Common use of Default by Landlord Clause in Contracts

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 33 contracts

Samples: Office Space Lease (Diedrich Coffee Inc), Industrial Lease (Quantum Corp /De/), Industrial Lease (Rainbow Technologies Inc)

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Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) 30 days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) 30 days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) 30 day period and thereafter diligently pursues the cure to completion.

Appears in 32 contracts

Samples: Lease Agreement (Linkhome Holdings Inc.), Lease (Capstone Dental Pubco, Inc.), Lease Agreement (AVITA Medical, Inc.)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 20 contracts

Samples: Office Space Lease, Office Space Lease (BofI Holding, Inc.), Office Space Lease (Neothetics, Inc.)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion. Except as expressly provided in this Lease, no delay or omission of Tenant to exercise any right or remedy shall be construed as a waiver of the right or remedy or of any default by Landlord.

Appears in 4 contracts

Samples: Industrial Lease (Alsius Corp), Industrial Lease (Minimed Inc), Industrial Lease (Emachines Inc /De/)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within a reasonable time not to exceed thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 3 contracts

Samples: Industrial Lease (New Century Financial Corp), Lease Agreement (New Century Financial Corp), Lease Agreement (New Century Financial Corp)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed Landlord fails to perform the obligation obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord, specifying wherein Landlord specifying in reasonable detail the nature and extent of the failurehas failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord commences performance within the such thirty (30) day period and thereafter diligently pursues prosecutes the same to completion. Any failure by Landlord to so timely commence the cure to completionwill result in a default hereunder.

Appears in 2 contracts

Samples: Sublease Agreement (Transatlantic Petroleum Ltd.), Office Lease (Transatlantic Petroleum Ltd.)

Default by Landlord. Except as otherwise specifically provided in this Lease, Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion. In the event of a default by Landlord beyond any applicable notice and cure period, Tenant shall have all rights and remedies at law and in equity.

Appears in 2 contracts

Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed Landlord fails to perform the obligation obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord, specifying wherein Landlord specifying in reasonable detail the nature and extent of the failurehas failed to perform such obligation; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord commences performance within the such thirty (30) day period and thereafter diligently pursues prosecutes the same to completion. Any failure by Landlord to so timely commence the cure to completionwill result in a default hereunder.

Appears in 2 contracts

Samples: Office Lease (Transatlantic Petroleum Ltd.), Office Lease (Transatlantic Petroleum Ltd.)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed Landlord fails to perform the obligation obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failureobligation Landlord has failed to perform; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord commences performance within the such thirty (30) day period and thereafter diligently pursues prosecutes the cure same to completion.

Appears in 2 contracts

Samples: Office Lease (Twilio Inc), Office Lease (Twilio Inc)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed Landlord fails to perform the obligation its obligations within thirty (30) days after written notice by Tenant Tenant, specifying wherein Landlord has failed to Landlord specifying in reasonable detail the nature and extent of the failureperform; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it Landlord commences performance within the thirty (30) day period days of Tenant’s notice and thereafter diligently pursues completes performance within a reasonable time; or the repeated failure by Landlord to make any payment or perform any of the materially substantial covenants, conditions or provisions of this Lease at such time or in the manner provided, and beyond any applicable cure to completionperiods.

Appears in 2 contracts

Samples: Office Space Lease (Captaris Inc), Office Space Lease (Captaris Inc)

Default by Landlord. Landlord shall not be deemed to be in default in on the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 1 contract

Samples: Industrial Lease (Dental Medical Diagnostic Systems Inc)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease Lease, and Tenant shall have no rights to take any action against Landlord, unless and until it Landlord has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 1 contract

Samples: Lease Agreement (Micrus Endovascular Corp)

Default by Landlord. Except as otherwise expressly provided in this Lease, Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed Landlord fails to perform the obligation obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord, specifying wherein Landlord specifying in reasonable detail the nature and extent of the failurehas failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performancecure, then Landlord shall not be deemed to be in default if it Landlord commences performance within the such thirty (30) day period and thereafter diligently pursues the cure same to completion.

Appears in 1 contract

Samples: Industrial Lease Agreement (G Iii Apparel Group LTD /De/)

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Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 1 contract

Samples: Industrial Lease (Oculex Pharmaceuticals Inc /)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's Landlords obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 1 contract

Samples: Industrial Lease (Sunpower Corp)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease Lease, and Tenant shall have no rights to take any action against Landlord, unless and until it Landlord has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 1 contract

Samples: Lease (Micrus Corp)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be he deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 1 contract

Samples: Industrial Lease (Silicon Storage Technology Inc)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) 30 days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) 30 days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) 30 day period and thereafter diligently pursues the cure to completion. 14.

Appears in 1 contract

Samples: Lease Agreement (ReShape Lifesciences Inc.)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is i such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.

Appears in 1 contract

Samples: Sublease Agreement (Vision Solutions Inc)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion. In the event of a default by Landlord, Tenant shall have all remedies available at law or in equity.

Appears in 1 contract

Samples: Office Space Lease (Myers Steven & Associates Inc)

Default by Landlord. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease unless and until it has failed to perform the obligation within thirty (30) 30 days after written notice by Tenant to Landlord specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Landlord's ’s obligation is such that more than thirty (30) 30 days are required for its performance, then Landlord shall not be deemed to be in default if it commences performance within the thirty (30) 30 day period and thereafter diligently pursues the cure to completion.. ​

Appears in 1 contract

Samples: Lease Agreement (Mullen Automotive Inc.)

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