Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 14 contracts
Samples: Lease Agreement (Full Spectrum Inc.), Lease Agreement (Neoforma Com Inc), Lease Agreement (PLX Technology Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 8 contracts
Samples: Lease Agreement (Abgenix Inc), Lease Agreement (Protein Design Labs Inc/De), Lease Agreement (Faroudja Inc)
Default by Landlord. 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 earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been be furnished to Tenant in writingwriting within ten (10) days after the execution of this Lease and within ten (10) days following any change in the holder of the first mortgage or deed of trust, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, performance 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.
Appears in 6 contracts
Samples: Lease (VCG Holding Corp), Lease (VCG Holding Corp), Lease (VCG Holding Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 4 contracts
Samples: Lease Agreement (Yodlee Inc), Lease Agreement (Beceem Communications Inc), Lease Agreement (Opti Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 4 contracts
Samples: Standard Shopping Center Lease (California Independent Bancorp), Lease (Community Bancorp Inc), Industrial Lease (Larscom Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of by Landlord within a reasonable time, but in no event earlier later than thirty (3045) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, provided however, that if the nature of Landlord's obligations obligation is such that more than thirty (3045) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) 45-day period and thereafter diligently prosecutes the same to completion. Landlord shall not be deemed in default hereunder as long as Tenant shall be in default hereunder.
Appears in 4 contracts
Samples: Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.), Lease Agreement (Zoned Properties, Inc.)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 4 contracts
Samples: Industrial Building Lease (Motors & Gears Inc), Industrial Building Lease (Motors & Gears Inc), Industrial Building Lease (Motors & Gears Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of by Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of or trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) -day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 3 contracts
Samples: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)
Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of by Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises or ground lessor of the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, provided however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 3 contracts
Samples: Building Lease Agreement (Artes Medical Inc), Building Lease Agreement (Artes Medical Inc), Building Lease Agreement (Artes Medical Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 3 contracts
Samples: Industrial Lease (Industrial Data Systems Corp), Industrial Lease (Esterline Technologies Corp), Industrial Lease (Esterline Technologies Corp)
Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord hereunder within a reasonable time, but in no event earlier later than thirty (30) 30 days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) 30 days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) 30 day period and thereafter diligently prosecutes the same to completion.
Appears in 3 contracts
Samples: Net Office Tech Lease (Silicon Energy Corp), Net Office Tech Lease (Silicon Energy Corp), Standard Industrial Lease (Applied Imaging Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations. ; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 3 contracts
Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose Premises, where name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of the Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance performances within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Appears in 3 contracts
Samples: Lease Agreement (Celebrate Express, Inc.), Lease Agreement (Celebrate Express, Inc.), Lease Agreement (Optiva Corp /Wa/)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) thirty-day period and thereafter diligently prosecutes the same to completion.
Appears in 3 contracts
Samples: Sublease Agreement (Amazon Com Inc), Industrial Lease Agreement (Titan Motorcycle Co of America Inc), Industrial Lease Agreement (Teltrust Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore previously been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 3 contracts
Samples: Lease Agreement (Sierra Monitor Corp /Ca/), Lease Agreement (3dfx Interactive Inc), Lease Agreement (Technoconcepts, Inc.)
Default by Landlord. Landlord shall not be in default of any obligation of Landlord hereunder unless and until Landlord fails has failed to perform obligations required of Landlord such obligation within a reasonable time, but in no event earlier than thirty (30) days after receipt of written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsfailure from Tenant; provided, however, that if in the event the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for complete performance, then Landlord shall not be in default pursuant to this Section 8.10 if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same such performance to completion.
Appears in 2 contracts
Samples: Hotel Lease (Procaccianti Hotel Reit, Inc.), Hotel Lease (Procaccianti Hotel Reit, Inc.)
Default by Landlord. Landlord shall not be in default hereunder unless Landlord fails to perform obligations required of Landlord hereunder within a reasonable time, but in no event earlier later than thirty (30) days after written notice is given by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Lease Agreement (Nu Skin Enterprises Inc), Lease Agreement (Nu Skin Enterprises Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Standard Industrial Lease (Hansen Natural Corp), Standard Industrial Lease (Hansen Natural Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, provided however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 2 contracts
Samples: Lease Agreement (Capital Bank Corp), Office Lease (Epl Technologies Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, and specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) day 30)-day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 2 contracts
Samples: Lease Agreement (Mulesoft, Inc), Lease Agreement (Mulesoft, Inc)
Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform obligations required of Landlord hereunder within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless Landlord fails and until it has failed to perform obligations required of Landlord such obligation within a reasonable time, but in no event earlier than thirty (30) days after written receipt of notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations 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 Landlord commences it shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion.
Appears in 2 contracts
Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)
Default by Landlord. Section 36.1. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Sublease (Aravive, Inc.), Sublease (Versartis, Inc.)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform in the performance of any obligations required of to be performed by Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to under the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Lease if Landlord has failed to perform such obligationsobligation within 30 days after the receipt of notice from Tenant specifying in detail Landlord's failure to perform; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) 30 calendar days are required for its performance, then Landlord shall not be deemed in default if Landlord commences it shall commence such performance within such thirty (30) day period 30 days and thereafter diligently prosecutes pursues the same to completion.
Appears in 2 contracts
Samples: Lease Agreement (Suntek Corp), Lease Agreement (Asset Acceptance Capital Corp)
Default by Landlord. 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 earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering encumbering the Premises Project whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performanceits cure, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 2 contracts
Samples: Standard NNN Lease (Vaxcyte, Inc.), Standard NNN Lease (SutroVax, Inc.)
Default by Landlord. Except as otherwise provided in this Lease, Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant Last Chance to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writingLandlord, specifying wherein Landlord has failed to perform such obligationsthe default of Landlord; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Gold Ranch Casino Lease (Herbst Gaming, LLC), Gold Ranch Casino Lease (Herbst Gaming Inc)
Default by Landlord. Landlord shall not be he in default unless Landlord fails to perform obligations required rcquircd of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; , provided, however, that if the nature of Landlord's obligations is are such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences currtrnences performance within such Such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Appears in 2 contracts
Samples: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writingLandlord, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 2 contracts
Samples: Lease Agreement, Retail Lease
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Lease Agreement (Alza Corp), Lease Agreement (Alza Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty THIRTY (30) days DAYS after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty THIRTY (30) days DAYS are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty THIRTY (30) day DAY period and thereafter diligently prosecutes the same to completion.
Appears in 2 contracts
Samples: Lease Agreement (Alliance Fiber Optic Products Inc), Lease Agreement (American Multiplexer Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord hereunder within a reasonable time, but in no event earlier later than thirty (30) 30 days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) 30 days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) 30 day period and thereafter diligently prosecutes the same to completion.
Appears in 2 contracts
Samples: Sublease (Depomed Inc), Facilities Lease (Insite Vision Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Commercial Lease (Internet Media Services, Inc.), Lease Agreement (Rex Energy Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of LandlordXxxxxxxx's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Lease Agreement (Quantum Effect Devices Inc), Lease Agreement (Quantum Effect Devices Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose Leased Premises, the name and address shall have heretofore for that holder having been furnished to Tenant in writing, specifying wherein in what respect Landlord has failed to perform such obligations; providedthe obligation. However, however, that if the nature of Landlord's obligations is such that ’s obligation requires more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance to perform within such the thirty (30) day period and thereafter afterwards diligently prosecutes the same to completioncompletes it.
Appears in 2 contracts
Samples: Commercial Lease Agreement, Industrial Lease
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Lease Agreement (Zev Ventures Inc.), Lease Agreement (Anda Networks Inc)
Default by Landlord. Landlord shall not be in default in performance of any obligation required of it hereunder unless Landlord fails and until it has failed to perform obligations required of Landlord such obligation within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsperform; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, its performance then Landlord shall not be in default if Landlord commences it shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion.
Appears in 2 contracts
Samples: Lease Agreement (Emulex Corp /De/), Master Building Lease (Filenet Corp)
Default by Landlord. Landlord shall not be deemed to be in default of the performance of any obligation required to be performed by it hereunder unless Landlord fails and until it has failed to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein therein that Landlord has failed to perform such its obligations; provided, however, that if the nature of Landlord's obligations is are such that more than thirty (30) days are required for performance, then Landlord shall not be deemed to be in default if Landlord commences shall commence performance within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to until completion.
Appears in 2 contracts
Samples: Rescission, Restructuring and Assignment Agreement (Integrated Healthcare Holdings), Triple Net Lease (Integrated Healthcare Holdings)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to any mortgagee, trustee or ground lessor of the holder of any first mortgage or deed of trust covering the Premises Project (each a “Holder”) whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein that Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Building Lease (SteadyMed Ltd.), Building Lease (Reply! Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice (except in the case of an emergency) by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 2 contracts
Samples: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationswhich describes the default; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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. Tenant shall provide the holder of the mortgage or deed of trust with notice and time to cure as provided in Subsection 17.3.
Appears in 2 contracts
Samples: Lease Agreement (Eschelon Telecom Inc), Lease Agreement (Eschelon Telecom Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofor been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) -day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 2 contracts
Samples: Office Lease Agreement (Maxim Pharmaceuticals Inc), Office Building Lease (Maxim Pharmaceuticals Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after receipt of written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writingLandlord, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.completion of same. In any event, if Landlord is in default hereunder, and as a consequence Tenant recovers a money judgment against Landlord, so long as Landlord owns the
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord ------------------- fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Lease Agreement (Opti Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations obligation is such that more xxxx xxre than thirty (30) days are required for performance, 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.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose Premises, where name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Lease Agreement (Cutter & Buck Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord under this Lease within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails falls to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that than more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completioncompletion within no more than ninety (90) days following expiration of the thirty (30) day period.
Appears in 1 contract
Samples: Lease (Siebel Systems Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and Landlord, or to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) -day period and thereafter diligently prosecutes pursues the same to completion.
12. ENVIRONMENTAL MATTERS
Appears in 1 contract
Samples: Office Building Lease (Convera Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to Landlord's ground or senior lessor, including the holder of any first mortgage Master Lessor, or deed of trust covering the Premises lessee or mortgagee whose name and address is given to Tenant shall have heretofore at any time been furnished to Tenant in writing, specifying wherein therein such obligations Landlord has failed to perform such obligationsperform; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) thirty-day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord ------------------- fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) 30 days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) 30 days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) 30 day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 1 contract
Samples: Lease Agreement (Vu1 CORP)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier even later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of or trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform toper form such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless ------------------- Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; providedobligation, provided however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) thirty-day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Sublease (Nvidia Corp/Ca)
Default by Landlord. Landlord shall not be deemed to be in default -------------------- in the performance of any obligation required by it under this Lease, or under any agreement executed in connection herewith, unless Landlord fails and until it has failed to perform obligations required of Landlord such obligation within a reasonable time, but in no event earlier than thirty twenty (3020) days after receipt of written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writingLandlord, specifying wherein Landlord has failed to perform such obligations; obligation provided, however, that if the nature of Landlord's obligations 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 Landlord commences it shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless Landlord fails and until it has failed to perform such obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’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 Landlord commences it shall commence such performance within such thirty (30) day 30)-day period and thereafter diligently prosecutes prosecute the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless Landlord fails and until it has failed to perform obligations required of Landlord such obligation within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, its performance then Landlord shall not be deemed to be in default if Landlord commences it shall commence such performance within such thirty (30) thirty-day period and thereafter diligently prosecutes prosecute the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless Landlord fails and until it has failed to perform obligations required of Landlord such obligation within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, its performance then Landlord shall not be deemed to be in default if Landlord commences it shall commence such performance within such thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion.
Appears in 1 contract
Samples: Lease Agreement (Valley Bancorp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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, but in no event more than ninety (90) days. If Landlord is in default hereunder, Tenant may terminate this Lease, and Tenant will have no further obligations hereunder.
Appears in 1 contract
Samples: Lease Agreement (North American Technologies Group Inc /Mi/)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than later then thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 1 contract
Samples: Industrial Lease (Rockford Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein where Landlord has failed to perform such obligationsobligation; provided, provided however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to each lender secured by a lien against the holder of any first mortgage or deed of trust covering the Premises Project whose name and address shall have heretofore previously been furnished to Tenant in writing, specifying wherein the obligation Landlord has failed to perform such obligationsperform; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Lease (Exodus Communications Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails falls to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Lease Agreement (Oni Systems Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first each mortgage or deed of trust covering the Premises whose name and address shall have heretofore at any time been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, 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.completion.
Appears in 1 contract
Samples: Commercial Lease
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) thirty-day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: General Lease (Copart Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been be furnished to Tenant in writing, specifying wherein the obligation(s) Landlord has failed to perform such obligationsperform; provided, however, that if If the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord under this Lease within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore therefore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 1 contract
Samples: Building Lease (Corixa Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if If Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Lease Agreement (Maxtor Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of by Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises Premises, whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of the Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord or any such lienholder commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Sublease Agreement (Arterial Vascular Engineering Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of if Landlord's obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord 19 20 commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Lease Agreement (Transmeta Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 1 contract
Samples: Lease Agreement
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Leased Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) -day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that ----------------- more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Default by Landlord. Notwithstanding anything which may be contained anywhere in this lease to the contrary, Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name Premises, and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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. Tenant's remedy for default by the Landlord shall be limited to money damages and shall not include the right to terminate this Lease.
Appears in 1 contract
Samples: Lease Agreement (Cdex Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, provided however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) thirty-day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless Landlord fails and until it has failed to perform obligations required of Landlord such obligation within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performance, its performance then Landlord shall not be deemed to be in default if Landlord commences it shall commence such performance within such thirty (30) thirty-day period and thereafter diligently prosecutes prosecute the same to completion.to
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose Premises, the name and address shall have heretofore for that holder having been furnished to Tenant in writing, specifying wherein in what respect Landlord has failed to perform such obligations; providedthe obligation. However, however, that if the nature of Landlord's obligations is such that obligation requires more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance to perform within such thirty (30) day period days after notice from Tenant and thereafter afterwards diligently prosecutes the same to completioncompletes it.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Western Multiplex Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, provided however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord and has not cured such default within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Sublease Agreement (Zapme Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in In writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if If the nature of Landlord's obligations Landlords obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) -day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to any mortgagee, trustee or ground lessor of the holder of any first mortgage or deed of trust covering the Premises Project (each a “Holder”) whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein that Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations Lxxxxxxx’s obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Building Lease (Neonode, Inc)
Default by Landlord. Notwithstanding anything to the contrary in this Lease, in no event shall Landlord shall not be in default under this Lease unless Landlord fails to perform obligations any of the terms, covenants, conditions, agreements, or provisions of this Lease required of Landlord to be done by Landlord, within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, said failure (except that if when the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are reasonably required for its performance, then Landlord shall not be deemed in default if Landlord it commences performance within such the thirty (30) day period and thereafter diligently prosecutes pursues the same cure to completion).
Appears in 1 contract
Samples: Ground Lease
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if it Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Standard Industrial Lease (Aftermarket Technology Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 1 contract
Samples: Lease Agreement
Default by Landlord. Landlord shall not be in default unless Landlord Xxxxxxxx fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant Xxxxxx to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose Leased Premises, the name and address shall have heretofore for that holder having been furnished to Tenant in writing, specifying wherein in what respect Landlord has failed to perform such obligations; providedthe obligation. However, however, that if the nature of Landlord's obligations is such that ’s obligation requires more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance to perform within such the thirty (30) day period and thereafter afterwards diligently prosecutes the same to completioncompletes it.
Appears in 1 contract
Samples: Industrial Lease
Default by Landlord. Landlord shall not be in default under this ------------------- Lease unless Landlord fails to perform obligations required of Landlord hereunder within a reasonable time, but in no no, event earlier later than thirty (30) 30 days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) 30 days are required for 'performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) 30 day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Office Lease (Iown Holdings Inc)
Default by Landlord. Landlord shall not be in default unless ------------------- Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance 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.
Appears in 1 contract
Samples: Lease (Qualstar Corp)
Default by Landlord. Landlord shall not be in default ------------------- unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to each lender secured by a lien against the holder of any first mortgage or deed of trust covering the Premises Project whose name and address shall have heretofore previously been furnished to Tenant in writing, specifying wherein the obligation Landlord has failed to perform such obligationsperform; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Lease (Exodus Communications Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
Default by Landlord. Landlord shall not be in default hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and and, following Landlord's failure to the holder of any first mortgage or deed of trust covering the Premises act within such thirty (30) day notice period, to each Mortgagee whose name and address shall have heretofore theretofore been furnished to Tenant in writing, writing specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.commences
Appears in 1 contract
Samples: Multi Plex Theater Lease (Cinemastar Luxury Theaters Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises Mortgagee whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's ’s obligations is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Lease Agreement (Neophotonics Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than later sooner thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises Lender whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of the Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance performances within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Sublease Agreement (Amazon Com Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier sooner than thirty ten (3010) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises Lender whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of the Landlord's obligations obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance performances within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Appears in 1 contract
Samples: Lease Agreement (Greatfood Com Inc)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, 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.
Appears in 1 contract
Samples: Sublease Agreement (Zapme Corp)
Default by Landlord. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and Landlord, or to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations obligation is such that more than thirty (30) days are required for performance, performance then Landlord shall not be in default if Landlord commences performance within such thirty (30) -day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 1 contract
Samples: Office Building Lease (Convera Corp)
Default by Landlord. 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 earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder Holder of any first mortgage or deed of trust covering Mortgage encumbering the Premises Property whose name and address shall have heretofore theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationsobligation; provided, however, that if the nature of Landlord's obligations ’s obligation is such that more than thirty (30) days are required for performanceits cure, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes pursues the same to completion.
Appears in 1 contract
Samples: Lease Agreement (Nitromed Inc)