Common use of Default by Lessor Clause in Contracts

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) days after written notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of forty-five (45) days, in which case such failure shall not be deemed to continue if Lessor, within said forty-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described above, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (180) 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 XVIII.

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Repurchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIIIXVII. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid.

Default by Lessor. Lessor shall not be in default in the performance of its obligations any obligation required to be performed under this Lease if unless Lessor shall fail has failed to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five obligation within thirty (4530) days after written the receipt of notice thereof from LesseeLessee specifying in detail Lessor's failure to perform; provided, unless however, that if the nature of Lessor's obligation is such failure cannot with due diligence be cured within a period of forty-five that more than thirty (4530) daysdays are required for its performance, in which case such failure 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 continue 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 Lessorsuch person cures such default within thirty (30) days after receipt of notice of the default, or within said forty-five (45) day period, proceeds promptly and with due diligence such longer period of time as may reasonably be necessary to cure the failure and diligently completes default. If Lessor or such person does not cure the curing thereofdefault, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. The time within which Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be obligated limited to cure 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 such failure shall also be subject to extension of time due event, it is expressly understood and agreed that notwithstanding anything in this Lease to the occurrence 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 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 Unavoidable Delay. In damage, condemnation, destruction or state of disrepair of the event Lessor fails to cure any such default within the grace period described above, LesseePremises (including, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, purchase limiting the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price generality of the Leased Property. In the event Lessee elects to purchase the Leased Propertyforegoing, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (180) days subsequent to the date of such notice on which it shall purchase the Leased Propertythose rights under California Civil Code Sections 1941, 1941.1 and the same shall be thereupon conveyed in accordance with the provisions of Article XVIII1942).

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price Amount or the Minimum Purchase Amount of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIIIXVII. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid.

Default by Lessor. Lessor shall be in default of its obligations ----------------- under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Purchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIII17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the, date due and payable until the date paid.

Default by Lessor. Lessor shall be in default of its obligations under ------------------ this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Purchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIII17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the, date due and payable until the date paid.

Default by Lessor. Lessor shall not be in default in the performance of its obligations any obligation required to be performed under this Lease if unless Lessor shall fail has failed to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five obligation within thirty (4530) days after written the receipt of notice thereof from LesseeLessee specifying in detail Lessor’s failure to perform; provided, unless however, that if the nature of Lessor’s obligation is such failure cannot with due diligence be cured within a period of forty-five that more than thirty (4530) daysdays are required for its performance, in which case such failure then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue Reviewed: the same to continue 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 Lessorsuch person cures such default within thirty (30) days after receipt of notice of the default, or within said forty-five (45) day period, proceeds promptly and with due diligence such longer period of time as may reasonably be necessary to cure the failure 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. In any event, it is expressly understood and diligently completes agreed that notwithstanding anything in this Lease to the curing thereof. The time within which 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 obligated to cure any such failure shall also be subject to extension of time due limited solely and exclusively to the occurrence interest of any Unavoidable Delay. In Lessor in and to the event Lessor fails to cure any such default within the grace period described above, Lessee, without waiving or releasing any obligations hereunderProperty and Building, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to neither Lessor, purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price nor any of the Leased Property. In the event Lessee elects to purchase the Leased Propertyits constituent partners, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (180) days subsequent to the date of such notice on which it shall purchase the Leased Propertyhave any personal liability therefor, and the same shall be thereupon conveyed in accordance with the provisions Lessee hereby expressly waives and releases such personal liability on behalf of Article XVIIIitself and all persons claiming by, through or under Lessee.

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Minimum Purchase Price minus an amount equal to any damage suffered by Lessee by reason of the Leased Propertysuch default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIIIXVII. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid.

Default by Lessor. Lessor shall be in default of its obligations ----------------- under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Purchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIII17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid.

Default by Lessor. DEFAULT BY LESSOR. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Repurchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIII.XVII. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid. 41

Default by Lessor. a. Lessor shall not be deemed to be in default in the performance of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part obligation required to be performed by it hereunder unless and until it has failed to perform such failure shall continue for a period of forty-five obligations within thirty (4530) days after written notice thereof from Lesseeby Lessee to Lessor specifying wherein Lessor has failed to perform such obligation, unless provided, however, that if the nature of Lessor's obligation is such failure cannot with due diligence be cured within a period of forty-five that more than thirty (4530) daysdays are required for its performance, in which case such failure then Lessor shall not be deemed to continue be in default if it shall commence such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion. In no event shall Lessor be liable to Lessee for loss of profits, business interruption, or consequential damages if Lessor performs its obligations within the time periods specified in this paragraph. b. Lessee agrees to give any mortgage and/or trust deed holders, by Registered Mail, a copy of any Notice Of Default served upon the Lessor, within said forty-five provided that prior to such notice Lessee has been notified in writing (45by way of Notice Of Assignment Of Rents And Leases, or otherwise) day period, proceeds promptly and with due diligence of the address of such mortgage and/or trust deed holder. Lessee further agrees that if Lessor shall have failed to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovetime provided for in this Lease, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty then the mortgagees and/or trust deed holders shall have an additional thirty (20) Business Days' prior written notice to Lessor, purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (18030) days subsequent within which to the date cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary to cure such default (including, but not limited to, commencement of foreclosure proceedings, if necessary to effect such notice on cure), in which it event this Lease shall purchase the Leased Property, and the same shall not be thereupon conveyed in accordance with the provisions of Article XVIIIterminated while such remedies are being so diligently pursued.

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Purchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIII17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid.

Default by Lessor. In the event of any default by Lessor hereunder, ----------------- Lessee may seek any remedy at law or in equity except the right to terminate this Agreement, however, Lessee hereby waives the benefit of any laws granting it a lien upon the property of Lessor and/or upon the Base Rent due to Lessor; but prior to any such action, Lessee shall give Lessor written notice specifying such default with reasonable detail, and Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five thereupon have thirty (4530) days after written notice thereof from Lessee, unless in which to cure any such failure default. If such default cannot with due diligence reasonably be cured within a period of forty-five such thirty (45) days, in which case such failure shall not be deemed to continue if Lessor, within said forty-five (4530) day period, proceeds promptly the length of such period shall be extended for the period reasonably required therefor if Lessor commences curing such default within such thirty (30) day period and with due diligence to cure the failure and diligently completes continues the curing thereofthereof with reasonable diligence. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Unless Lessor fails to cure any default after such default within the grace period described abovenotice, LesseeLessee shall not have any remedy or cause of action. All obligations of Lessor hereunder shall be construed as covenants, without waiving or releasing any obligations hereundernot conditions. In addition, and in addition Lessee specifically agrees to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice look solely to Lessor's interest in the Property for the recovery of any judgment against Lessor pursuant to this Lease, purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price it being agreed that neither Lessor, nor any successors or assigns of Lessor, nor any future owner of the Leased Property. In the event Lessee elects to purchase the Leased Property, it Building shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (180) days subsequent to the date of ever be personally liable for any such notice on which it shall purchase the Leased Property, and the same shall be thereupon conveyed in accordance with the provisions of Article XVIIIjudgment.

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Purchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIII.on

Default by Lessor. Lessor shall not be in default responsible for any delay or failure In the observance or performances of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant term or condition of this Lease on its part to be observed or performed by Lessor to the extent that such delay results from action or order of governmental authorities; civil commotions; strikes, fires, ads of God or the public enemy; act or default of any Lessee in the Building, inability to procure labor, material, fuel, electricity, or other forms of energy; or any other cause beyond the reasonable control of Lessor, whether or not similar to the matters herein specifically enumerated. Any delay shall extend by like time any period or performance by Lessor and such failure shall continue for a period of forty-five (45) days after written notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of forty-five (45) days, in which case such failure shall not be deemed a breach of, or failure to continue if Lessorperform, within said forty-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing this Lease or any provisions thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event of any default under this Lease by Lessor. Lessee, before exercising any rights that it may have at law to cancel this Lease, shall have given notice of such default to Lessor fails and shall have offered Lessor a reasonable opportunity to correct and cure the default, Lessee also agrees to give the holders of any mortgages or deeds of trust (mortgages), by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice Lessee has been notified in writing (by way of Noticed Assignment of Rents and Leases, or otherwise) of the addresses of such mortgagees. Lessee further agrees that If Lessor shall have failed to cure any such default within the grace period described aboveaforesaid time limit, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty then the mortgagees shall have an additional thirty (20) Business Days' prior written notice to Lessor, purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (18030) days subsequent within which to one such default or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days any mortgagees has commenced and is diligently pursuing the date remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to effect such notice on cure), in which it event this Lease shall purchase the Leased Property, and the same shall not be thereupon conveyed in accordance with the provisions of Article XVIIIterminated while such remedies are being so diligently pursued.

Default by Lessor. A default by Lessor ("Lessor Default") shall be in default of its obligations under this Lease have occurred if Lessor shall fail fails to observe perform or perform comply with any term, provision, or covenant or condition of this Lease on its part to be performed and such failure Agreement, all of which terms, provisions, or covenants shall continue for a period of forty-five (45) days after written notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of forty-five (45) days, in which case such failure shall not be deemed to continue if Lessorbe material, within said forty-five (45) day period, proceeds promptly and with due diligence Lessor fails to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to correct or cure any such failure default prior to the expiration of 15 days, except as specified otherwise in this Lease Agreement, following written notice of default given by Lessee to Lessor; however, said 15-day default cure period shall also be subject to extension deemed extended for a reasonable period of time due if, during such 15-day default cure period Lessor commences action to cure such default, and diligently pursues same in good faith. Upon the occurrence of any Unavoidable DelayLessor Default which can be cured by the payment of money, Lessee shall be permitted to perform, correct, or cure the default, in which event Lessee may deduct the costs and expenses relative thereto from rental payments due or thereafter becoming due until the total amount thereof is fully paid and satisfied; alternatively, Lessee may elect to terminate this Lease Agreement. In If the event Lessor fails to cure any Default is of such default within nature that it cannot be cured by the grace period described abovepayment of money, LesseeLessee may terminate this Lease Agreement and, without waiving or releasing any obligations hereunderupon termination, vacate the premises. Lessee shall also have all rights and in addition to all other remedies available to Lessee hereunder or existing at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, purchase the Leased Property from equity respecting any Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (180) 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 XVIIIDefault hereunder.

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Repurchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIIIXVII. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid.

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) days after written notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of forty-five (45) days, in which case such failure shall not be deemed to continue if Lessorbe in default under this Lease until Tenant has given Lessor written notice specifying the nature of the default which Lessor is obligated to cure, and Lessor does not cure such default within ten (10) days after receipt of such notice; provided, however, in the case of a default which cannot be cured, with due diligence, within said forty-five a period of ten (4510) day perioddays, Lessor shall have such additional time to cure such default as may be reasonably necessary, provided Lessor proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereofsuch default after receipt of said notice. The time within which Lessor shall not be obligated deemed to cure be in default in the performance of any of the provisions of this Lease if such failure shall also be subject to extension of time nonperformance is due to any strike, lock-out or other labor trouble, material shortages, governmental restrictions, fire, acts of God, the occurrence elements, war, riot, rebellion or any other cause beyond the reasonable control of any Unavoidable DelayLessor. In the event Lessor fails to perform any of its obligations under this Lease and Lessor fails to cure any such default within the grace ten (10) day period described provided for above, LesseeTenant's sole remedy shall be to terminate this Lease, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior by written notice to Lessor, purchase and vacate the Leased Property Premises. Tenant shall have no right to claim or collect any damages from Lessor for a purchase price equal or to the Fair Market Value Purchase Price pursue any equitable remedies, other than termination of the Leased Property. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (180) 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 XVIIIthis Lease.

Default by Lessor. Lessor LESSOR shall not be in default under this Lease, and LESSEE shall not be entitled to exercise any right, remedy or recourse against LESSOR or otherwise as a consequence of any alleged default by LESSOR under this Lease, unless and until LESSOR fails to perform any of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed hereunder and such said failure shall continue continues for a period of forty-five (45) 30 days after LESSEE gives LESSOR written notice thereof from Lesseespecifying, unless such with reasonable particularity, the nature of LESSOR’s failure; provided, however, that if the failure cannot with due diligence can be cured but not within a period of forty-five (45) daysthe 30 day time period, in which case such failure LESSOR shall not be deemed to continue in default hereunder if Lessor, within said forty-five (45) day period, proceeds promptly and with due diligence LESSOR commences to cure the failure within such 30 days and diligently completes thereafter in good faith pursues the curing of same diligently to completion. If LESSOR defaults under this Lease, and, as a consequence of the default, LESSEE recovers a money judgment against LESSOR, the judgment shall be satisfied only out of, and LESSEE hereby agrees to look solely to, the interest of LESSOR in the Business Park as the same may then be encumbered, and any proceeds thereof, and LESSOR shall not otherwise be liable for any deficiency. In no event shall LESSEE have the right to levy execution against any property of LESSOR other than its interest in the Business Park or any proceeds thereof. The time within which Lessor foregoing shall be obligated not limit any right that LESSEE might have to cure any such failure shall also be subject to extension obtain specific performance of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described above, Lessee, without waiving or releasing any LESSOR’s obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (180) 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 XVIII.

Default by Lessor. Lessor If LESSOR shall be default in default the performance of its obligations under any of the terms or provisions of this Lease if Lessor Lease, LESSEE shall promptly so notify LESSOR in writing. If LESSOR shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and cure such failure shall continue for a period of forty-five default within thirty (4530) days after written notice thereof from Lesseereceipt of such notice, unless or if the default is of such failure cannot with due diligence be cured within a period of forty-five character as to require more than thirty (4530) days, in which case such failure shall not be deemed to continue if Lessor, within said forty-five (45) day period, proceeds promptly and with due diligence days to cure the failure and LESSOR shall fail to commence to do so within thirty (30) days after receipt of such notice and thereafter diligently completes the curing thereof. The time within which Lessor shall be obligated proceed to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delaydefault, then in either event, LESSEE, at its sole option, may terminate this Lease upon thirty (30) days prior written notice, or may cure such default. In the event Lessor fails LESSEE cures the default, LESSOR shall pay all reasonable and actual expenses paid by LESSEE to cure said default, including attorneys fees, within ten (10) days of receipt of invoices therefore rendered, or LESSEE shall have a specific right to set off any such default within the grace period described above, Lessee, without waiving amounts due from LESSOR against any rent payments or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Propertyamounts due under this Lease. In the event Lessee LESSEE elects to purchase terminate this Lease, said termination shall not limit LESSEE’S rights to damages caused by the Leased Propertybreach and failure to cure. This provision in no way limits LESSEE'S other remedies for breach under common law or this Lease. AUDIT Pursuant to Minn. Stat. §16C.05, it shall deliver a notice thereof subd. 5, the books, records, documents and accounting procedures and practices of LESSOR relevant to Lessor specifying a payment date occurring no less than one hundred eighty (180) days subsequent to the date of such notice on which it shall purchase the Leased Property, and the same this Lease shall be thereupon conveyed in accordance with subject to examination by the provisions State and/or Legislative Auditor, as appropriate, for a minimum of Article XVIIIsix (6) years.

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five thirty (4530) days after written notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of forty-five thirty (4530) days, in which case such failure shall not be deemed to continue if Lessor, within said forty-five thirty (4530) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described above, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price of the Leased Property. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty ninety (18090) 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 XVIII.

Default by Lessor. DEFAULT BY LESSOR. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Repurchase price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIIIXVII. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid.

Default by Lessor. If Lessor shall be default in default the performance or observance of its obligations under any agreement or condition in this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease contained on its part to be performed or observed or shall default in the payment of any tax or other charge which is a lien upon the Property or in the payment of any installment of principal or interest upon any mortgage which shall be prior in lien to the lien of this Lease and if Lessor shall not cure such failure shall continue for a period of forty-five default within thirty (4530) days after written notice thereof from Lessee, unless Lessee specifying the default (or if such failure default cannot with due diligence reasonably be cured within a period of fortysuch thirty-five day (4530) daysperiod, in which case such failure then shall not within said thirty-day (30) period commence to cure such default and thereafter prosecute the curing of such default to completion with due dili- gence), Lessee may; at its option, without waiving any claim for damages or breach of agreement, at any time thereafter cure such default for the account of Lessor, and any amount paid or any contractual liability incurred by Lessee in so doing shall be deemed to continue if paid or incurred for the account of the Lessor, within said forty-five (45) day period, proceeds promptly and with due diligence Lessor agrees to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to reimburse Lessee therefor; provided that Lessee may cure any such default within for the grace period described aboveaccount of Lessor, Lesseeas aforesaid, without waiving or releasing any obligations hereunderprior to the expiration of said thirty-day (30) period, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, but after twenty (20) Business Days' prior written said notice to Lessor, purchase if the Leased Property from Lessor for a purchase price equal curing of such default prior to the Fair Market Value Purchase Price expiration of said thirty-day (30) period is reasonably necessary to protect the Leased Property or Lessee's interest therein, or to prevent a governmental fine, or to prevent injury or damage to persons or property or to permit Lessee to conduct its usual business operations in the Property. In the event If Lessor shall fail to reimburse Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty within thirty (18030) days subsequent after notice for any amount paid for the account of Lessor hereunder, said amount may be deducted by Lessee from the next or any succeeding payments of rent due hereunder or any other amounts due from Lessee 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 XVIIILessor.

Default by Lessor. Lessor shall be in default of its obligations under this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of or time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Purchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIII17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid.

Default by Lessor. Lessor shall not be in default in the performance of its obligations any obligation required to be performed under this Lease if unless Lessor shall fail has failed to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five obligation within thirty (4530) days after written the receipt of notice thereof from LesseeLessee specifying Lessor’s failure to perform; provided, unless however, that if the nature of Lessor’s obligation is such failure cannot with due diligence be cured within a period of forty-five that more than thirty (4530) daysdays are required for its performance, in which case such failure then Lessor shall not be deemed to continue in default if Lessor, it shall commence such performance within said forty-five such thirty (4530) day period, proceeds promptly period and with due diligence to cure the failure thereafter and diligently completes pursues such cure to completion thereafter (but in no event shall such cure period exceed one hundred twenty (120) calendar days). Notwithstanding anything to the curing thereof. The time within which contrary contained in this Lease, except as expressly provided in Section 10.1(b), Lessee’s remedy for any breach or default of this Lease by Lessor shall be obligated limited to cure an action for damages or an action for specific performance or injunctive relief. 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 as a result of a default by Lessor. Lessor agrees that, in the event that it becomes entitled to receive damages from Lessee, Lessor shall not be allowed to recover from Lessee consequential damages as a result of a default by Lessee, except with respect to Lessee’s indemnification obligations under Section 22.1 below resulting from Lessee’s failure to timely surrender possession of the Premises. In any such failure shall also be subject to extension of time due event, it is expressly understood and agreed that notwithstanding anything in this Lease to the occurrence 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 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. Except as otherwise set forth herein, 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 Unavoidable Delay. In damage, condemnation, destruction or state of disrepair of the event Lessor fails to cure any such default within the grace period described above, LesseePremises (including, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, purchase limiting the Leased Property from Lessor for a purchase price equal to the Fair Market Value Purchase Price generality of the Leased Property. In the event Lessee elects to purchase the Leased Propertyforegoing, it shall deliver a notice thereof to Lessor specifying a payment date occurring no less than one hundred eighty (180) days subsequent to the date of such notice on which it shall purchase the Leased Propertythose rights under California Civil Code Sections 1941, 1941.1 and the same shall be thereupon conveyed in accordance with the provisions of Article XVIII1942).

Default by Lessor. Lessor shall be in default of its obligations under ----------------- this Lease if Lessor shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure shall continue for a period of forty-five (45) 30 days after written notice thereof from Lesseeis received by Lessor, unless such failure cannot with due diligence be cured within a period of forty-five (45) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said forty30-five (45) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay. In the event Lessor fails to cure any such default within the grace period described abovedefault, Lessee, without waiving or releasing any obligations hereunder, and in addition to all other remedies available to Lessee hereunder or at law or in equity, may, after twenty (20) Business Days' prior written notice to Lessor, may purchase the Leased Property from Lessor for a purchase price equal to the greater of the Fair Market Value Purchase Price or the Minimum Purchase Price of the Leased PropertyProperty minus an amount equal to any damage suffered by Lessee by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a notice thereof to Lessor specifying a payment date Payment Date occurring no less than one hundred eighty (180) 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 XVIII17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the, date due and payable until the date paid.