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 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 notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such a nature that the same cannot reasonably be performed within such thirty-day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant’s sole remedies shall be actual, money damages (except as set forth in Section 19.19) and specific performance, but Tenant shall not be entitled to terminate this Lease or withhold or axxxx any rent due hereunder, except to the extent permitted by Applicable Law. If Landlord shall be in default under this Lease, and if Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that it shall look solely to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to (i) levy execution against any property of the Landlord Parties other than Landlord’s interest in the Building as hereinbefore expressly provided or (ii) collect consequential damages from Landlord. In the event of the sale or other transfer of Landlord’s right, title and interest in the Premises or the Building, Landlord shall be released from all liability and obligations hereunder accruing from and after such sale or other transfer.

Default by Landlord and Remedies of Tenant. It The following shall be a an event of default and breach of by Landlord under this Lease by (“Landlord if it shall fail Default”): Landlord fails to perform or observe comply with any term, condition, covenant or obligation required to be performed or observed by it under provision of this Lease for a period of thirty (30) (fifteen (15) days if the failure causes the Leased Premises or a portion thereof to be untenantable (as defined in Section 5.03 hereof) or more after Landlord receives written notice thereof from Tenant; provided, however, except that if the term, condition, covenant or obligation to be performed by Landlord is of such a nature that the same compliance cannot reasonably be performed achieved within such thirty-day period, such default shall be deemed to have been cured if Landlord commences such performance within said the thirty (30) or fifteen (15) day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such defaultperiod, Tenant’s sole remedies as applicable, there shall be actual, money damages (except no Landlord Default by Landlord so long as set forth in Section 19.19) Landlord promptly attempts and specific performance, but Tenant shall not be entitled diligently and continuously pursues actions intended to terminate this Lease or withhold or axxxx any rent due hereunder, except to the extent permitted by Applicable Law. If Landlord shall be in default under this Lease, and if Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that it shall look solely to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to (i) levy execution against any property of the Landlord Parties other than Landlord’s interest in the Building as hereinbefore expressly provided or (ii) collect consequential damages from Landlordbring about compliance. In the event of a Landlord Default, Tenant (in addition to all other remedies to which Tenant may be entitled at law or in equity) may cure such default by Landlord on behalf of, and at the sale or other transfer of sole reasonable cost and expense of, Landlord’s right, title and interest in the Premises or the Building, . Landlord shall be released from all liability reimburse Tenant within thirty (30) days after Tenant’s delivery to Landlord of a statement therefor for an amount equal to one hundred twenty-five percent (125%) of Tenant’s costs and obligations hereunder accruing from and after such sale or other transferexpenses in connection therewith plus the amount of Rental paid by Tenant that is allocable for any untenantable area of the Leased Premises for the period the area was rendered untenantable as a result of the Landlord Default.

Default by Landlord and Remedies of Tenant. It shall be a default 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 notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such a nature that the same cannot reasonably be performed within such thirty-day period, such default shall 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. Upon the occurrence of any such default, Tenant’s sole remedies shall be actual, money Tenant may sue for injunctive relief or to recover damages (except as set forth in Section 19.19) and specific performancefor any loss resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold or axxxx xxxxx any rent due hereunder, except . Notwithstanding anything to the extent permitted contrary set forth herein, in the event of any default by Applicable Law. If Landlord shall be in default under this Lease, and if Lease which would give Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that it shall look solely the right to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under terminate this Lease or to satisfy claim a judgment for Landlord’s failure to perform partial or total eviction, Tenant will not exercise any such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to until (i) levy execution against any property it has notified in writing the mortgagee, or holder of such trust, deed or lessor as the Landlord Parties other than Landlord’s interest in case may be (if the Building as hereinbefore expressly provided name and address of such mortgagee, holder or lessor shall have previously been furnished by written notice to Tenant) of such default, and (ii) collect consequential damages from Landlord. In such mortgagee, holder or lessor, as the event case may be, fails within a reasonable time (not to exceed 45 days) after receipt of the sale or other transfer of Landlord’s rightsuch notice to cause such default to be cured; provided, title and interest in the Premises or the Buildinghowever, Landlord such default shall be released from all liability deemed to be cured if such mortgagee, holder of such trust, deed or lessor commences such performance within said forty-five day period and obligations hereunder accruing from and after such sale or other transferthereafter diligently undertakes to complete the same.

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 notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such a nature that the same cannot reasonably be performed within such thirty-thirty (30) day period, ; such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. Upon So long as the occurrence of any such defaultLeased Premises remain suitable for Tenant's proposed use, Tenant’s sole remedies shall be actual, money damages (except as set forth in Section 19.19) and specific performance, but Tenant shall not be entitled to terminate this Lease as a result of any such default. However, in the event Landlord does not cure the above described default in the applicable time period, then in such event Tenant may do all things necessary to remedy such default and perform the obligations of Landlord which have not been fully or withhold or axxxx any rent due hereunder, except to property performed. Landlord shall reimburse Tenant promptly for all costs and expenses reasonably incurred by Tenant in connection with the extent permitted by Applicable Lawforegoing following Landlord's receipt of an itemized invoice therefor. If Landlord shall be in default under this Lease, and if Tenant shall, as a consequence thereof, recover a money judgment against Landlordfails to make such payment within 60 days of Tenant's written demand, Tenant agrees that it shall look solely to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to (i) levy execution against any property of the Landlord Parties other than Landlord’s interest in the Building as hereinbefore expressly provided or (ii) collect consequential damages may deduct said amount from Landlord. In the event of the sale or other transfer of Landlord’s right, title and interest in the Premises or the Building, Landlord shall be released from all liability and obligations hereunder accruing from and after such sale or other transferTenant's next Monthly Rental Installment then due.

Default by Landlord and Remedies of Tenant. It shall be a default 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 notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such a nature that the same cannot reasonably be performed within such thirty-day period, such default shall 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. Upon the occurrence of any such default, Tenant’s sole remedies shall be actual, money Tenant may xxx for injunctive relief or to recover damages (except as set forth in Section 19.19) and specific performancefor any loss resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold or axxxx xxxxx any rent due hereunder, except . Notwithstanding anything to the extent permitted contrary set forth herein, in the event of any default by Applicable Law. If Landlord shall be in default under this Lease, and if Lease which would give Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that it shall look solely the right to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under terminate this Lease or to satisfy claim a judgment for Landlord’s failure to perform partial or total eviction, Tenant will not exercise any such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to until (i) levy execution against any property it has notified in writing the mortgagee, or holder of such trust, deed or lessor as the Landlord Parties other than Landlord’s interest in case may be (if the Building as hereinbefore expressly provided name and address of such mortgagee, holder or lessor shall have previously been furnished by written notice to Tenant) of such default, and (ii) collect consequential damages from Landlord. In such mortgagee, holder or lessor, as the event case may be, fails within a reasonable time (not to exceed 45 days) after receipt of the sale or other transfer of Landlord’s rightsuch notice to cause such default to be cured; provided, title and interest in the Premises or the Buildinghowever, Landlord such default shall be released from all liability deemed to be cured if such mortgagee, holder of such trust, deed or lessor commences such performance within said forty-five day period and obligations hereunder accruing from and after such sale or other transferthereafter diligently undertakes to complete the same.

Default by Landlord and Remedies of Tenant. It shall be a default 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 notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such a nature that the same cannot reasonably be performed within such thirty-day period, such default shall 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. Upon the occurrence of any such default, Tenant’s sole remedies shall be actual, money Tenant may sue for injunctive relief or to recover damages (except as set forth in Section 19.19) and specific performancefor any loss resulting from the breach, but Tenant shall not be entitled to terminate this Lease or withhold or axxxx abate any rent due hereunder, except . Notwithstanding anything to the extent permitted contrary set forth herein, in the event of any default by Applicable Law. If Landlord shall be in default under this Lease, and if Lease which would give Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that it shall look solely the right to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under terminate this Lease or to satisfy claim a judgment for Landlord’s failure to perform partial or total eviction, Tenant will not exercise any such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to until (i) levy execution against any property it has notified in writing the mortgagee, or holder of such trust, deed or lessor as the Landlord Parties other than Landlord’s interest in case may be (if the Building as hereinbefore expressly provided name and address of such mortgagee, holder or lessor shall have previously been furnished by written notice to Tenant) of such default, and (ii) collect consequential damages from Landlord. In such mortgagee, holder or lessor, as the event case may be, fails within a reasonable time (not to exceed 45 days) after receipt of the sale or other transfer of Landlord’s rightsuch notice to cause such default to be cured; provided, title and interest in the Premises or the Buildinghowever, Landlord such default shall be released from all liability deemed to be cured if such mortgagee, holder of such trust, deed or lessor commences such performance within said forty-five day period and obligations hereunder accruing from and after such sale or other transferthereafter diligently undertakes to complete the same.

Default by Landlord and Remedies of Tenant. (a) It shall be a default and breach of this Lease by Landlord if it shall fail to perform or observe any term, condition, covenant 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 covenant, or obligation to be performed by Landlord is of such a nature that the same cannot reasonably be performed within such thirty-thirty (30) day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant’s sole remedies shall be actual, money damages . (except as set forth in Section 19.19b) and specific performance, but Tenant shall not be entitled have the right based upon a default of Landlord to terminate this Lease or withhold to withhold, offset, or axxxx xxxxx rent, Tenant's sole recourse for Landlord's default being an action for damages against Landlord for diminution in the rental value of the Premises for the period of Landlord's default, which is proximately caused by Landlord's default. Tenant shall not have the right to terminate this Lease or to withhold, offset, or xxxxx the payment of rent based upon the unreasonable or arbitrary withholding by Landlord of its consent or approval of any rent due hereundermatter requiring Landlord's consent or approval, except including but not limited to any proposed assignment or subletting, Tenant's remedies in such instance being limited to a declaratory relief action, specific performance, injunctive relief, or an action of actual damages. Tenant shall not in any case be entitled to any consequential or punitive damages based upon any Landlord default or withholding of consent or approval. (c) Notwithstanding anything to the extent permitted contrary contained in this Lease, Tenant agrees and understands that Tenant shall look solely to the estate and property of Landlord in the Building of which the Premises area part for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Applicable Law. If Landlord shall be or any other partner, director, officer, employee, or agent of Landlord [or Landlord Affiliate] to Tenant by reason of any default or breach by Landlord in default the performance of its obligations under this Lease, and if Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees it being intended that it shall look solely to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any no other property or assets of Landlord or any of Landlord’s partners's Affiliates shall be subject to levy, membersexecution, shareholders and joint venturersattachment, and their respective directors, officers, managers, employees and agents (collectively, or any other legal process for the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under this Lease enforcement or to satisfy a judgment for Landlord’s failure to perform such obligations; and none satisfaction of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall remedies pursued by Tenant have any right to (i) levy execution against any property of the Landlord Parties other than Landlord’s interest in the Building as hereinbefore expressly provided event of such default or breach. (iid) collect consequential damages from Landlord. In the event of the a sale or other transfer of the Premises by Landlord’s right, title and interest the Landlord named herein, or, in the Premises or case of a subsequent transfer, the Buildingtransfor shall, Landlord shall after the date of such transfer, be automatically released from all personal liability for the performance or observance of any term, condition, covenant, or obligation required to be performed or observed by Landlord hereunder; and the transferee shall be deemed to have assumed all of such terms, conditions, covenants, and obligations, it being intended hereby that such terms, conditions, covenants, and obligations hereunder accruing from shall be binding upon Landlord, its successors, and after such sale or other transferassigns only during and in respect of their successive periods of ownership during the Term.

Default by Landlord and Remedies of Tenant. It shall be a default 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 notice thereof from Tenant; , provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such a nature that the same cannot reasonably be performed within such thirty-thirty (30) day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. Upon the occurrence of any such default, Tenant’s sole remedies shall be actual, actual money damages (except as set forth in Section Paragraph 19.19) and specific performance, but Tenant shall not be entitled to terminate this Lease or withhold or axxxx xxxxx any rent due hereunder. Unless prohibited by law, except any claim, demand, right or defense by Tenant that arises out of this Lease or the negotiations that preceded this Lease shall be barred unless Tenant commences an action thereon, or interposes a defense by reason thereof, within six (6) months after the date of the inaction, omission, event or action that gave rise to such claim, demand, right or defense; Tenant acknowledges and understands, after having consulted with its legal counsel, that the extent permitted by Applicable Lawpurpose of this sentence is to shorten the period within which Tenant would otherwise have to raise such claims, demand, rights or defenses under applicable laws. If Landlord shall be in default under this Lease, and if Tenant shall, as a consequence thereof, recover a money judgment against Landlord, Tenant agrees that it shall look solely to Landlord’s right, title and interest in and to the Building (and the proceeds of sale, insurance, and rental income therefrom) for the collection of such judgment; and Tenant shall not look to any other property or assets of Landlord or Landlord’s partners, members, shareholders and joint venturers, and their respective directors, officers, managers, employees and agents (collectively, the “Landlord Parties”) in seeking either to enforce Landlord’s obligations under this Lease or to satisfy a judgment for Landlord’s failure to perform such obligations; and none of the Landlord Parties shall be personally liable for the performance of Landlord’s obligations under this Lease. It is understood that in no event shall Tenant have any right to (i) levy execution against any property of the Landlord Parties other than Landlord’s interest in the Building as hereinbefore expressly provided or (ii) collect consequential damages from Landlord. In the event of the sale or other transfer of Landlord’s right, title and interest in the Premises or the Building, Landlord shall be released from all liability and obligations hereunder accruing from and after such sale or other transferhereunder.