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 nature that the same cannot reasonably be performed within such 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. Tenant shall not have the right based upon a default of Landlord to terminate this Lease or to withhold, offset or 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 matter requiring Landlord's consent or approval, 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. Notwithstanding anything to the 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 are a part for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the event of such default or breach. In the event of a sale or transfer of the Premises by Landlord, the Landlord named herein, or, in the case of a subsequent transfer, the transferor, 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 shall be binding upon Landlord, its successors and assigns 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 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 mat 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 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. So long as the Leased Premises remain suitable for Tenant's proposed use, Tenant shall not have the right based upon a default of Landlord be entitled to terminate this Lease or to withholdas a result of any such default. However, offset or xxxxx rent, Tenant's sole recourse for Landlord's default being an action for damages against Landlord for diminution in the rental value of event Landlord does not cure the Premises for above described default in the period of Landlord's defaultapplicable time period, 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 matter requiring Landlord's consent or approval, including but not limited to any proposed assignment or subletting, Tenant's remedies then in such instance being limited event Tenant may do all things necessary 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 remedy such default or withholding of consent or approval. Notwithstanding anything to and perform the contrary contained in this Lease, Tenant agrees and understands that Tenant shall look solely to the estate and property obligations of Landlord in the Building of which the Premises are a part have not been fully or property performed. Landlord shall reimburse Tenant promptly for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued all costs and expenses reasonably incurred by Tenant in connection with the event foregoing following Landlord's receipt of an itemized invoice therefor. If Landlord fails to make such default or breach. In the event payment within 60 days of a sale or transfer of the Premises by LandlordTenant's written demand, the Landlord named herein, or, in the case of a subsequent transfer, the transferor, shall, after the date of such transfer, be automatically released Tenant may deduct said amount 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 shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during the TermTenant'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 nature that the same cannot reasonably be performed within such thirty (30) 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 may sue for injunctive relief or to recover damages for any loss resulting from the breach, but Tenant shall not have the right based upon a default of Landlord be entitled to terminate this Lease or withhold or abate any rent due hereunder. Notwithstanding anything to withholdthe contrary set forth herein, offset or xxxxx rent, Tenant's sole recourse for Landlord's default being an action for damages against Landlord for diminution in the rental value event of the Premises for the period of Landlord's default, any default by Landlord under this Lease which is proximately caused by Landlord's default. would give Tenant shall not have the right to terminate this Lease or to withhold, offset claim a partial or xxxxx the payment of rent based upon the unreasonable or arbitrary withholding by Landlord of its consent or approval of any matter requiring Landlord's consent or approval, 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. Notwithstanding anything to the contrary contained in this Leasetotal eviction, Tenant agrees and understands that Tenant shall look solely to will not exercise any such right until (i) it has notified in writing the estate and property of Landlord in the Building of which the Premises are a part for the enforcement of any judgment (mortgagee, or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the event holder of such default trust, deed or breach. In the event of a sale or transfer of the Premises by Landlord, the Landlord named herein, or, in lessor as the case of a subsequent transfer, may be (if the transferor, shall, after the date name and address of such transfermortgagee, be automatically released from all personal liability for holder or lessor shall have previously been furnished by written notice to Tenant) of such default, and (ii) such mortgagee, holder or lessor, as the performance or observance case may be, fails within a reasonable time (not to exceed 45 days) after receipt of any term, condition, covenant or obligation required such notice to cause such default to be performed or observed by Landlord hereundercured; and the transferee provided, however, such default shall be deemed to have assumed all be cured if such mortgagee, holder of such termstrust, conditions, covenants deed or lessor commences such performance within said forty-five day period and obligations, it being intended hereby that such terms, conditions, covenants and obligations shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during thereafter diligently undertakes to complete the Termsame.

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 nature that the same cannot reasonably be performed within such thirty (30) 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 may xxx for injunctive relief or to recover damages for any loss resulting from the breach, but Tenant shall not have the right based upon a default of Landlord be entitled to terminate this Lease or to withhold, offset withhold or xxxxx rentany rent due hereunder. Notwithstanding anything to the contrary set forth herein, Tenant's sole recourse for Landlord's default being an action for damages against Landlord for diminution in the rental value event of the Premises for the period of Landlord's default, any default by Landlord under this Lease which is proximately caused by Landlord's default. would give Tenant shall not have the right to terminate this Lease or to withhold, offset claim a partial or xxxxx the payment of rent based upon the unreasonable or arbitrary withholding by Landlord of its consent or approval of any matter requiring Landlord's consent or approval, 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. Notwithstanding anything to the contrary contained in this Leasetotal eviction, Tenant agrees and understands that Tenant shall look solely to will not exercise any such right until (i) it has notified in writing the estate and property of Landlord in the Building of which the Premises are a part for the enforcement of any judgment (mortgagee, or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the event holder of such default trust, deed or breach. In the event of a sale or transfer of the Premises by Landlord, the Landlord named herein, or, in lessor as the case of a subsequent transfer, may be (if the transferor, shall, after the date name and address of such transfermortgagee, be automatically released from all personal liability for holder or lessor shall have previously been furnished by written notice to Tenant) of such default, and (ii) such mortgagee, holder or lessor, as the performance or observance case may be, fails within a reasonable time (not to exceed 45 days) after receipt of any term, condition, covenant or obligation required such notice to cause such default to be performed or observed by Landlord hereundercured; and the transferee provided, however, such default shall be deemed to have assumed all be cured if such mortgagee, holder of such termstrust, conditions, covenants deed or lessor commences such performance within said forty-five day period and obligations, it being intended hereby that such terms, conditions, covenants and obligations shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during thereafter diligently undertakes to complete the Termsame.

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 nature that the same cannot reasonably be performed within such thirty (30) 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 may sue for injunctive relief or to recover damages for any loss resulting from the breach, but Tenant shall not have the right based upon a default of Landlord be entitled to terminate this Lease or to withhold, offset withhold or xxxxx rentany rent due hereunder. Notwithstanding anything to the contrary set forth herein, Tenant's sole recourse for Landlord's default being an action for damages against Landlord for diminution in the rental value event of the Premises for the period of Landlord's default, any default by Landlord under this Lease which is proximately caused by Landlord's default. would give Tenant shall not have the right to terminate this Lease or to withhold, offset claim a partial or xxxxx the payment of rent based upon the unreasonable or arbitrary withholding by Landlord of its consent or approval of any matter requiring Landlord's consent or approval, 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. Notwithstanding anything to the contrary contained in this Leasetotal eviction, Tenant agrees and understands that Tenant shall look solely to will not exercise any such right until (i) it has notified in writing the estate and property of Landlord in the Building of which the Premises are a part for the enforcement of any judgment (mortgagee, or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the event holder of such default trust, deed or breach. In the event of a sale or transfer of the Premises by Landlord, the Landlord named herein, or, in lessor as the case of a subsequent transfer, may be (if the transferor, shall, after the date name and address of such transfermortgagee, be automatically released from all personal liability for holder or lessor shall have previously been furnished by written notice to Tenant) of such default, and (ii) such mortgagee, holder or lessor, as the performance or observance case may be, fails within a reasonable time (not to exceed 45 days) after receipt of any term, condition, covenant or obligation required such notice to cause such default to be performed or observed by Landlord hereundercured; and the transferee provided, however, such default shall be deemed to have assumed all be cured if such mortgagee, holder of such termstrust, conditions, covenants deed or lessor commences such performance within said forty-five day period and obligations, it being intended hereby that such terms, conditions, covenants and obligations shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during thereafter diligently undertakes to complete the Termsame.

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 (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 Paragraph 19.19) and specific performance, but Tenant shall not have the right based upon a default of Landlord be entitled to terminate this Lease or to withhold, offset withhold or xxxxx rentany rent due hereunder. Unless prohibited by law, Tenant's sole recourse for Landlord's default being 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 for damages against Landlord for diminution in thereon, or interposes a defense by reason thereof, within six (6) months after the rental value date of the Premises 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 purpose 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 for the period collection of Landlord's default, which is proximately caused by Landlord's default. such judgment; and Tenant shall not have 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 right “Landlord Parties”) in seeking either to terminate enforce Landlord’s obligations under this Lease or to withhold, offset or xxxxx satisfy a judgment for Landlord’s failure to perform such obligations; and none of the payment of rent based upon the unreasonable or arbitrary withholding by Landlord of its consent or approval of any matter requiring Landlord's consent or approval, 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 Parties shall not in any case be entitled to any consequential or punitive damages based upon any Landlord default or withholding of consent or approval. Notwithstanding anything to the 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 are a part personally liable for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its Landlord’s obligations under this Lease, it being intended hereby . It is understood that in no other assets of Landlord or event shall Tenant have any of Landlord's Affiliates shall be subject right to levy, execution, attachment or (i) levy execution against any other legal process for the enforcement or satisfaction property of the remedies pursued by Tenant Landlord Parties other than Landlord’s interest in the event of such default Building as hereinbefore expressly provided or breach(ii) collect consequential damages from Landlord. In the event of a the sale or other transfer of Landlord’s right, title and interest in the Premises by Landlordor the Building, the Landlord named herein, or, in the case of a subsequent transfer, the transferor, shall, after the date of such transfer, shall 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 shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during the Termhereunder.

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 nature that the same compliance cannot reasonably be performed achieved within such the thirty (30) or fifteen (15) day period, such default as applicable, there shall be deemed to have been cured if no Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same. Tenant shall not have the right based upon a default of Landlord to terminate this Lease or to withhold, offset or 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 Default by Landlord of its consent or approval of any matter requiring Landlord's consent or approval, including but not limited so long as Landlord promptly attempts and diligently and continuously pursues actions intended 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. Notwithstanding anything to the 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 are a part for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the event of such default or breachbring about compliance. In the event of a sale Landlord Default, Tenant (in addition to all other remedies to which Tenant may be entitled at law or transfer in equity) may cure such default by Landlord on behalf of, and at the sole reasonable cost and expense of, Landlord. Landlord shall 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 expenses in connection therewith plus the amount of Rental paid by Tenant that is allocable for any untenantable area of the Leased Premises by Landlord, for the period the area was rendered untenantable as a result of the Landlord named herein, or, in the case of a subsequent transfer, the transferor, 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 shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during the TermDefault.

Default by Landlord and Remedies of Tenant. From and after the Expansion Premises Commencement Date, Section 15.3 of the Lease will be deleted in its entirety and the following inserted in lieu thereof: “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) 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 nature that the same cannot reasonably be performed within such thirty (30) 30 day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) 30 day period and thereafter diligently undertakes to complete the samesame completes the required action within a reasonable time, but not more than 60 days after Tenant’s notice in any event. Anything to the contrary contained herein notwithstanding, no written notice shall be required in the event of an emergency which threatens imminent loss of property or injury to persons (although Tenant shall not have provide oral notice to Landlord at such time as is reasonable under the right based upon a default of Landlord to terminate this Lease or to withhold, offset or 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. circumstances) and Tenant shall not have the right to terminate this Lease cure such condition immediately. If Landlord fails to cure any default as and when required hereunder, Tenant may, in addition to all other remedies now or to withholdhereafter afforded or provided by law, offset perform such covenant or xxxxx the payment agreement for or on behalf of rent based upon the unreasonable Landlord, or arbitrary withholding by Landlord of its consent or approval of otherwise cure any matter requiring Landlord's consent or approvalsuch default, including but not limited to and 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. reasonable and necessary amount which Tenant shall not in any case advance pursuant thereto shall be entitled to any consequential or punitive damages based upon any Landlord default or withholding of consent or approval. Notwithstanding anything to the 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 are a part for the enforcement of any judgment (or other judicial decree) requiring the payment of money repaid by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Leasewithin 30 days after written demand therefore, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant and in the event of Landlord does not so reimburse Tenant within such default or breach. In time period, Tenant may deduct from Base Rent and Additional Rent (if any) payments owed under this Lease the event of a sale or transfer of amount equal to the Premises cost and expenses incurred by Landlord, the Landlord named herein, or, in the case of a subsequent transfer, the transferor, 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 shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during the TermTenant therefor.”

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 nature that the same cannot reasonably be performed within such 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. Tenant shall not have same and does complete the right based upon same with all deliberate speed and within a default of Landlord to terminate this Lease or to withhold, offset or 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 defaultreasonable time. 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 matter requiring Landlord's ’s consent or approval, including but not limited to any proposed assignment or subletting, . Tenant's ’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. Notwithstanding anything to the 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 are a part for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's ’s Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued by Tenant in the event of such default or breach. In the event of a sale or transfer of the Premises by Landlord, the Landlord named herein, or, in the case of a subsequent transfer, the transferor, 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 shall be binding upon Landlord, its successors and assigns 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 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 nature that the same cannot reasonably be performed within such 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. So long as the Leased Premises remain suitable for Tenant's proposed use, Tenant shall not have the right based upon a default of Landlord be entitled to terminate this Lease or to withholdas a result of any such default. However, offset or xxxxx rent, Tenant's sole recourse for Landlord's default being an action for damages against Landlord for diminution in the rental value of event Landlord does not cure the Premises for above described default in the period of Landlord's defaultapplicable time period, 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 matter requiring Landlord's consent or approval, including but not limited to any proposed assignment or subletting, Tenant's remedies then in such instance being limited event Tenant may do all things necessary 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 remedy such default or withholding of consent or approval. Notwithstanding anything to and perform the contrary contained in this Lease, Tenant agrees and understands that Tenant shall look solely to the estate and property obligations of Landlord in the Building of which the Premises are a part have not been fully or property performed. Landlord shall reimburse Tenant promptly for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its obligations under this Lease, it being intended hereby that no other assets of Landlord or any of Landlord's Affiliates shall be subject to levy, execution, attachment or any other legal process for the enforcement or satisfaction of the remedies pursued all costs and expenses reasonably incurred by Tenant in connection with the event foregoing following Landlord's receipt of an itemized invoice therefor. If Landlord fails to make such default or breach. In the event payment within 60 days of a sale or transfer of the Premises by LandlordTenant's written demand, the Landlord named herein, or, in the case of a subsequent transfer, the transferor, shall, after the date of such transfer, be automatically released Tenant may deduct said amount 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 shall be binding upon Landlord, its successors and assigns only during and in respect of their successive periods of ownership during the TermTenant'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 (30) 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 have the right based upon a default of Landlord be entitled to terminate this Lease or withhold or axxxx any rent due hereunder, except to withholdthe extent permitted by Applicable Law. If Landlord shall be in default under this Lease, offset or xxxxx rentand if Tenant shall, Tenant's sole recourse for as a consequence thereof, recover a money judgment against Landlord's default being an action for damages against Landlord for diminution , 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 value of the Premises income therefrom) for the period collection of Landlord's default, which is proximately caused by Landlord's default. such judgment; and Tenant shall not have 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 right “Landlord Parties”) in seeking either to terminate enforce Landlord’s obligations under this Lease or to withhold, offset or xxxxx satisfy a judgment for Landlord’s failure to perform such obligations; and none of the payment of rent based upon the unreasonable or arbitrary withholding by Landlord of its consent or approval of any matter requiring Landlord's consent or approval, 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 Parties shall not in any case be entitled to any consequential or punitive damages based upon any Landlord default or withholding of consent or approval. Notwithstanding anything to the 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 are a part personally liable for the enforcement of any judgment (or other judicial decree) requiring the payment of money by Landlord to Tenant by reason of any default or breach by Landlord in the performance of its Landlord’s obligations under this Lease, it being intended hereby . It is understood that in no other assets of Landlord or event shall Tenant have any of Landlord's Affiliates shall be subject right to levy, execution, attachment or (i) levy execution against any other legal process for the enforcement or satisfaction property of the remedies pursued by Tenant Landlord Parties other than Landlord’s interest in the event of such default Building as hereinbefore expressly provided or breach(ii) collect consequential damages from Landlord. In the event of a the sale or other transfer of Landlord’s right, title and interest in the Premises by Landlordor the Building, the Landlord named herein, or, in the case of a subsequent transfer, the transferor, shall, after the date of such transfer, shall 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 shall be binding upon Landlord, its successors hereunder accruing from and assigns only during and in respect of their successive periods of ownership during the Termafter such sale or other transfer.