reasonable time shall in no event (other than an emergency) be less than thirty (30) days after receipt by Lessor, and by the holders of any mortgage or deed of trust covering the Property whose name and address have been furnished notice to Lessee in writing for such purposes, of written notice specifying wherein such obligation of Lessor has not been performedfrom Lessee; provided, however, that if the nature of Lessor’s '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 such thirty (30) day period and thereafter diligently pursued to completion. (b) . In the event of a breach of this Lease any act or omission by Lessor, Lessee’s sole remedy shall be to institute an action against Lessor for damages or for equitable relief, but which would give Lessee shall not have the right to rent abatement, to offset against rent, or to terminate this Lease or to claim a partial or total eviction, Lessee shall not 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 than security instrument encumbering the Industrial Center, or any interest therein, as expressly set forth in this Leaseherein provided, but only to the extent Lessor has given Lessee the name and notice address of 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 remedy such act or omission or to cause same to be remedied.

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 LeaseLessor. For purposes of this Paragraph 3113.5, a reasonable time shall in no event (other than an emergency) 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 Property Premises whose name and address shall have been furnished to Lessee in writing for such purposespurpose, 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 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 such thirty (30) day period and thereafter diligently pursued to completion. (b) In . Nothing in Paragraph 13.5 of the event Lease shall apply to the obligation of a breach of this Lease by Lessor, Lessee’s sole remedy shall be Lessor to institute an action against Lessor for damages or for equitable relief, but Lessee complete the Tenant Improvements referred to in Addendum E to the Lease. Paragraph 13.5 shall not have apply to any covenant in the right to rent abatement, to offset against rent, or to terminate this Lease other than as expressly set forth in this Leasefor which a specific time for performance is given.

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 3130, a reasonable time shall in no event (other than an emergency) be less than then thirty (30) days after receipt by Lessor, and by the 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 purposes, 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 such thirty (30) day period and thereafter diligently pursued to completion. (b) In the event of a breach of this Lease by Lessor, Lessee’s sole remedy shall be to institute an action against Lessor for damages or for equitable relief, but Lessee shall not have the right to rent abatement, to offset against rent, or to terminate this Lease other than as Lease. Lessee expressly set forth in this Leasewaives the defense of constructive eviction.

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 3130, a reasonable time shall in no event (other than an emergency) be less than then thirty (30) days after receipt by Lessor, and by the 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 purposes, 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 such thirty (30) day period and thereafter diligently pursued to completion. (b) In the event of a breach of this Lease by Lessor, Lessee’s sole remedy shall be to institute an action against Lessor for damages or for injunctive or equitable relief, but Lessee shall not have the right to rent abatement, to offset against rent, or to terminate this Lease other than as Lease. Lessee expressly set forth in this Leasewaives the defense of constructive eviction.

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 LeaseLessor. For purposes of this Paragraph 3113.3, a reasonable time shall in no event (other than an emergency) 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 Property Premises whose name and address shall have been furnished to famished Lessee in writing for such purposespurpose, 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 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 such thirty (30) day period and thereafter diligently pursued to completion. . If Lessor fails to take action to correct the breach within thirty (b30) In days, then Lessee shall have the event of a option to terminate 9 the lease or correct the breach at Landlord's expense. The expiration or termination of this Lease by Lessor, Lessee’s sole remedy shall be to institute an action against Lessor for damages or for equitable relief, but Lessee shall not have the right to rent abatement, to offset against rent, or to terminate relieve Lessor from liability under any indemnity provision of this Lease other than as expressly set forth in this Leaseto matters occurring or occurring during the term hereof.