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 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 Demised Premises whose name and address shall theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; 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. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, and Tenant’s remedies shall be limited to actual (not consequential or punitive) damages and/or an injunction.
Appears in 4 contracts
Samples: Lease Agreement, Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)
Default by Landlord. Landlord shall not be in default under this Lease unless Landlord or the beneficiary under any deed of trust fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder beneficiary of any first mortgage or deed of trust covering the Demised Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; 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 or said beneficiary commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, 's default and Tenant’s 's remedies shall be limited to actual (not consequential or punitive) damages and/or an injunction.
Appears in 4 contracts
Samples: Commercial Lease (Bay Area Bancshares), Commercial Lease (Penn Octane Corp), Commercial Lease (Bay Area Bancshares)
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 later than thirty (30) days after receipt of written notice by from Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Demised Premises and ground lessor whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein that Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligations obligation is such that more than thirty (30) days are reasonably 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. In no event shall Tenant have the waives any right to terminate this Lease as a result of or to vacate the Premises on Landlord’s default, nor may Tenant exercise any self help, and default under this Lease. Tenant’s remedies shall be limited to actual (not consequential sole remedy on Landlord’s default is an action for damages or punitive) damages and/or an injunctioninjunctive or declaratory relief.
Appears in 3 contracts
Samples: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY 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 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 Demised Premises whose name and address shall theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; 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. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, and Tenant’s remedies shall be limited to actual (not consequential or punitive) damages and/or an injunction.
Appears in 3 contracts
Samples: Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp), Business Lease (VCG Holding Corp)
Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed all mortgages and deeds of trust covering the Demised Leased Premises whose name names and address addresses shall theretofore have been furnished to Tenant in writing, specifying . The notice shall specify wherein Landlord has failed to perform such obligation; 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 further agrees not to invoke any of its remedies under this Lease and which Tenant otherwise may have until such thirty (30) days have elapsed. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s defaultdefault and, nor may Tenant exercise any self helpsubject to Section 30, and Tenant’s remedies shall be limited to actual (not consequential or punitive) damages and/or an injunctiondamages.
Appears in 2 contracts
Samples: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)
Default by Landlord. Landlord shall not be in breach or default under this Lease unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later shall such time be 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 Demised Leased Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying . The notice shall specify wherein Landlord has failed to perform such obligation; provided. Notwithstanding the foregoing, 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 breach or default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, except as otherwise provided herein. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s 's breach or default, nor may Tenant exercise any self help, and Tenant’s 's remedies shall be limited to actual (not consequential or punitive) damages and/or an injunctionaward of monetary damages.
Appears in 2 contracts
Samples: Office Lease (Eddie Bauer Holdings, Inc.), Office Lease (Eddie Bauer Holdings, 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 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 Demised Premises whose name and address shall theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; 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. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, and Tenant’s remedies shall be limited to actual (not consequential or punitive) damages and/or an injunction.. JD Tenant’s Initials THL
Appears in 1 contract
Samples: Business Lease (VCG Holding 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 timetime after written notice, but in no event later than thirty (30) days after written notice by Tenant to Landlord Landlord, and to the holder of any the first mortgage or deed of trust covering the Demised Premises Premises, or to its successor in interest whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein therein that Landlord has failed to perform such obligation; 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. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, 's default and Tenant’s Xxxxxx's remedies shall be limited to actual (not consequential or punitive) damages and/or an injunction.
Appears in 1 contract
Samples: Office Lease (Tek Digitel 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 any event later than thirty (30) 30 days after written notice by certified mail by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Demised Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying . Said notice shall specify wherein Landlord has failed to perform such obligation; 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) -day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said 30 days have elapsed. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, 's default and Tenant’s 's remedies shall be limited to actual (not consequential or punitive) damages and/or an injunctioninunction; and in no case may the Tenant withhold rent or claim a set-off or deduction from rent.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default under this Lease hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than thirty forty-five (3045) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Demised Premises whose name and address shall theretofore been furnished to Tenant Premises, or the lessor of any underlying or ground lease affecting the Project, in writing, writing specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligations obligation is such that more than thirty forty-five (3045) days are is required for performance performance, then Landlord shall not be in default if Landlord commences performance within such thirty forty-five (3045) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, and ; Tenant’s remedies shall be limited to actual (not consequential any other remedy available at law or punitive) damages and/or an injunctionin equity. Nothing herein contained shall be interpreted to mean that Tenant is excused from paying rent due hereunder as a result of any default by Landlord.
Appears in 1 contract
Default by Landlord. Landlord shall not be in default under this Lease hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than thirty forty-five (3045) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Demised Premises whose name and address shall theretofore been furnished to Tenant Premises, or the lessor of any underlying or ground lease affecting the Project, in writing, writing specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligations obligation is such that more than thirty forty-five (3045) days are is required for performance performance, then Landlord shall not be in default if Landlord commences performance within such thirty forty-five (3045) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, and ; Tenant’s remedies shall be limited to actual (not consequential any other remedy available at law or punitive) damages and/or an injunction.in equity. Nothing herein contained shall be interpreted to mean that Xxxxxx is excused from paying rent due hereunder as a result of any default by Landlord. See Addendum Paragraph 14.5
Appears in 1 contract
Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed all mortgages and deeds of trust covering the Demised Leased Premises whose name names and address addresses shall theretofore have been furnished to Tenant in writing, specifying . The notice shall specify wherein Landlord has failed to perform such obligation; 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) day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease and which Tenant otherwise may have until such thirty (30) days have elapsed. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s defaultdefault and, nor may Tenant exercise any self helpsubject to Section 30, and Tenant’s remedies shall be limited to actual (not consequential or punitive) damages and/or an injunctiondamages.
Appears in 1 contract
Samples: Office Lease (Smartsheet 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 any event later than thirty (30) 30 days after written notice by certified mail by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Demised Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying writing Said notice shall specify wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligations Landlord 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 commence performance within such thirty (30) -day period and thereafter diligently prosecutes the same to completion. Tenant further agrees not to invoke any of its remedies under this Lease until said 30 days have elapsed. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, 's default and Tenant’s 's remedies shall be limited to actual (not consequential or punitive) damages and/or an injunction; and in no case may the Tenant withhold rent or claim a set-off or deduction from rent.
Appears in 1 contract
Samples: Office Lease (Virage Logic Corp)
Default by Landlord. Landlord shall not be in default under this Lease hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than thirty forty-five (3045) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Demised Premises whose name and address shall theretofore been furnished to Tenant Premises, or the lessor of any underlying or ground lease affecting the Project, in writing, writing specifying wherein Landlord has failed to perform such obligationobligations; provided, however, that if the nature of Landlord’s 's obligations is such that more than thirty forty-five (3045) days are is required for performance performance, then Landlord shall not be in default if Landlord or such holder commences performance within such thirty forty-five (3045) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of any default or defaults by Landlord’s default, nor may Tenant exercise any self help, and Tenant’s 's remedies shall be limited to actual (not consequential any other remedy available at law or punitive) in equity, including monetary damages and/or an injunctionand injunctive relief. Nothing herein contained shall be interpreted to mean that Tenant is excused from paying Rent due hereunder as a result of any default by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Svi Solutions Inc)
Default by Landlord. Landlord shall not be in default under this Lease hereunder unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later 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 Demised Premises whose name and address shall theretofore have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligationobligations; provided, however, that if the nature of Landlord’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. In no event shall Should Landlord fail to perform said obligations as above provided, then the sole remedy of Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, and Tenant’s remedies shall be limited to actual (the performance of such obligations by Tenant with right of reimbursement from Landlord for the reasonable value of performing the same, not consequential or punitive) damages and/or an injunctionexceeding the sum actually expended by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Advanced Analogic Technologies Inc)
Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later less than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed all mortgages and deeds of trust covering the Demised Leased Premises whose name names and address addresses shall theretofore have been furnished to Tenant in writing, specifying . The notice shall specify wherein Landlord has failed to perform such obligation; 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. Tenant further agrees not to invoke any of its remedies under this Lease and which Tenant otherwise may have until such thirty (30) days have elapsed. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default's default and, nor may Tenant exercise any self helpsubject to Section 30, and Tenant’s 's remedies shall be limited to actual (not consequential or punitive) damages and/or an injunctiondamages.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Default by Landlord. Landlord shall not be in default under this Lease unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later less than thirty Thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed all mortgages and deeds of trust covering the Demised Leased Premises whose name names and address addresses shall theretofore have been furnished to Tenant in writing, specifying . The notice shall specify wherein Landlord has failed to perform such obligation; 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 further agrees not to invoke any of its remedies under this Lease and which Tenant otherwise may have until such thirty (30) days have elapsed. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s defaultdefault and, nor may Tenant exercise any self helpsubject to Section 30, and Tenant’s remedies shall be limited to actual (not consequential or punitive) damages and/or an injunctiondamages.
Appears in 1 contract
Samples: Office Lease (Smartsheet 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 later than thirty (30) days after the receipt of written notice of default by Tenant to Landlord and to by the holder of any first mortgage or deed of trust covering the Demised Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; , 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 days period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord’s default, nor may Tenant exercise any self help, 's default and Tenant’s 's remedies shall be limited to actual (not consequential or punitive) damages and/or an injunction.
Appears in 1 contract
Samples: Asset Purchase Agreement (Cet Environmental Services Inc)