Common use of DEFAULT BY XXXXXX Clause in Contracts

DEFAULT BY XXXXXX. 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 Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Xxxxxx does not perform, Xxxxxx’s mortgagee may perform in Lessor’s place and Xxxxxx must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, and Xxxxxx’s remedies shall be limited to damages and/or an injunction.

DEFAULT BY XXXXXX. 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 earlier than thirty (30) 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) 30 days are required for performance, then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Xxxxxx does not perform, Xxxxxx’s mortgagee may perform in Lessor’s place and Xxxxxx must accept such performance. In Except as otherwise specifically provided in this Lease, in no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, and Xxxxxx’s remedies shall be limited to damages and/or an injunction.

DEFAULT BY XXXXXX. 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 '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 30-day period and thereafter diligently prosecutes the same to completion. If Xxxxxx does not perform, Xxxxxx’s mortgagee 's mortgage may perform in Lessor’s 's place and Xxxxxx must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s Xxxxxx's default, and Xxxxxx’s 's remedies shall be limited to damages and/or an injunction.