DEFAULT BY THE LANDLORD Sample Clauses

DEFAULT BY THE LANDLORD. If the Landlord is in default of the obligations imposed by the Lease, the Tenant may, terminate the Lease by following these procedures (as directed by Revised Code 5321.07): (1) the Tenant shall make written request to the landlord or landlord's agents for repair or remedy of the condition within a reasonable time, and all rents must be current at such time, after receiving the request, the Landlord shall have the reasonable time to repair, or remedy, considering the nature of the problem and reasonable availability of materials, labor and utilities, (reasonable time is considered to be not more than thirty (30) days); if such time has passed and if the Landlord has not made a diligent effort to repair or has not reported on the progress of remedy, then the Tenant may deposit all rent that is due, on or before the due date, with the Clerk of Courts of the Municipal of County have jurisdiction or (2) the Tenant may give written notice of intent to terminate the Lease unless the repair is made within thirty (30) days.
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DEFAULT BY THE LANDLORD. If the Landlord shall fail to pay, within a reasonable time after the due date, any obligation paramount to this Base Lease or affecting the Demised Premises or shall fail promptly to remove any other lien or charge which could jeopardize the Tenant’s right to possession as hereby granted and such default by the Landlord continues for more than thirty (30) days, the Tenant may pay the items in question after first giving the Landlord thirty (30) days written notice by certified or registered mail. Any such payment shall entitle the Tenant to be subrogated to the lien or charge of the item so paid. The Landlord shall have an opportunity to contest the validity of any obligation paramount to this Base Lease or affecting the Demised Premises. If any payment is made by the Tenant pursuant to this Section 12, the Landlord shall be liable for repayment to the Tenant in accordance with this Section 12, but only in such amount as represents the reasonable cost or value of the obligations paid by the Tenant. Except as set out herein if the Landlord is in default under any of the terms of this Base Lease, then the Tenant may in addition to and not in lieu of all of the rights to which it may be entitled hereunder and by law, terminate this Base Lease and turn over possession of the Demised Premises to the Landlord.
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DEFAULT BY THE LANDLORD. If the Landlord is in default of the obligations imposed by the Lease, the Tenant may terminate the Lease by following these procedures (as directed by Revised Code 5321.01): (1) the Tenant shall make written request for repair or remedy of the condition within a reasonable time, and all rents must be current at such time; after receiving the request, the Landlord shall have the reasonable time to repair, or remedy, considering the nature of the problem and reasonable availability of materials, labor and utilities, (reasonable time is considered to be not more than thirty (30) days); if such time has passed and if the Landlord has not made a diligent effort to repair or has not reported on the progress of the remedy, then the Tenant may deposit all rent that is due, on or before the due date, with the Clerk of Courts of the Municipal of County have jurisdiction or (2) the Tenant may give written notice of intent to terminate the Lease unless the repair is made within thirty (30) days.
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DEFAULT BY THE LANDLORD. If the Landlord is in default of the obligations imposed by the Lease, the Tenant may terminate the Lease by following these procedures: (1) the Tenant shall make written request for repair or remedy of the condition within a reasonable time, and all rents must be current at such time; after receiving the request, the Landlord shall have the reasonable time to repair, or remedy, considering the nature of the problem and reasonable availability of materials, labor and utilities, (reasonable time is considered to be not more than thirty (30) days); if such time has passed and if the Landlord has not made a diligent effort to repair or has not reported on the progress of remedy, then the Tenant may deposit all rent that is due, on or before the due date, with the appropriate court having jurisdiction or (2) the Tenant may give written notice of intent to terminate the Lease unless the repair is made within thirty (30) days.
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DEFAULT BY THE LANDLORD. If the Landlord shall fail to perform any of the covenants and agreements contained herein to be performed by it and such failure shall continue for a period of ten (10) days after notice thereof from the Tenant, the Tenant may terminate this Agreement and/or pursue any and all remedies available to the Tenant at law or in equity, including, but not limited to, a suit for specific performance or other equitable relief. A default by the Purchaser under the Purchase Agreement shall be deemed a default by the Landlord under this Agreement.
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DEFAULT BY THE LANDLORD. If the Landlord fails to fulfill its obligations under this Lease properly and on time, or otherwise violates any provision of this Lease, either Tenant may terminate this Lease by written notice to the Landlord. The notice shall specify the acts or omissions relied upon as cause for termination. Termination by one Tenant shall not constitute termination as to all Tenants and the Lease shall remain in effect as to any non-terminating Tenant or a subtenant or sublessee.
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DEFAULT BY THE LANDLORD. In the event of any default by the Landlord, except as expressly provided otherwise in this Lease, Tenaxx'x xon-exclusive remedy shall be an action for damages, but prior to any such action the Tenant will give the Landlord written notice specifying such default with particularity, and the Landlord shall have a period of thirty (30) days following the date of such notice in which to commence the appropriate cure of such default. Notwithstanding the foregoing sentence, the Tenant shall not be entitled to the remedy of specific performance or any other equitable remedy. Unless and until the Landlord fails to commence and diligently pursue the appropriate cure of such default after such notice or complete same within a reasonable period of time, the Tenant shall not have any remedy or cause of action by reason thereof. If the Landlord, or any successor or assign, fails to perform any covenant, term or condition of this Lease upon the Landlord's part to be performed and as a consequence of such default the Tenant recovers a money judgment against the Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, title and interest of Landlord in the Demised Premises as the same may then be encumbered and neither the Landlord nor, if the Landlord be a partnership, any of the partners comprising the Landlord, will be liable for any deficiency. It is understood that in no event shall the Tenant have the right to levy execution against any property of the Landlord other than its interest in the Premises as hereinbefore expressly provided. In the event of the sale or other transfer of the Landlord's right, title and interest in the Premises, the Landlord will be released thereby from all liability and obligations under this Lease.
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Related to DEFAULT BY THE LANDLORD

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say: (a) breach by Owner of the representations, warranties and covenants of the Owner as set forth in Section 6.02 above); then, and in each and every such case (except in instances where the Event of Default has been cured within thirty (30) days after the date on which written notice of such default, requiring the same to be remedied, shall have been given to the Owner by the Servicer), the Servicer, by notice in writing to the Owner, may immediately terminate all of its responsibilities, duties and obligations as servicer under this Agreement. On or after the receipt by the Owner of such written notice, all responsibilities, duties and obligations of the Servicer to service the Mortgage Loans under this Agreement shall on the date set forth in such notice pass to and be vested in the successor appointed pursuant to Section 10 herein.

  • Landlord’s Default Subject to Landlord's right to dispute its obligation in accordance with Section 5.1.5(b), if Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement, and any such default shall continue for a period of ten (10) days after Notice thereof with respect to monetary defaults, and thirty (30) days after Notice thereof with respect to non-monetary defaults, from Tenant to Landlord and, subject to Section 19.3, any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct such non-monetary defaults, Tenant may declare the occurrence of a "Landlord Default" under this Agreement by giving Notice of such declaration to Landlord and to such Facility Mortgagee. Thereafter, Tenant may (but shall have no obligation to) cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys' fees, paralegals' fees and court costs) incurred by Tenant in curing the same. If any such costs and expenses have not been reimbursed to Tenant as of the fifth (5th) day after the Landlord receives Tenant's Notice therefor, Landlord shall pay to Tenant, a late charge computed at the Overdue Rate on the amount of such reimbursement from the expiration of the applicable cure period to the date of payment thereof. Except as otherwise expressly provided herein to the contrary, Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder or under the Other Leases and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof; provided, however, that in the event of any such adverse determination, Landlord shall pay to Tenant interest on any disputed funds at the Disbursement Rate, from the date demand for such funds was made by Tenant until the date of final adverse determination and, thereafter, at the Overdue Rate until paid. During the term of the Operating Agreement, Landlord shall indemnify and hold Tenant harmless against all claims, costs and expenses (including reasonable attorneys' fees and paralegals' fees) arising from a Landlord Default under the terms and conditions of this Agreement which shall cause an Event of Default under Section 16.01 of the Operating Agreement or a breach by Landlord of its obligations under the Owner Agreement or the Pooling Agreement. The provisions of this Section 14.2 shall survive the termination, expiration or cancellation of this Agreement for a period of five (5) years.

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