Common use of Default by Lessor Clause in Contracts

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor ----------------- fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering encumbering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty 30-day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period Lessee shall have all remedies available at law and equity for Lessor's default except as provided hereinin this Lease; however, Lessee may perform such obligation and will be reimbursed for any damages or judgments arising out of Lessor's default of its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate obligations under this Lease or to vacate shall be satisfied only out of Lessor's interest and estate in the Premises on (including all sales, insurance and condemnation proceeds, net of any costs incurred in obtaining such proceeds and subject to the rights of any lender with a security interest in Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for 's interest and estate in the Premises), and Lessor shall have no personal liability beyond such interest and estate with respect to such damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 abovejudgments.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor fails has failed to perform obligations required of Lessor such obligation within a reasonable time, but in no event later than thirty (30) days after written the receipt of notice by from Lessee specifying in detail Lessor's failure to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligationperform; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance its performance, then Lessor shall not be deemed in default if Lessor commences it shall commence such performance within such thirty day period (30) days and thereafter diligently prosecutes pursue the same to completion. In the event Lessee shall have no rights as a result of any default by Lessor does not commence performance within the until Lessee also gives thirty (30) day 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 provided hereinof time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may perform exercise such obligation and will rights or remedies as shall be reimbursed 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 its expenses any breach or default of this Lease by Lessor together with interest thereon at the Agreed Rateshall 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 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 to vacate the Premises on Lessor’s default withhold any payment owed by Lessee under this Lease. Lessee’s sole remedy , on Lessor’s default is an action for damages account of any damage, condemnation, destruction or injunctive or declaratory relief. Notwithstanding state of disrepair of the Premises (including, without limiting the generality of the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situationthose rights under California Civil Code Sections 1941, all rights 1941.1 and remedies shall be determined under Section 3.01 above1942).

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty ten (3010) business day period provided herein, or fails to diligently prosecute such cure to completion, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed RateRate within thirty (30) days following demand for such payment. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, (i) any default beyond any applicable cure period by Lessor under the terms of the Building 10 Lease shall also be a default under this Lease for any period of time during which Lessor or any affiliate thereof is also the landlord under the Building 10 Lease, and (ii) nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all in which case Lessee’s rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed RateRate provided, however, that if the parties are in dispute as to what constitutes Lessor's obligations under this Lease, any such dispute shall be resolved by arbitration in a manner identical to that provided in Section 8.02 above. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty ten (3010) business day period provided herein, or fails to diligently prosecute such cure to completion, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed RateRate within thirty (30) days following demand for such payment. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, (i) any default beyond any applicable cure period by Lessor under the terms of the Building 9 Lease shall also be a default under this Lease for any period of time during which Lessor or any affiliate thereof is also the landlord under the Building 9 Lease, and (ii) nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all in which case Lessee’s rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under -------------------------------- this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless ------------ ----------------- Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty 30-day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, or does not diligently prosecute the same to completion, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right prime commercial lending rate then charged by the Bank of America, provided, however, that if the parties are in dispute as to terminate this Lease or to vacate the Premises on what constitutes Lessor’s default 's obligations under this Leaseagreement, any such dispute shall be resolved by arbitration in a manner identical to that provided in Section 10.4 above. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing Nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 3.3 above.

Default by Lessor. Lessor shall not sxxxx xot be deemed in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, writing specifying that wherein Lessor has failed to perform such obligationobligations; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance performance, then Lessor shall not be in default if Lessor commences performance within such thirty 30- day period and thereafter diligently prosecutes the same to completion. In the event If Lessor does not commence performance within pexxxxx, Lessor's mortgagee xxx xerform in Lessor's place and Lessee must accept xxxx performance. Except in the thirty (30) day period provided hereinevent of an actual or constructive eviction, in no event shall Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at have the Agreed Rate. Lessee waives any right to terminate this Lease or as a result of Lessor's default, and Lessee's remedies xxxxx be limited to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is damages and/or an action for damages or injunctive or declaratory reliefinjunction. Notwithstanding the foregoingpreceding sentence to the contrary, nothing herein if Lessor or its mortgagee fails to perform as required above in this SECTION 15.3, then Lessee shall be deemed applicable permitted to make reasonable repairs to the Premises as set forth in the default notice referred to above from Lessee. In the event Lessee exercises its rights hereunder, Lessor will reimburse Lessee the reasonable cost thereof within thirty (30) days following receipt of Lessor’s delay in delivery a copy of the Premisesinvoice and lien waiver from the contractor performing such repairs. In that situationthe event Lessor fails to reimburse Lessee the cost of such repairs within thirty (30) days following Lessor's receipt ox xx xnvoice and lien waiver, all rights and remedies then Lessee shall be determined under Section 3.01 abovepermitted to withhold from the next installment of monthly base rental an amount equal to the lesser of (i) the reasonable cost for such repairs, or (ii) twenty-five percent (25%) of the monthly base rental otherwise due and payable for such month. In the event the reasonable cost of such repairs is greater than twenty-five percent (25%) of the monthly base rental payable for the month in question, then Lessee shall be permitted to withhold from future installments of monthly base rental an amount equal to twenty-five percent (25%) of the monthly base rental on a monthly basis until such time as the amount withheld equals the cost incurred by Lessee in making such repairs.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty ten (3010) business day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be deemed to be in default in the performance of any obligation required to be performed under this Lease unless Lessor fails has failed to perform obligations required of Lessor such obligation within a reasonable time, but in no event later than thirty (30) days after the receipt of written notice by from Lessee specifying in detail Lessor's failure to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligationperform; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance its performance, then Lessor shall not be deemed in default if Lessor commences it shall commence such performance within such thirty day period (30) days and thereafter diligently prosecutes pursue the same to completion. In the event If Lessor does not commence performance within cure the thirty (30) day period provided hereindefault, Lessee may perform exercise such obligation rights or remedies as shall be provided or permitted under this Lease and will be reimbursed by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for its expenses any breach or default of this Lease by Lessor together with interest thereon at the Agreed Rateshall 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, Lessor's liability to Lessee for damages resulting from Lessor's breach of any provision or provisions of this Lease shall not exceed Lessor's equity interest in the Building and Lessee shall look solely to Lessor's estate in the Building for collection. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or to vacate the Premises withhold any payment owed, on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages account of any damage, condemnation, destruction or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event state of Lessor’s delay in delivery disrepair of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under -------------------------------- this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be deemed to be in default in the performance of any obligation required to be performed under this Lease unless Lessor fails has failed to perform obligations required of Lessor such obligation within a reasonable time, but in no event later than thirty (30) days after the receipt of written notice by from Lessee specifying in reasonable detail Lessor’s failure to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligationperform; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance its performance, then Lessor shall not be deemed in default if Lessor commences it shall commence such performance within such thirty day period (30) days and thereafter diligently prosecutes pursue the same to completion. In the event If Lessor does not commence performance within cure the thirty (30) day period provided hereindefault, Lessee may perform exercise such obligation rights or remedies as shall be provided or permitted under this Lease and will be reimbursed by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee’s remedy for its expenses any breach or default of this Lease by Lessor together with interest thereon at the Agreed Rateshall 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, Lessor’s liability to Lessee for damages resulting from Lessor’s breach of any provision or provisions of this Lease shall not exceed Lessor’s equity interest in the Building and Lessee shall look solely to Lessor’s estate in the Building and the proceeds thereof for collection. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or to vacate the Premises withhold any payment owed, on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages account of any damage, condemnation, destruction or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event state of Lessor’s delay in delivery disrepair of the Premises. In that situation, all rights and remedies shall be determined under except as specifically provided for in Section 3.01 above8.3, or in Articles 12 or 13 of this Lease.

Default by Lessor. In the event of any default by Lessor hereunder, Lessee's exclusive remedy shall be to bring an independent action for damages or other relief, but prior to any such action Lessee shall give Lessor written notice specifying such default with reasonable detail, and Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thereupon have thirty (30) days in which to cure any such default. Unless Lessor fails to cure any default after written notice such notice, Lessee shall not have any remedy or cause of action by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform reason thereof. If such obligation; provided, however, that if the nature of Lessor’s obligation is default cannot reasonably be cured within such that more than thirty (30) days are day period, the length of such period shall be extended for the period reasonably required for performance then Lessor shall not be in default therefor if Lessor commences performance curing such default within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period and continues the curing thereof with reasonable diligence and continuity. Except as otherwise expressly provided hereinin this Lease, Lessee may perform such obligation shall have no rights to abatement, self-help, offset, or deduction of or from Rent otherwise due and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives payable hereunder, nor any right to terminate this Lease or to vacate the Premises on Lessor’s Lease, by reason of any default under this Leaseby Lessor hereunder. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein All obligations of Lessor hereunder shall be deemed applicable construed as covenants, not conditions, and all such obligations shall be binding upon Lessor only during the period of its ownership of the Building and not thereafter, (but upon the sale or disposition of the Building, unless the purchasing party agrees to assume liability for actions or defaults hereunder by the selling party occurring prior to the closing of such sale or disposition, the selling party shall remain liable to Lessee for actions and defaults hereunder by such selling party occurring prior to the closing of such sale or disposition but only in an amount, in the event of aggregate, up to the sale or disposition proceeds received by the selling party). The term "Lessor’s delay in delivery " shall mean only the owner at the time of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 aboveBuilding.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that wherein Lessor has failed to perform such obligationobligations; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty 30-day period and thereafter diligently prosecutes the same to completion. In the event of a default by Lessor does not of its obligation to maintain the portion of the Premises defined as the roof area of Site 18-A (the "Roof") as set forth in Paragraph 6.1, then the Lessee may, at any time after Lessee has given Lessor notice of the Roof default and Lessor has failed either to correct the Roof or commence performance the correction of the Roof within ten (10) working days of said notice, retain a reputable contractor to perform the needed Roof maintenance and repairs in a good and workmanlike manner and to provide the Roof free of defects and leaks. The Lessor shall reimburse Lessee for the reasonable cost of said contractor for performing the Roof work within thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by days after the presentation to Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 aboveinvoice for the contractor's services.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, - nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this -------------------------------- Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, foregoing,- nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease, provided that nothing herein shall be deemed to deny Lessee its rights pursuant to Section 12.01(a) of this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty ten (3010) business day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. In the event of any default by Lessor hereunder, Lessee's exclusive remedy shall be to bring an independent action for damages or other relief, but prior to any such action Lessee shall give Lessor written notice specifying such default with reasonable detail, and Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thereupon have thirty (30) days in which to cure any such default. Unless Lessor fails to cure any default after written notice such notice, Lessee shall not have any remedy or cause of action by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform reason thereof. If such obligation; provided, however, that if the nature of Lessor’s obligation is default cannot reasonably be cured within such that more than thirty (30) days are day period, the length of such period shall be extended for the period reasonably required for performance then Lessor shall not be in default therefor if Lessor commences performance curing such default within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period and continues the curing thereof with reasonable diligence and continuity. Except as otherwise expressly provided hereinin this Lease, Lessee may perform such obligation shall have no rights to abatement, self-help, offset, or deduction of or from Rent otherwise due and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives payable hereunder, nor any right to terminate this Lease or to vacate the Premises on Lessor’s Lease, by reason of any default under this Leaseby Lessor hereunder. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein All obligations of Lessor hereunder shall be deemed applicable construed as covenants, not conditions, and all such obligations shall be binding upon Lessor only during the period of its ownership of the Building and not thereafter, (but upon the sale or disposition of the Building, unless the purchasing party agrees to assume liability for actions or defaults hereunder by the selling party occurring prior to the closing of such sale or disposition, the selling party shall remain liable to Lessee for actions and defaults hereunder by such selling party occurring prior to the closing of such sale or disposition but only in an amount, in the event of Lessor’s delay in delivery of the Premises. In that situationaggregate, all rights and remedies shall be determined under Section 3.01 above.up to the

Default by Lessor. Lessor shall not be in default under --------------------------------- this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed RateRate provided, however, that if the parties are in dispute as to what constitutes Lessor's obligations under this Lease, any such dispute shall be resolved by arbitration in a manner identical to that provided in Section 8.02 above. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor fails has failed to perform obligations required of Lessor such obligation within a reasonable time, but in no event later than thirty (30) days after written the receipt of notice by from Lessee specifying in detail Lessor’s failure to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligationperform; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance its performance, then Lessor shall not be deemed in default if Lessor commences it shall commence such performance within such thirty day period (30) days and thereafter diligently prosecutes pursue Lessee’s initials: Reviewed: Lessor’s initials: 17 the same to completion. In the event Lessee shall have no rights as a result of any default by Lessor does not commence performance within the until Lessee also gives thirty (30) day 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 provided hereinof time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may perform exercise such obligation 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 will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate agreed that notwithstanding anything in this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding contrary, and notwithstanding any applicable law to the foregoingcontrary, nothing herein the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be deemed applicable limited solely and exclusively to the interest of Lessor in and to the event Property and Building, and neither Lessor, nor any of Lessor’s delay in delivery its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of the Premises. In that situationitself and all persons claiming by, all rights and remedies shall be determined through or under Section 3.01 aboveLessee.

Default by Lessor. Before Lessee may declare a default by Xxxxxx, Lessee shall give Lessor written notice of the specific failure of Lessor’s obligations hereunder and thirty (30) Days from the receipt of such written notice in which to cure the alleged failure; provided however, that if such failure cannot reasonably be cured within such thirty (30) Day period, then Lessor shall promptly undertake and diligently pursue such curative performance to completion, all within a reasonable time. If Lessor fails to cure any such default within the time period or to diligently pursue such cure to completion, Lessee shall have all the rights and remedies provided at law, in equity or in this Lease, which rights shall be cumulative and may be exercised and enforced concurrently. Any right or remedy conferred upon Lessee under this Lease shall not be in default under this Lease unless deemed to be exclusive of any other right or remedy it may have. Without limiting the generality of the foregoing, if Lessor fails to perform obligations required (or commence to perform and diligently pursue) any obligation of Lessor under this Lease within a reasonable time, but in no event later than thirty (30) days after Days following Xxxxxx’s written notice by Lessee to Lessor and thereof, then Lessee may proceed to take the holder required action upon delivery to Lessor of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, an additional five (5) Days’ notice specifying that Lessor has failed to perform Lessee is taking such obligation; required action (provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance then Lessor additional notice shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable required in the event of Lessor’s delay in delivery of the Premisesan emergency). In that situationIf such action is not taken by Lessor within said five (5) Day period, then Lessee shall be entitled to take such action and to offset against Rent next coming due under this Lease, all rights costs and remedies shall be determined under Section 3.01 aboveexpenses incurred by Lessee in connection with such action.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that where Lessor has failed to perform such obligation; provided, however, that if the nature of the Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty 30-day period and thereafter diligently prosecutes the same to completion. In 10/ Notices. Any notice under this Agreement must be in writing and must ------- be sent by certified mail, return receipt requested, or by an expedited mail service that provides proof of delivery, to the event last address of the party to whom notice is to be given, as designated by such party in writing. Notices to lessor must be simultaneously sent to each of the following addresses: OMNIOFFICES/Woodland Hills, Inc. (Lessor's name) c/o OMNIOFFICES Management Co., Inc. 0000 Xxxxxxxxx Xxxxxx Xxxx Xxxxxxx, Xxxxxxx 00000 and SAME AS ABOVE or such other address as Lessor does not commence performance shall designate to Lessee in writing. The Lessee hereby designates its address (which address must be an address within the thirty (30) day period provided hereinUnited States, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein otherwise notice shall be deemed applicable given three (3) days after deposited with the mail service, regardless of whether or not received) as: FieldWorks, Inc. 0000 Xxxxxx Xxxx Xxxx Xxxx Xxxxxxx, XX 00000 Such notices shall be deemed to be duly given only if mailed by certified mail, return receipt requested, in a postage-paid envelope, addressed to the other party at the addresses given above, and in the event case of notices from Lessee to Lessor’s delay in delivery , only if the address of the PremisesPremises is stated in the notice. In that situationIf such mail is properly addressed and mailed as above, all rights and remedies it shall be determined under Section 3.01 abovedeemed notice for all purposes, even if undelivered.