DEFAULT OF LESSOR. Should Lessor fail to perform any of its obligations hereunder, Lessor shall have a period of 30 days after its receipt of written notice from Lessee of a failure of performance within which to commence a cure of that failure. Failure of Lessor to commence that cure within the 30-day period or to effect that cure within that 30-day period shall be an event of default under this Lease and Lessee may, at its option, elect to: a. Terminate this Lease upon 30 days written notice to Lessor; b. Bring an action to require specific performance of Lessor's obligations; c. Provide Lessor with an additional period of time within which to effect that cure; d. Commence such cure itself, and Lessee may either, at its option, offset any expenses it incurs in effecting such cure against the rent and other charges due and payable by Lessee hereunder, or require that Lessor immediately reimburse Lessee for its expenses; provided, however, in the event of an emergency, Lessee may immediately effect a cure of Lessor's failure should Lessor fail to act immediately to do so, without the requirement of any notice by Lessee to Lessor; and/or e. Pursue any other remedies provided herein or provided by law.
Appears in 3 contracts
Samples: Lease Agreement (Hughes Supply Inc), Lease Agreement (Hughes Supply Inc), Lease Agreement (Hughes Supply Inc)
DEFAULT OF LESSOR. Should Lessor fail to perform any of its obligations hereunder, Lessor shall have a period of 30 days after its receipt of written notice from Lessee of a failure of performance within which to commence a cure of that failure. Failure of Lessor to commence that cure within the 30-day period or to effect that cure within that 30-day period shall be an event of default under this Lease and Lessee may, at its option, elect to:
a. Terminate this Lease upon 30 days written notice to Lessor;
b. Bring an action to require specific performance of Lessor's obligations;
c. Provide Lessor with an additional period of time within which to effect that cure;
d. Commence such cure itself, and Lessee may either, at its option, offset any expenses it incurs in effecting such cure against the rent and other charges due and payable by Lessee hereunder, or require that Lessor immediately reimburse Lessee for its expenses; provided, however, in the event of an emergency, Lessee may immediately effect a cure of Lessor's failure should Lessor fail to act immediately to do so, without the requirement of any notice by Lessee to Lessor; and/or
e. Pursue any other remedies provided herein or provided by law.
Appears in 1 contract
Samples: Lease Agreement (Hughes Supply Inc)