Common use of Default by Lessor Clause in Contracts

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee.

Default by Lessor. Should Lessor shall not be in default in the performance any of any obligation required to be performed Lessor's obligations under this Lease unless Lessor has failed to perform such obligation within after thirty (30) days after the receipt of written notice from Lessee specifying the nature of such default, including, but not limited to, Lessor's duty to pay debt service payments or in detail its obligation to repair, maintain and/or replace portions of the Premises, upon Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of Lessee's notice thereof (or if said default or omission complained of shall be of such a nature that the defaultsame cannot be completely cured or remedied within said thirty (30) day period, and if Lessee shall not have diligently commenced curing such default with such thirty (30) day period, and shall not thereafter with reasonable diligence and in good faith proceed to remedy or cure such default within such longer period a commercially reasonable amount of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the defaulttime), Lessee may exercise such shall have and enjoy (but shall have no obligation), in addition to any other rights and remedies under this Lease or remedies as under common law, in equity or by statute (all of which shall be cumulative and no action by Lessee shall be deemed an election of remedies or a cure of Lessor's default): (i) the rights to divert and offset from rent and other payments hereunder due to Lessor, as provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of (ii) the right to terminate this Lease by Lessor and shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of all damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees and costs), together with interest thereon at the out-of-pocket expenditures Interest Rate until paid, directly incurred by Lessee as a result of a such default by Lessorless that which Lessor proves could reasonably be avoided. In any no event, it is expressly understood and agreed that notwithstanding anything however, shall Lessor be liable for any indirect or consequential damages to Lessee, such as loss of profits, customers, goodwill, etc. Lessee shall be under a duty to exercise diligence in any effort to mitigate its damages. Mention in this Lease to the contrary, and notwithstanding of any applicable particular remedy shall not preclude Lessee from any other remedy allowed at law to the contraryor in equity, the liability foregoing remedies and rights of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lesseebeing cumulative.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in Lessor's liability to Lessee for damages resulting from Lessor's breach of any provision or provisions of this Lease shall not exceed the value of Lessor's equity interest in the Building. Lessee hereby waives and relinquishes any right which Lessee may have to the contrary, and notwithstanding terminate this Lease or withhold any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse payment owed by Lessee against Lessor shall be limited solely under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee1942).

Default by Lessor. The Lessor shall not be in default in the performance of any obligation required of the obligations of the Lessor under the Lease, uunless the Lessor fails to be performed under this Lease unless perform such obligations within a reasonable time, but in no event less than thirty (30) days after written notice by the Lessee to the Lessor specifying wherein the Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to performobligations; provided, however, that if the nature of the Lessor's obligation ’s default is such that more than thirty (30) days are required for its performancecure, then the Lessor shall not be deemed in default if it shall commence the Lessor commences such performance cure within such thirty (30) days day period and thereafter diligently pursue prosecutes the same to completion. In the event of any such default by the Lessor, the Lessee may pursue any remedy now or hereafter available to the Lessee under the laws of judicial decisions of the State of California, except that the Lessee shall not have no rights the right to terminate this Lease except as a result expressly provided herein nor to set off against any payments due under this Lease. The Lessee waives any right to deduct the expenses of repairs done by the Lessor on the Lessor’s behalf from the rent and waives, except as herein provided, any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to of the Lessor’s obligations for tenantability of the Building or the PropertyPremises. Notwithstanding the foregoing, specifying in the nature of event Lessor fails to perform its obligations under the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default Lease within thirty (30) days after receipt of notice written notice, and such failure has a material and adverse affect upon Lessee’s use or occupancy of the defaultPremises, or Lessee shall have the right to perform such obligations on Lessor’s behalf and Lessor shall reimburse Lessee the reasonable cost thereof within such longer period fifteen (15) days after Lessee’s written demand therefor, except in the event of time as may reasonably be necessary to cure a dispute between the defaultparties in which event Lessor shall reimburse Lessee within fifteen (15) days after judgement in favor of Lessee by a court of competent jurisdiction. If Lessor or fails to reimburse Lessee within fifteen (15) days after such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained court’s judgment in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor’s favor, Lessee shall not be allowed have the right to recover from Lessor consequential damages or damages in excess of offset such amount against the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in Rent payable under this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under LesseeLease.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's ’s failure to perform; provided, however, that if the nature of Lessor's ’s obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completioncompletion within sixty (60) days after the original Notice to Lessor of such failure. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' ’ notice to any person who has a recorded interest pertaining to the Building or the PropertyProperty and who has previously requested such notice in a document delivered to and acknowledged by Lessee and to whom Lessee has agreed to provide a cure right, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the defaultdefault not exceeding an additional thirty (30) days. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee.

Default by Lessor. Lessor shall not be in default in the performance hereunder if Lessor shall fail to observe or perform any term, covenant or condition of any obligation required this Lease on its part to be performed under this Lease unless Lessor has failed to perform and such obligation within thirty (30) failure shall continue for a period of 30 days after the receipt written notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of notice from Lessee specifying 30 days, in detail Lessor's which case such failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default to continue if it shall commence such performance Lessor, within thirty (said 30) days -day period, proceeds promptly and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary with due diligence to cure the defaultfailure and diligently completes the curing thereof. If The time within which Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law obligated to recover cure any damages proximately caused by such default. Notwithstanding anything default of its obligations under this Lease shall also be subject to extension of time due to the contrary contained in occurrence of any Unavoidable Delay. In addition to the self-help remedy afforded Lessee under Section 30.2 of this Lease, Lessee's remedy for any breach or default upon the occurrence of this Lease by a Special Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from LessorDefault Event (as defined below), Lessee shall not also be allowed permitted to recover terminate this Lease and purchase the Leased Property from Lessor consequential damages or damages in excess of for a purchase price equal to the Minimum Purchase Price minus an amount equal to the actual out-of-pocket expenditures cost to cure incurred by Lessee as by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a result notice thereof to Lessor specifying a Payment Date occurring no less than 90 days subsequent to the date of such notice on which it shall purchase the Leased Property, and the same shall be thereupon conveyed in accordance with the provisions of Article 17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid. In addition to the self-help remedy afforded Lessee under Section 30.2 of this Lease, upon the occurrence of a default by LessorLessor (other than a Special Lessor Default Event) which remains uncured beyond the notice and cure period set forth above, Lessee, as its sole additional remedy, shall be entitled to sue for Lxxxxx’s actual damages arising from such default. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contraryAs used herein, the liability term “Special Lessor Default Event” means, individually and collectively, (i) the occurrence of a default by Lessor which continues beyond the notice and cure periods pursuant to this Section 30.1, which default arises solely out of an obligation of Lessor hereunder which can be satisfied with the payment of money, or (including any successor lessorii) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest failure of Lessor in to satisfy any final, unsecured and to the Property unappealable judgment arising out of Lessor’s obligations under this Lease and Building, and the rents therefrom, and neither Lessor, nor any which is rendered by a court of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lesseecompetent jurisdiction.

Default by Lessor. The Lessor shall not be in default in the performance of any obligation required of the obligations of the Lessor under the Lease, unless the Lessor fails to be performed under this Lease unless perform such obligations within a reasonable time, but in no event more than thirty (30) days after written notice by the Lessee to the Lessor specifying wherein the Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to performobligations; provided, however, that if the nature of the Lessor's obligation default is such that more than thirty (30) days are required for its performancecure, then the Lessor shall not be deemed in default if it shall commence the Lessor commences such performance cure within such thirty (30) days day period and thereafter diligently pursue prosecutes the same to completion. In the event of any such default by the Lessor, the Lessee may pursue any remedy now or hereafter available to the Lessee under the laws of judicial decisions of the State of California, except that the Lessee shall not have no rights the right to terminate this Lease except as a result expressly provided herein nor to set off against any payments due under this Lease. The Lessee waives any right to deduct the expenses of repairs done by the Lessee on the Lessor’s behalf from the rent and waives, except as herein provided, any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to of the Lessor’s obligations for tenantability of the Building or the PropertyPremises. In the case of an emergency, specifying or if Lessor has not completed a repair or maintenance that is required under the nature Lease within 30 days following Lessee’s notice to Lessor (except that such 30 days shall be extended on day for day basis due to Force Majeure), that prevents Lessee’s occupancy or use of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, Premises or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the defaultparking area, Lessee may exercise make or complete any such rights Lessor responsible repair or remedies as maintenance and submit the invoice for same to Lessor for reimbursement to Lessee of Lessee’s reasonable actual costs incurred with such repair or maintenance, and said reimbursement shall be provided paid to Lessee within 30 days following Lessor’s receipt of Lessee’s invoice accompanied by receipts or permitted by law to recover other evidence of such costs, proof of payment thereof and lien waivers from any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lesseecontractors and/or materialmen.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any Reviewed: Lessor’s initials:_____ successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. If Lessor shall not be in default in fail to keep, observe or perform any of the performance of any obligation required terms, covenants or conditions herein to be kept, observed and performed under this Lease unless by Lessor, and such default has not been cured by Lessor has failed to perform such obligation within thirty (30) days after Tenant has given written notice to Lessor, and provided that Lessor is not diligently and effectively in the receipt process of notice curing the default, then Tenant in addition to any other rights or remedies available to Tenant hereunder, shall have: (i) the right, at its option, to cure such default by such acts as may be reasonably necessary under the circumstances, and to offset any and all expense thereof, including reasonable attorneys’ fees, against amounts due to Lessor from Lessee specifying in detail Lessor's failure to performTenant; provided, however, that (ii) if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice is such as to any person who has a recorded interest pertaining constructively evict or effectively dispossess Tenant, or substantially destroy Tenant’s right to the Building or the Propertyquiet enjoyment, specifying the nature of the default. Such person Tenant shall then have the right to invoke any and all rights and remedies Tenant may have at law and in equity; or (iii) the option to exercise any other rights or remedies which Tenant may have at law or equity. Notwithstanding the foregoing, the notice and cure such default, and period provided to Lessor above shall not be deemed in apply to Lessor’s obligation to timely deliver the Premises as required under this Lease. If Tenant makes any advances because of a default if such person cures such default by Lessor not cured within thirty (30) days after receipt notice from Tenant, Lessor is obligated to repay the full amount of notice such advances, together with interest on the amount advanced at the rate of interest set forth in Section 5 hereof (18% per annum or the defaultmaximum rate of interest permitted by law). No remedy herein or otherwise conferred upon or reserved to Tenant shall be considered to exclude or suspend any other remedy but the same shall be cumulative and shall be in addition to every other remedy given hereunder, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor now or such person does not cure the defaulthereafter existing at law or in equity or by statute, Lessee may exercise such rights or remedies as shall be provided or permitted and every power and remedy given by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, Tenant may be exercised from time to time and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall so often as occasion may arise or as may be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lesseedeemed expedient.