DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenant's remedies for Landlord's default are (a) to terminate this Lease by giving Landlord written notice of termination, (b) to cure Landlord's default by any action deemed necessary by Tenant, and in connection with the cure Tenant may pay expenses and incur obligations, provided that no expenditure in excess of $3,000.00 may be made by Tenant under this subparagraph without the prior written approval of Landlord, which approval shall not be unreasonably withheld, or (c) any other remedy available to Tenant at law or in equity. If Tenant pays expenses or incurs obligations to cure Landlord's default, Landlord agrees to reimburse Tenant upon receipt of Tenant's request for reimbursement. If Landlord fails to reimburse Tenant within fifteen (I 5) days after Landlord receives Tenant's request for reimbursement, Tenant may deduct the amount of the sums expended or obligations incurred from the Rent due or to become due under this Lease.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenant’s remedies for Landlord’s default are to xxx for damages and/or injunctive relief.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. 22.1 Default by Landlord; Tenant’s Exclusive Remedies. Landlord shall be deemed to be in default hereunder only if Landlord shall fail to perform or comply with any obligation on its part hereunder and (i) such failure shall continue for more than the time of any cure period provided herein, or, (ii) if no cure period is provided herein, for more than thirty (30) days after written notice thereof from Tenant, or, (iii) if such default cannot reasonably be cured within such thirty (30)-day period, Landlord shall not within such period commence with due diligence and dispatch the curing of such default, or, having so commenced, shall thereafter fail or neglect to prosecute or complete with diligence and dispatch the curing of such default. Upon the occurrence of default by Landlord described above, which default (other than a default by Landlord under Section 36.2) substantially and materially interferes with the ability of Tenant to conduct its Permitted Uses on the Premises provided for hereunder, Tenant shall have the exclusive right: (a) to offset or deduct only from the Rent becoming due hereunder, the amount of all actual damages incurred by Tenant as a direct result of Landlord’s default, but only after obtaining a final, non-appealable judgment in a court of competent jurisdiction for such damages in accordance with applicable Law and the provisions of this Lease (and subject to the limitations set forth in Articles 23 and 24): and (b) to seek equitable relief in accordance with applicable Laws and the provisions of this Lease where appropriate and where such relief does not impose personal liability on Landlord or its Agents in excess of that permitted pursuant to Articles 23 and 24; provided, however, (i) in no event shall Tenant be entitled to offset from all or any portion of the Rent becoming due hereunder or to otherwise recover or obtain from Landlord or its Agents any damages (including, without limitation, any consequential, incidental, punitive or other damages proximately arising out of a default by Landlord hereunder) or Losses other than Tenant’s actual damages as described in the foregoing clause (a); (ii) Tenant agrees that, notwithstanding anything to the contrary herein or pursuant to any applicable Laws, Tenant’s remedies hereunder shall constitute Tenant’s sole and absolute right and remedy for a default by Landlord hereunder (including but not limited to any default by Landlord under Section 36.2); and (iii) Tenant shall have no r...
DEFAULT BY LANDLORD/TENANT'S REMEDIES. 68
22.1 Default by Landlord; Tenant’s Exclusive Remedies 68 22.2 Exclusive Remedies re: Use Restriction 69 ARTICLE 23. TENANT’S RECOURSE AGAINST LANDLORD 69 23.1 No Recourse Beyond Value of Property Except as Specified 69 23.2 No Recourse Against Specified Persons 69 ARTICLE 24. LIMITATIONS ON LIABILITY 69 24.1 Waiver of Consequential Damages 69 24.2 Limitation on Landlord Liability Upon Transfer 69 24.3 No Recourse Against Specified Persons 70 24.4 No Landlord Liability 70 24.5 No Liability for Actions of ORA 70 ARTICLE 25. ESTOPPEL CERTIFICATES BY TENANT 70 25.1 Estoppel Certificate by Tenant 70 ARTICLE 26. ESTOPPEL CERTIFICATES BY LANDLORD 71 26.1 Estoppel Certificate by Landlord 71 ARTICLE 27. APPROVALS BY LANDLORD 71 27.1 Approvals by Landlord 71 27.2 Fees for Review 72 ARTICLE 28. NO MERGER OF TITLE 72 28.1 No Merger of Title 72 ARTICLE 29. QUIET ENJOYMENT 72 29.1 Quiet Enjoyment 72 ARTICLE 30. SURRENDER OF PREMISES 72 30.1 End of Lease Term 72 ARTICLE 31. HOLD OVER 73 31.1 No Right to Hold Over 73 31.2 No Right to Relocation Assistance 74 31.3 Transition 74 ARTICLE 32. NOTICES 74 32.1 Notices 74 32.2 Form and Effect of Notice 75 ARTICLE 33. INSPECTION OF PREMISES BY LANDLORD 76 33.1 Entry 76 33.2 Exhibit for Lease 76 33.3 Notice, Right to Accompany 76 33.4 Rights of Subtenants 76 ARTICLE 34. MORTGAGES 77
34.1 No Mortgage Except as Set Forth Herein 77 34.2 Leasehold Liens 77 34.3 Notice of Liens 78 34.4 Limitation of Mortgages 78 34.5 Interest Covered by Mortgage 80 34.6 Qualified Lender 80 34.7 Rights Subject to Lease 80 34.8 Required Provisions of any Mortgage 81 34.9 Notices to Mortgagee 81 34.10 Mortgagee’s Right to Cure 82 34.11 Transfer of Mortgage 86 34.12 Appointment of Receiver 87 ARTICLE 35. NO JOINT VENTURE 87 35.1 No Joint Venture 87 ARTICLE 36. REPRESENTATIONS AND WARRANTIES 87 36.1 Representations and Warranties of Tenant 87 36.2 Landlord Representations and Warranties 88 ARTICLE 37. SPECIAL PROVISIONS 89 37.1 Non-Discrimination 89 37.2 Mitigation Measures 90 37.3 Alcohol, Firearms, Tobacco Product Advertising Prohibition 90 37.4 Waiver of Relocation Assistance Rights 90 37.5 Campaign Contribution Limits 90 37.6 Community Benefits 91 DEED AND CALTRANS EASEMENT 98 THIS GROUND LEASE (this “Lease”) is entered into on , 2014 by and between the CITY OF OAKLAND, a municipal corporation (the “City” or “Landlord”), and OMSS, LLC, a California limited liability company (the “Developer” or “Tenant”). Landlord (or City) and Tenant (or Developer) a...
DEFAULT BY LANDLORD/TENANT'S REMEDIES. TENANT's remedies for LANDLORD's default are to xxx for damages or terminate this lease.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenaxx'x xemedies for Landlord's default are to (a) sue for damages, and (b) if Landlord does not provide an essential service for thirty days after default, terminate this lease.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Tenant's remedies for Landlord's default are, if Landlord fails to comply with any provision of this lease within thirty (30) days of written notice to terminate this lease.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. In the event of any default hereunder by Landlord, except as otherwise specifically provided herein (including as provided in Sections 2.2.1 and 2.2.2 hereof), Tenant shall not be entitled to terminate this Lease, but shall have the right to pursue any other legal or equitable remedy available under law or in equity, including money damages and setoff.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed to trust covering the Premises, whose name and address shall theretofore have been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations, provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance thereof then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Xxxxxx's remedies shall be limited to the damages specified in Section 28.1 and/or injunctive relief.
DEFAULT BY LANDLORD/TENANT'S REMEDIES. Landlord shall be in default under the terms of this Lease only if Landlord shall fail to perform any of the terms, provisions, covenants, or conditions to be performed or complied with by Landlord pursuant to this Lease and such failure continues for more than thirty (30) days after Landlord receives written notice thereof from Tenant; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter shall diligently prosecute the same to completion. In the event that Landlord fails to cure any default as provided herein, Tenant shall have all rights and remedies available to it at law or in equity, subject to the terms and conditions of this Lease. All rights to cure provided to Landlord under this Section 11.5 shall also be accorded to any mortgagee, ground lessor or beneficiary under a deed of trust encumbering the Property.
