Common use of Default by Landlord and Remedies of Tenant Clause in Contracts

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such occurrence shall not constitute a default if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same and does so complete the required action within a reasonable time. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss resulting from the breach, and Tenant shall be entitled to terminate this Lease.

Appears in 1 contract

Samples: Lease Agreement

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Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete completes the same and does so complete the required action within a reasonable timesame. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss resulting from the breach, and but Tenant shall not be entitled to terminate withhold, set off or xxxxx any rent due hereunder (except as expressly provided in this Lease) unless otherwise ordered by a court of competent jurisdiction.

Appears in 1 contract

Samples: Lease Agreement (Quality Dining Inc)

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) day thirtyday period and thereafter diligently undertakes to complete completes the same and does so complete the required action within a reasonable timesame. Upon the occurrence of any such default, Tenant may sue xxx for injunctive relief or to recover damages for any loss resulting from the breach, and but Tenant shall not be entitled to terminate this LeaseLease or withhold or abatx xxx rent due hereunder.

Appears in 1 contract

Samples: Conference Center Lease Agreement (Cray Inc)

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, condition covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) thirty-day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete the same same, and does so complete further provided that Landlord shall not be in default if Landlord's failure to perform or observe some term, condition, covenant, or obligation under this Lease is due to causes beyond the required action within a reasonable timecontrol of Landlord. Upon the occurrence of any such default, Tenant may sue xxx for injunctive relief or to recover damages for any loss resulting from the breach, and but Tenant shall not be entitled to terminate this LeaseLease or withhold, setoff or abatx xxx rent due hereunder.

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) thirty-day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete the same and does so complete the required action within a reasonable timesame. Upon the occurrence of any such default, Tenant may xxx sue for injunctive relief or to recover damages for any loss resulting from resultinx xrom the breach, and but Tenant shall not be entitled to terminate this LeaseLease or withhold or abate any rent due hereunder.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Behringer Harvard Reit I Inc)

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) thirty-day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete the same and does so complete the required action within a reasonable timesame. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss resulting from the breach, and but Tenant shall not be entitled to terminate this Lease or withhold or xxxxx any rent due hereunder, except as otherwise provided in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Software Artistry Inc)

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) thirty-day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete the same and does so complete the required action within a reasonable timesame. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover direct damages for any loss resulting from the breach, and but Tenant shall not be entitled to recover consequential changes, terminate this LeaseLease or withhold or xxxxx any rent due hereunder.

Appears in 1 contract

Samples: Lease (First Indiana Corp)

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete completes the same and does so complete the required action within a reasonable timesame. Upon the occurrence of any such default, Tenant may sue xxx for injunctive relief or to recover damages for any loss resulting from the breach, and but Tenant shall not be entitled to terminate this LeaseLease or withhold or abatx xxx rent due hereunder.

Appears in 1 contract

Samples: Building Lease Agreement (Cray Inc)

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Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) thirty-day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete the same and does so complete the required action within a reasonable timesame. Upon the occurrence of any such default, Tenant may sue xxx for injunctive relief or to recover damages for any loss resulting from the breach, and but Tenant shall not be entitled to terminate this LeaseLease or withhold or abatx xxx rent due hereunder.

Appears in 1 contract

Samples: Office Lease (Team America Corporation)

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) thirty-day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete the same and does so complete the required action within a reasonable time, but not more than sixty (60) days after Tenant’s notice in any event. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover direct damages for any loss resulting from the breach, and but Tenant shall not be entitled to recover consequential changes, terminate this LeaseLease or withhold or xxxxx any rent due hereunder, except as otherwise provided for herein.

Appears in 1 contract

Samples: Lease (Ikaria, Inc.)

Default by Landlord and Remedies of Tenant. It shall be a default under and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) thirty-day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete the same same, and does so complete further provided that Landlord shall not be in default if Landlord's failure to perform or observe some term, condition, covenant, or obligation under this Lease is due to causes beyond the required action within a reasonable timecontrol of Landlord. Upon the occurrence of any such default, Tenant may sue xxx for injunctive relief or to recover damages for any loss resulting from the breach, and but Tenant shall not be entitled to terminate this LeaseLease or withhold or abatx xxx rent due hereunder.

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

Default by Landlord and Remedies of Tenant. It shall be a default under ------------------------------------------ and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such occurrence default shall not constitute a default be deemed to have been cured if Landlord commences such performance within said thirty (30) thirty-day period and thereafter diligently undertakes to complete completes the same and does so complete the required action within a reasonable timesame. Upon the occurrence of any such default, Tenant may xxx for injunctive relief or to recover damages for any loss resulting from the breach, and but Tenant shall not be entitled to terminate this LeaseLease or withhold or xxxxx any rent due hereunder.

Appears in 1 contract

Samples: Lease (Wam Net Inc)

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