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 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 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. 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 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 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. 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 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. 30.l 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. 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. 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 XVIII.17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid. 30.2

Default by Lessor. Lessee shall be entitled to recover actual damages and/or pursue any other remedy that may be available at law, in equity, or otherwise (other than termination of the Lease) if (1) Lessor fails to pay any sum due and owing to Lessee within 10 days after written demand from Lessee, or (2) Lessor fails to perform on any other obligation for 10 days after Xxxxxx's written demand for performance. However, Lessor shall not be in default of its obligations under this Lease if Lessor shall fail promptly commences to observe or cure such noncompliance and diligently proceeds in good faith to cure same after receiving written notice of such default. If Lessor fails to perform any termcovenant, covenant term or condition of this Lease on its part lease that Lessor is obligated to be performed and perform and, as a consequence of such failure nonperformance, Xxxxxx shall continue for recover 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 money judgment against Lessor, within said forty-five (45) day periodsuch judgment shall be satisfied only out of Lessor's equity in the property. Lessor shall have no liability whatsoever for any deficiency, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which no other property or assets of Lessor shall be obligated to cure any such failure shall also be subject to extension levy, execution or other enforcement procedures as a result of time due to such judgment. Without limitation upon the occurrence of any Unavoidable Delay. In foregoing, in the event of a 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 the giving of all required notices and the expiration of all applicable cure periods, take any reasonable action to cure Lessor's default for the account of Lessor, purchase and any amount paid or expense incurred by Lessee in the Leased Property from performance of any such matter for the account of 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 immediately reimbursed by Lessor to Lessee upon Xxxxxx's receipt of Article XVIIIa demand therefor.

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. 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.17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the, date due and payable until the date paid. 76.1

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. 30.l 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.