Common use of Default of Landlord Clause in Contracts

Default of Landlord. The failure by Landlord to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Landlord, where such failure shall continue for a period of thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed to be a default by Landlord under this Lease; provided, however, that if the nature of Landlord’s default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days after notice. In the event of a default by Landlord beyond applicable cure periods, Tenant shall have the right, at its election, to: (a) sxx for all actual (but not consequential, speculative or punitive) damages sustained by reason of the default; or (b) perform the obligations described in the notice in which case Landlord shall reimburse Tenant for the reasonable cost of the performance of such obligations within ten (10) business days after Tenant’s submission of an invoice therefor. If Tenant elects to proceed under clause (b) above, then the Landlord’s default shall be deemed to have been cured when Tenant’s expense has been reimbursed in full. In the event Tenant commences a suit for damages sustained by reason of a Landlord Default and prevails in such suit and obtains a final, non-appealable judgment with respect to such suit, Landlord shall reimburse Tenant for all reasonable costs including attorney’s fees.

Default of Landlord. The failure by Landlord to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Landlord, where such failure shall continue for a period of thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed to be a default by Landlord under this Lease; provided, however, that if the nature of Landlord’s 's default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days a reasonable period after notice. In the event of a default by Landlord beyond applicable cure periods, Tenant shall have the right, at its election, to: to either (a) sxx for all actual (but not consequential, speculative or punitive) damages sustained by reason of the default; or (b) perform the obligations described in the notice in which case Landlord shall reimburse Tenant for the reasonable cost of the performance of such obligations within ten (10) business days after Tenant’s 's submission of an invoice therefor. If Tenant elects to proceed under clause (b) above, then the Landlord’s 's default shall be deemed to have been cured when Tenant’s 's expense has been reimbursed in full. In the event Tenant commences a suit for damages sustained by reason of a Landlord Default and prevails in such suit and obtains a final, non-appealable judgment with respect to such suit, Landlord shall reimburse Tenant for all reasonable costs including attorney’s 's fees.

Default of Landlord. The failure In the event of any material breach by Landlord to observe or perform of any of the covenants, conditions, or provisions provision of this Lease or any material default by Landlord hereunder, Tenant shall have the right to be observed deliver to Landlord a written notice specifying such breach or performed by Landlorddefault, where such failure shall continue for a period of and unless within thirty (30) days from and after written the date of delivery of such notice thereof Landlord shall have commenced to cure such breach or default and shall be proceeding with reasonable diligence to completely cure such breach or default, then Tenant shall have all remedies available at law or in equity, including, without limitation, termination, damages, injunction and specific performance. If Tenant elects to terminate this Lease by reason of a Landlord default that remains uncured beyond the expiration of the specified 30-day notice and cure period, all Rent shall fully xxxxx from and after the date of termination and Tenant and Landlord shall not have any other obligations under this Lease with respect to the Premises, except for those obligations which expressly survive the termination hereof. All sums expended by Tenant to Landlordcure any defaults of Landlord and, in the event a sufficient amount of lawfully available funds is not available to pay any damages for which Landlord becomes liable hereunder or for which Landlord would have become liable hereunder but for the operation of Section 12.26, the amount of the deficiency of such lawfully available funds shall be deemed applied as a credit to be the Rent due hereunder in order of the next maturing installments, with any excess being applied as a default by Landlord credit against the Option Price. All remedies of Tenant under this Lease; providedLease shall be cumulative, however, that if and the nature failure to assert any remedy or the granting of Landlord’s any waiver (as provided in Section 12.12 hereof) of any breach or default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days after notice. In the event of a default by Landlord beyond applicable cure periods, Tenant shall have the right, at its election, to: (a) sxx for all actual (but not consequential, speculative or punitive) damages sustained by reason of the default; or (b) perform the obligations described in the notice in which case Landlord shall reimburse Tenant for the reasonable cost of the performance waiver of such obligations within ten (10) business days after Tenant’s submission of an invoice therefor. If Tenant elects to proceed under clause (b) above, then the Landlord’s default shall be deemed to have been cured when Tenant’s expense has been reimbursed in full. In the event Tenant commences a suit for damages sustained by reason of a Landlord Default and prevails in such suit and obtains a final, non-appealable judgment with respect to such suit, Landlord shall reimburse Tenant for all reasonable costs including attorney’s feesremedy or any subsequent breach or default.

Default of Landlord. The failure by of Landlord to perform or observe or perform any of the covenants, conditions, provisions or provisions of conditions contained in this Lease on its part to be performed or observed or performed by Landlord, where such failure shall continue for a period of within thirty (30) days after written notice thereof by Tenant to Landlord, of default shall be deemed to be considered a default by “Landlord under Default” for purposes of this Lease; provided, however, that if the nature of Landlord’s default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days after notice. In the event of a Landlord Default, Tenant may, in addition to any other rights and remedies allowed by applicable law, and except as otherwise expressly set forth herein, cause such default to be cured and deduct from its next due installments of Rent hereunder, all reasonable costs and expenses incurred by Tenant in doing so. Notwithstanding the foregoing to the contrary, in the event that Landlord beyond applicable cure periodsshall, within thirty (30) days after receipt of any notice of default from Tenant, provide notice to Tenant that Landlord in good faith disputes that Landlord is in default in the performance of any obligation hereunder (a “Dispute Notice”), Tenant shall not offset or deduct any amounts from any installments of Rent unless and until such bona fide dispute shall have been resolved in Tenant’s favor under a “reference proceeding” in accordance with the rightprovisions set forth below. Such reference proceeding shall be conducted in accordance with the procedures set forth below for a determination which will be binding upon the parties, at its election, to: (a) sxx for all actual (but not consequential, speculative or punitive) damages sustained by reason and subject to an appeal only to the extent a binding arbitrator’s award would be appealable under the rules of the default; or American Arbitration Association (b“AAA”). The parties agree specifically as to the following: (i) perform the obligations described in the notice in which case Landlord shall reimburse Tenant for the reasonable cost of the performance of such obligations within ten Within fifteen (10150) business days after service of a Dispute Notice, the parties will agree upon a single neutral referee from among a pool of mediators and other “neutrals” provided by the Rxxxxx County Bar Association who will then try all issues, whether of fact or law, and then report a finding judgment thereon. If the parties are unable to agree upon a referee, either party may seek appointment of a referee by a judge of the Rxxxxx County District Court. (ii) The compensation of the referee shall be such charge as is customarily charged by the referee for like services. The cost of such proceedings will initially be borne equally by the parties. However, the prevailing party in such proceedings shall be entitled, in addition to all other costs, to recover its contribution for the cost of the reference as an item of damages and/or recoverable costs. (iii) If a reporter is requested by either party, then a reporter will be present at all proceedings, and the fees of such report shall be borne by the party requesting such reporter. Such fees will be an item of recoverable costs. Only a party will be authorized to request a reporter. (iv) The referee will apply the substantive law of Minnesota in deciding the issues to be heard. (v) Notice of any motions before the referee will be given, and all matters shall be set at the convenience of the referee. (vi) The parties agree that they will in good faith endeavor to cause any such dispute to be decided within three (3) months. The date of hearing for any proceeding will be determined by agreement of the parties and the referee, or if the parties cannot agree, then by the referee. (vii) The referee shall have the power to make a determination as to the existence of a default on the part of the Landlord, the reasonable costs to cure such default and Tenant’s submission right to recover the cost of an invoice therefor. If Tenant elects to proceed under clause (b) above, then cure from the Landlord’s default . Consequential and incidental damages shall not be deemed to have been cured when Tenant’s expense has been reimbursed recoverable in full. In the event Tenant commences a suit for damages sustained by reason of a Landlord Default and prevails in such suit and obtains a final, non-appealable judgment with respect to such suit, Landlord shall reimburse Tenant for all reasonable costs including attorney’s feesthese proceedings.