Common use of Default by Lessor Clause in Contracts

Default by Lessor. Lessor shall not be deemed in default 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 mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing specifying wherein Lessor has failed to perform such obligations; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance, then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, and Lessee’s remedies shall be limited to damages and/or an injunction.

Appears in 2 contracts

Samples: HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc

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Default by Lessor. Lessor shall not be deemed in default 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 mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing specifying wherein Lessor has failed to perform such obligations; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance, then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, and Lessee’s remedies shall be limited to damages and/or an injunction.

Appears in 2 contracts

Samples: HTG Molecular Diagnostics, Inc, HTG Molecular Diagnostics, Inc

Default by Lessor. Lessor shall not be deemed in default 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 writing, specifying wherein Lessor has failed to perform such obligationsobligation; 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 Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Any damages or judgments arising out of Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate 's default of its obligations under this Lease as a result shall be satisfied only out of Lessor’s default's interest and estate in the Premises, and Lessee’s remedies Lessor shall be limited have no personal liability beyond such interest and estate with respect to such damages and/or an injunctionor judgments.

Appears in 2 contracts

Samples: Skechers Usa Inc, Skechers Usa Inc

Default by Lessor. Lessor shall not be deemed in default unless Lessor fails to perform obligations required of Lessor within a reasonable timerime, 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 therefore been furnished to Lessee in writing writing, specifying wherein Lessor has failed to perform such obligationsobligation; 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 Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such thirty (30-) day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, 's default and Lessee’s 's remedies shall be limited to damages and/or an injunction.

Appears in 2 contracts

Samples: Crane Realty Services (Futon World Inc), Crane Realty Services (Futon World Inc)

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Default by Lessor. Lessor shall not be deemed in default unless Lessor fails to perform xx xxrform 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 mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing specifying wherein Lessor has failed to perform such obligations; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance, then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s 's mortgagee may perform in Lessor’s Lesxxx'x place and Lessee must accept musx xxxxpt such performance. In no event shall Lessee have the right xxx xight to terminate this Lease as a result of Lessor’s 's default, and Lessee’s 's remedies shall be limited to damages and/or damagex xxx/or an injunction.

Appears in 1 contract

Samples: Luxtec Corp /Ma/

Default by Lessor. Lessor shall not be deemed in default 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 wherein Lessor has failed to perform such obligationsobligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance, performance then Please Initial: Lessor ¨ Lessee ¨ Lessor shall not be in default if Lessor commences performance within such thirty (30-) day period and thereafter diligently prosecutes the same to completion. If The Lessor does not perform, Lessor’s mortgagee may perform will undertake best efforts to ensure the Lessee is provided with a commercially reasonable non disturbance clause in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right a letter format or as an amendment to terminate this Lease as a result of Lessor’s default, and Lessee’s remedies shall be limited to damages and/or an injunction.agreement

Appears in 1 contract

Samples: Industrial Lease (Drugstore Com Inc)

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