Common use of DEFAULTS BY LANDLORD Clause in Contracts

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless If Landlord fails to perform any of its obligations hereunder or breaches any of its covenants contained in this Lease and said failure (unless another time limit is specified in this Lease) such default continues for a period of at least thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been demand for performance is given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyingby Tenant, with reasonable particularity, or if the nature of Landlord’s failure. Ifsuch default is of such a character as to require more than 30 days to cure, however, the failure cannot reasonably be cured within the thirty (30) day period, if Landlord shall not fail to commence said cure promptly and use reasonable diligence in working to complete such cure as quickly as reasonably possible, and if such default has a material adverse impact on Tenant’s use or occupancy of the Premises, then Landlord shall be deemed to be in material default hereunder if (“Landlord Default”). Upon any Landlord Default, Tenant may seek the recovery of damages or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwisemay seek injunctive relief, the judgment but nothing herein shall be limited deemed to Tenant’s actual direct, but not consequential, damages therefor give Tenant the right to offset against or reduce the Rent or other sums due pursuant to this Lease (without limiting any other express rights of offset granted to Tenant under this Lease) and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the any right to levy execution against any property terminate this Lease as a result of a Landlord other than its interest Default, except as provided in the Complexfollowing sentence. The If the Landlord Default, however, is of such a nature that it materially and substantially interferes with Tenant’s occupancy and use of the Premises, the foregoing provision shall not limit any right rights that Tenant might have may have, at law, to obtain specific performance of Landlord’s obligations hereunder.claim a constructive eviction based on such Landlord Default and/or seek to terminate this Lease, if:

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Lease if Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives delivers written notice thereof to Landlord (to each of the addresses required by this Section) and (provided that Tenant shall have been given each mortgagee who has a lien against any portion of the Property and whose name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyinghas been provided to Tenant, with reasonable particularity, the nature of Landlord’s failure. If, however, the provided that if such failure cannot reasonably be cured within the said thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure curative action is commenced within the said thirty (30) days day period and is thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiencypursued until cured. In no event shall (i) Tenant claim a constructive or actual eviction or that the Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the right implied warranty of suitability be deemed to levy execution against any property have occurred under this Lease, prior to the expiration of the notice and cure periods provided under this Section 13.3. Any notice of a failure to perform by Landlord other than its interest shall be sent to Landlord at the addresses and to the attention of the parties set forth in the ComplexBasic Lease Provisions. The foregoing Any notice of a failure to perform by Landlord not sent to Landlord at all addresses and/or to the attention of all parties required under this Section and to each mortgagee who is entitled to notice or not sent in compliance with Article 14 below shall not limit any right that Tenant might have to obtain specific performance be of Landlord’s obligations hereunderno force or effect.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) 30 days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s 's Mortgagee) Landlord’s 's Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s 's failure. If, however, the failure cannot reasonably be cured within the thirty (30) -day period, Landlord shall not be in default hereunder if Landlord or Landlord’s 's Mortgagee commences to cure the failure within the thirty (30) 30 days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s 's default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s 's actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s 's obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence have committed an “Event of any alleged default by Landlord under this Lease, unless Landlord Default” if it fails to perform any of its obligations hereunder and said failure continues term, condition, covenant or obligation required under this Lease for a period of thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of from Tenant to Landlord’s failure. If; provided, however, that if the failure term, condition, covenant or obligation to be performed by Landlord is such that it cannot reasonably be performed within thirty days, such default shall be deemed to have been cured within the thirty (30) day period, Landlord shall not be in default hereunder if Landlord commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same. Upon the occurrence and during the continuance of any such Event of Default, Tenant may, as Tenant’s sole remedies either (i) xxx for injunctive relief, or (ii) to the limited extent such Event of Default relates solely to the Premises, cure such breach of Landlord at Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completioncost. If Tenant recovers cures a money judgment against breach by Landlord pursuant to the preceding clause (ii), Tenant shall furnish an invoice for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual directactual, but not consequential, damages therefor reasonable and shall be satisfied only out of the interest of Landlord out-of-pocket expenses incurred by Tenant in the Complex as the same may then be encumberedeffecting such cure (“Cure Costs”), and Landlord shall not otherwise be liable afforded 10 days after receipt of Tenant’s notice in which to remit full payment. If Landlord fails to remit such payment to Tenant, and the amount of Cure Costs due to Tenant exceeds $5,000.00, then Tenant may deduct and offset the amount of Cure Costs that are due to Tenant from amounts owed to Landlord plus interest at the Default Rate from the date of the written demand for any deficiency. In no event shall Tenant have payment of the right to levy execution against any property of Landlord other than its interest in Cure Costs through the Complex. The foregoing shall not limit any right date that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.has been effectively reimbursed for the Cure Costs

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Lease if Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives delivers written notice thereof to Landlord (to each of the addresses required by this Section) and (provided that Tenant shall have been given each mortgagee who has a lien against any portion of the Property and whose name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyinghas been provided to Tenant, with reasonable particularity, the nature of Landlord’s failure. If, however, the provided that if such failure cannot reasonably be cured within the said thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure curative action is commenced within the said thirty (30) days day period and is thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiencypursued until cured. In no event shall (i) Tenant claim a constructive or actual eviction or that the Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the right implied warranty of suitability be deemed to levy execution against any property have occurred under this Lease, prior to the expiration of the notice and cure periods provided under this Section 14.3. Any notice of a failure to perform by Landlord other than its interest shall be sent to Landlord at the addresses and to the attention of the parties set forth in Item 14 of Article 1. Any notice of a failure to perform by Landlord not sent to Landlord at all addresses and/or to the Complex. The foregoing attention of all parties required under this Section and to each mortgagee who is entitled to notice or not sent in compliance with Article 15 shall not limit any right that Tenant might have to obtain specific performance be of Landlord’s obligations hereunderno force or effect.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless If Landlord fails to perform any of its Landlord’s obligations hereunder and said failure continues for a period of within thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyingfrom Tenant specifying such failure, with reasonable particularityTenant’s exclusive and sole remedy shall be an action for damages, or, as set forth below, self-help rights. Tenant is granted no contractual right of termination by the nature Lease, except to the extent and only to the extent set forth in Section 11.1 and 16. Notwithstanding any other term or conditions of Landlord’s failure. If, however, this Lease to the failure cannot reasonably be cured within the thirty (30) day periodcontrary, Landlord shall not be in default hereunder if unless Landlord or Landlord’s Mortgagee commences fails to cure the perform obligations required of Landlord and such failure within the continues for more than thirty (30) days after written notice by Tenant; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter pursues diligently prosecutes the curing of same diligently to completion. If Said notice shall specify the exact alleged default. Following said notice and cure period, Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable (i) take any remedy available to it under this Lease; (ii) bring an action in a court of law to seek an award for any deficiency. In damages (in no event shall Tenant have be entitled to withhold rents or terminate this lease without a binding final judgment or decision by a court or arbitrator); or (iii) take the right to levy execution against any property of Landlord other than its interest self help measures set forth in the Complexfollowing paragraph. The foregoing In the event that Landlord fails to perform or provide any maintenance, repairs or replacements or to provide any utility service (each, a “Landlord’s Default”), then Tenant shall not limit any right provide a second written notice to Landlord, which notice shall describe the work that Tenant might have intends to obtain specific performance undertake and the estimated cost of such work, to the extent practical. In the event that Landlord fails to commence applicable repairs within five (5) business days following receipt of the second notice, Tenant may proceed to cure Landlord’s obligations hereunderDefault and Landlord shall reimburse Tenant for all reasonable third-party expenses and costs incurred by Tenant in curing Landlord’s Default, plus an additional five percent (5%) of such amount to compensate Tenant for the overhead and administrative costs relating to such cure, which obligation to reimburse shall survive the Expiration Date or earlier termination of this Lease. Tenant’s self help rights set forth in this paragraph are limited to items that do not affect (i) other leasable space, or (ii) Common Areas.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, except as expressly set forth herein, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s 's Mortgagee) Landlord’s 's Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s 's failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s 's Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s 's default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s 's actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s 's obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless and until Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) 90 days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s 's failure. If; provided, however, that if the failure cannot reasonably be cured within the thirty (30) 90 day time period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) 90 days and thereafter pursues the curing of same diligently to completion. If Landlord in curing its default hereunder is required to advertise for public bids for the work to complete such cure, then Landlord shall be deemed to have commenced such cure upon commencement of preparation of specifications to be used in advertising such public bids. If Landlord defaults under this Lease and, as a consequence of the default, Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall judgment, which must be limited to Tenant’s actual directfinal, but not consequential, damages therefor and shall be satisfied only out of of, and Tenant hereby agrees to look solely to, any money due by Tenant to Landlord under this Lease and the interest of Landlord in the Complex Leased Premises as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the ComplexLeased Premises. The foregoing Tenant's remedies for a default by Landlord hereunder shall be limited to claims for damages, specific performance and injunctive relief; and in no event shall Tenant be entitled to rescind or terminate this lease or Tenant's obligations hereunder as a consequence of such default by Landlord. Landlord shall not limit be obligated to impose taxes or any right that Tenant might have special assessments to obtain specific performance of Landlord’s satisfy its obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) 30 days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the failure cannot reasonably be cured within the thirty (30) -day period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) 30 days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (provided agrees that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in default hereunder unless Landlord fails to perform the obligations, if any, required of Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days after written notice by Tenant to Landlord and thereafter pursues to the curing holder of same diligently any first mortgage or deed of trust covering the Demised Premises and to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwiseany ground lessor, the judgment whose name and address shall be limited have theretofore been furnished to Tenant’s actual direct, but not consequentialin writing specifying wherein Landlord has failed to perform such obligation; provided, damages therefor and shall be satisfied only out however, that if the nature of the interest of Landlord in the Complex as the same may Landlord's obligation is such that more than thirty (30) days are required for performance, then be encumbered, and Landlord shall not otherwise be liable for any deficiencyin default if Landlord commences performance within such 30-day period and thereafter diligently prosecutes the same to completion within one hundred twenty (120) days thereafter. In no event shall Tenant have the right to levy execution against any property terminate this Lease as a result of Landlord's default, and Tenant's sole remedy shall be to effect the cure of such default itself and then bring separate action for reimbursement of its actual third party costs from Landlord other than its interest with it being expressly understood (i) Tenant shall in the Complexno event be entitled to a rent abatement, credit or offset and (ii) Landlord shall in no circumstance whatsoever be liable to Tenant for consequential damages. The foregoing Nothing herein contained shall not limit any right be interpreted to mean that Tenant might have to obtain specific performance is excused from paying rent due hereunder as a result of any default by Landlord’s obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless If Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) covenant, condition, or agreement contained in this Lease within 30 days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address receipt of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the from Tenant specifying such failure (or if such failure cannot reasonably be cured within the thirty (30) day period30 days, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences does not commence to cure the failure within the thirty (30) days that 30 day period and thereafter pursues the curing of same diligently prosecute such cure to completion. If ), then such failure shall constitute a default hereunder and Landlord shall be liable to Tenant recovers for any damages sustained by Tenant as a result of Landlord's default; provided, however, it is expressly understood and agreed that if Tenant obtains a money judgment against Landlord for Landlord’s resulting from any default of its obligations hereunder or otherwiseother claim arising under this Lease, the that judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the rents, issues, profits, and other income actually received on account of Landlord's right, title and interest in the Premises, Building and/or Shopping Center, and no other real, personal or mixed property of Landlord (or of any of the partners which comprise Landlord, or of partners or principals of such partners comprising Landlord, if any, or of Landlord's Officers, shareholders or directors, if any) wherever situated, shall be subject to levy, attachment or execution, or otherwise used to satisfy any such judgment. Tenant hereby waives any right to satisfy a judgment against Landlord except from the rents, issues, profits and other income actually received on account of Landlord's right, title and interest in the Complex as the same may then be encumberedPremises, and Landlord Building and/or Shopping Center. Tenant shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution terminate this Lease or to withhold, reduce or offset any cost of such cure against any property payments of Rent or any other charges due and payable to Landlord other than its under this Lease, except as otherwise specifically provided in this Lease. Tenant shall have the right to offset the amount of any money judgment obtained by Tenant against Landlord resulting from a default by Landlord under this Lease against payment of the minimum Annual Rent. Tenant agrees to send by certified or registered mail to any mortgagee or deed of trust beneficiary of the Shopping Center whose address has been furnished to Tenant, a copy of any notice of default served by Tenant on Landlord. Subject to the provisions of Paragraph 11.3 above, Tenant agrees that if Landlord fails to cure such default within the time provided for in this Lease, Tenant shall provide any such mortgagee or beneficiary with notice of such failure and such mortgagee or beneficiary shall have an additional 30 days following receipt of such notice to cure such default; provided that if such default cannot reasonably be cured within that additional 30 day period, then such mortgagee or beneficiary shall have such additional time to cure the default as is reasonably necessary under the circumstances. If neither Landlord nor any such mortgagee or beneficiary cures such default within the time periods provided above, then Tenant shall have the right to cure the default and recover the cost thereof, with interest thereon at the rate of ten percent (10%) per annum, as provided in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunderthis Article 26.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s 's Mortgagee) Landlord’s 's Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s 's failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s 's Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same for such longer period (not to exceed 120 days) diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s 's default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s 's actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s 's obligations hereunder.

DEFAULTS BY LANDLORD. Notwithstanding any provision to the contrary contained in this Lease, Landlord shall not be in default under this LeaseLease if, and Tenant shall not be entitled to exercise any rightonly if, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless (i) Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the from Tenant to Landlord (or if such failure cannot reasonably be cured within the thirty (such 30) -day period, Landlord fails to commence its curative actions within such 30-day period or having so commenced its curative actions, thereafter fails to diligently to pursue the curing of the same) and (ii) notice of default is sent by Tenant to Landlord’s lenders in accordance with any non-disturbance agreement signed by Tenant and Landlord’s lender. If Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing under this Lease and, as a consequence of same diligently to completion. If such default, Tenant recovers obtains a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the then such judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the right, title, and interest of Landlord in the Complex Building as the same may then be encumbered, including all rents due from tenants, insurance proceeds and Landlord shall not otherwise be liable for any deficiencyproceeds from condemnation or eminent domain proceedings. In no event shall Tenant have the right to levy execution against any property of Landlord other than its right, title and interest in the ComplexBuilding, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedings. Further, notwithstanding anything to the contrary in this Lease, in no event shall Landlord be liable for any consequential damages as a result of a breach of or default under this Lease. The foregoing rights and remedies under this Article 13 shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunderbe cumulative.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s 's Mortgagee) Landlord’s 's Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s 's failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s 's Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s 's default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s 's actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s 's obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this -------------------- Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s 's Mortgagee) Landlord’s 's Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s 's failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s 's Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s 's default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s 's actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s 's obligations hereunder.

DEFAULTS BY LANDLORD. 23.1. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease, Lease unless and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails until it has failed to perform any of its obligations hereunder and said failure continues for a period of such obligation within thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address receipt of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyingby Tenant to Landlord specifying such failure; provided, with reasonable particularityhowever, that if the nature of Landlord’s failure. If, however, the failure cannot reasonably be cured within the thirty (30) day period, Landlord shall not be in 's default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the is such that more than thirty (30) days are required for its cure, then Landlord shall not be deemed to be in default if it commences such cure within the thirty (30)-day period and thereafter pursues the curing of same diligently prosecutes such cure to completion. Tenant agrees to give any Mortgagee a copy, by certified mail, of any notice of default served upon Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then any such Mortgagee shall have an additional fifteen (15) days within which to have the right, but not the obligation, to cure such default on the part of the Landlord or if such default cannot be cured within that time, then such additional time as may be necessary if within that fifteen (15) days the Mortgagee has commenced and is pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings, if necessary, to effect such cure), in which event this Lease shall not be terminated while such remedies are being so pursued. If Tenant recovers a money any judgment against Landlord for Landlord’s a default by Landlord of its obligations hereunder or otherwisethis Lease, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then Project and neither Landlord nor any of its partners, shareholders, officers, directors, employees or agents shall be encumbered, and Landlord shall not otherwise be personally liable for any such default or for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Leaselease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Leaselease, unless and until Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) 30 days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s 's failure. If, provided, however, that if the failure cannot reasonably be cured within the thirty (30) 30 day time period, Landlord shall not be in default hereunder if Landlord or Landlord’s 's Mortgagee commences to cure the failure within the thirty (30) 30 days and thereafter pursues the curing of same diligently to completion. If Landlord defaults under this Lease and, as a consequence of the default. Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of of, and Tenant hereby agrees to look solely to, the interest of Landlord in the Complex Building and Property as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the ComplexBuilding or property. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s 's obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Lease if Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails .fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives delivers written notice thereof to Landlord (to each of the addresses required by this Section) and (provided that Tenant shall have been given each mortgagee who has a lien against any portion of the Property and whose name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyinghas been provided to Tenant, with reasonable particularity, the nature of Landlord’s failure. If, however, the provided that if such failure cannot reasonably be cured within the said thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure curative action is commenced within the said thirty (30) days day period and is thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiencypursued until cured. In no event shall (i) Tenant claim a constructive or actual eviction or that the Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the right implied warranty of suitability be deemed to levy execution against any property have occurred under this Lease, prior to the expiration of the notice and cure periods provided under this Section 14.3. Any notice of a failure to perform by Landlord other than its interest shall be sent to Landlord at the addresses and to the attention of the parties set forth in Item 14 of Article 1. Any notice of a failure to perform by Landlord not sent to Landlord at all addresses and/or to the Complex. The foregoing attention of all parties required under this Section and to each mortgagee who is entitled to notice or not sent in compliance with Article 15 shall not limit any right that Tenant might have to obtain specific performance be of Landlord’s obligations hereunderno force or effect.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Lease if Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty fifteen (3015) days after Tenant gives delivers written notice thereof to Landlord (to each of the addresses required by this Section) and (provided that Tenant shall have been given each mortgagee who has a lien against any portion of the Property and whose name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyinghas been provided to Tenant, with reasonable particularity, the nature of Landlord’s failure. If, however, the failure cannot reasonably be cured within the thirty provided that if such FAILURE CANNOT REASONABLY BE CURED WITHIN said fifteen (3015) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure curative action is commenced within the thirty said fifteen (3015) days day period and is thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiencypursued until cured. In no event shall (i) Tenant claim a constructive or actual eviction or that the Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the right implied warranty of suitability be deemed to levy execution against any property have occurred under this Lease, prior to the expiration of THE NOTICE AND CURE PERIODS PROVIDED under this Section 13.3. Any notice of a failure to perform by Landlord other than its interest shall be sent to Landlord at the addresses and to the attention of the parties set forth in the ComplexBasic Lease Provisions. The foregoing Any notice of a failure to perform by Landlord not sent to Landlord at all addresses and/or to the attention of all parties required under this Section and to each mortgagee who is entitled to notice or not sent in compliance with Article 14 below shall not limit any right that Tenant might have to obtain specific performance be of Landlord’s obligations hereunderno force or effect.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless If Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) covenant, condition, or agreement contained in this Lease within 30 days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address receipt of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the from Tenant specifying such failure (or if such failure cannot reasonably be cured within the thirty (30) day period30 days, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences does not commence to cure the failure within the thirty that 30 day period and complete such cure within ninety (3090) days after receipt of the written notice from Tenant, if reasonably possible), then such failure shall constitute a default hereunder and thereafter pursues the curing Landlord shall be liable to Tenant for any damages sustained by Tenant as a result of same diligently to completion. If Landlord's default; provided, however, it is expressly understood and agreed that if Tenant recovers obtains a money judgment against Landlord for Landlord’s resulting from any default of its obligations hereunder or otherwiseother claim arising under this Lease, the that judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out in an amount equal to the value of rents, issues, profits, and other income actually received on account of and the value of Landlord's right, title and interest in the Premises, Building and/or Shopping Center, and no other real, personal or mixed property of Landlord (or of any of the partners which comprise Landlord, or of partners or principals of such partners comprising Landlord, if any, or of Landlord's officers, shareholders or directors, if any) wherever situated, shall be subject to levy, attachment or execution, or otherwise used to satisfy any such judgment. Tenant hereby waives any right to satisfy a judgment against Landlord except from the rents, issues, profits and other income actually received on account of Landlord's right, title and interest of Landlord in the Complex Premises, Building and/or Shopping Center. If, after notice to Landlord of default, Landlord (or any first mortgagee or first deed of trust beneficiary of Landlord) fails to cure the default as provided below, then (subject to the same may then be encumbered, and Landlord provisions of Article 21.2. hereof) Tenant shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution cure that default at Landlord's expense. In such case Landlord shall pay the reasonable cost of such cure promptly following receipt of a xxxx from Tenant itemizing the cost of such cure. Tenant shall not have the right to terminate this Lease or to withhold, reduce or offset any cost of such cure against any property payments of Rent or any other charges due and payable to Landlord other than its interest under this Lease, except as otherwise specifically provided in this Lease. Tenant agrees to send by certified or registered mail to any mortgagee or deed of trust beneficiary of the ComplexShopping Center whose address has been furnished to Tenant, a copy of any notice of default served by Tenant on Landlord. The foregoing If Landlord fails to cure such default within the time provided for in this Lease, Tenant shall provide any such mortgagee or beneficiary with notice of such failure and such mortgagee or beneficiary shall have an additional 30 days following receipt of such notice to cure such default; provided that if such default cannot limit any right reasonably be cured within that Tenant might additional 30 day period, then such mortgagee or beneficiary shall have such additional time to obtain specific performance of Landlord’s obligations hereundercure the default as is reasonably necessary under the circumstances.

DEFAULTS BY LANDLORD. 23.1 Landlord shall not be deemed to be in default in the performance of any obligation under this Lease, Lease unless and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails until it has failed to perform any of its obligations hereunder and said failure continues for a period of such obligation within thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address receipt of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyingby Tenant to Landlord specifying such failure; provided, with reasonable particularityhowever, that if the nature of Landlord’s failure. If's default is such that more than thirty (30) days are required for its cure, however, the failure canthen Landlord shall not reasonably be cured deemed to be in default if it commences such cure within the thirty (30) day periodperiod and thereafter diligently prosecutes such cure to completion. Tenant agrees to give any Mortgagee a copy, by certified mail, of any notice of default served upon Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease. Then any such Mortgagee shall have an additional forty-five (45) days within which to have the right but not the obligation, to cure such default on the part of the Landlord or if such default cannot be cured within that time. Then such additional time as may be necessary if within that forty-five (45) days the Mortgagee has commenced and is pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings, if necessary; to effect such cure), in which event this Lease shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completionterminated while such remedies are being so pursued. If Tenant recovers a money any judgment against Landlord for Landlord’s a default by Landlord of its obligations hereunder or otherwise, this Lease the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then Project and neither Landlord nor any of its partners, shareholders, officers, directors, employees or agents shall be encumbered, and Landlord shall not otherwise be personally liable for any such default or for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.

DEFAULTS BY LANDLORD. If Landlord shall not should be in default in the performance of any of its obligations under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged which default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of more than thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address receipt of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyingfrom Tenant specifying such default, with reasonable particularity, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the nature of Landlord’s failure. If, however, time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the failure cannot reasonably be cured default within the such thirty (30) day periodperiod and diligently pursued such efforts to complete cure), Tenant may terminate this Lease and/or, in addition to any other remedy available at law or in equity, at its option, upon written notice, incur any expense necessary to perform the obligation of Landlord specified in such notice and deduct such expense from the rents or other charges next becoming due. Tenant may not terminate this Lease, however, unless an arbitration panel appointed as provided below determines that Tenant's use of the Demised Premises is materially and adversely affected, which may include, without limitation, inability of Tenant or its customers to obtain access to the Shopping Center or the Premises, or a material obstruction of parking in or visibility of the Premises. In the event that Tenant elects to terminate this Lease as provided herein, Tenant shall not be in default hereunder if notify Landlord, whereupon Landlord or Landlord’s Mortgagee commences to cure Tenant shall file formal demand for arbitration with the failure within office of the thirty American Arbitration Association (30"AAA") days in the county in which the Shopping Center is located. Each party shall thereafter conform with the schedule for the selection of arbitrators (who shall be three in number unless the parties otherwise agree) imposed by AAA; and thereafter pursues the curing parties shall conform with such schedule and rules of same diligently procedure as shall be determined by AAA or such selected arbitrators, including without limitation such schedule as may be determined for any and all discovery, and for the presentation of the case by each. The scope of permitted discovery, and the rules of discovery and procedure to completionbe followed by the parties, shall be determined exclusively by the arbitrators, after consultation with the parties; and the judgment of such arbitrators concerning such rules and scope shall be final. Such arbitrators shall render their determination whether Tenant's use of the Demised Premises has been materially and adversely affected. If so, Tenant recovers a money judgment against Landlord for Landlord’s default may terminate this Lease. If such arbitrators determine that use of its obligations hereunder or otherwisethe Demised Premises has not been materially and adversely affected, the judgment Tenant may not terminate this Lease, and Tenant's remedies shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord those available under this Lease (except termination) or those available at law or in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunderequity.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, Lease if and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless only if Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives delivers written notice thereof to Landlord (to each of the addresses required by this Section) and (provided that Tenant shall have been given each mortgagee who has a lien against any portion of the Property and whose name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyinghas been provided to Tenant, with reasonable particularity, the nature of Landlord’s failure. If, however, the provided that if such failure cannot reasonably be cured within the said thirty (30) day period, Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure curative action is commenced within the said thirty (30) days day period and is thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiencypursued until cured. In no event shall (a) Tenant claim a constructive or actual eviction or that the Premises have become unsuitable hereunder or (b) a constructive or actual eviction or breach of the right implied warranty of suitability be deemed to levy execution against any property have occurred under this Lease, prior to the expiration of the notice and cure periods provided under this Section 13.3. Any notice of a failure to perform by Landlord other than its interest shall be sent to Landlord at the addresses and to the attention of the parties set forth in the ComplexBasic Lease Provisions. The foregoing Any notice of a failure to perform by Landlord not sent to Landlord at all addresses and/or to the attention of all parties required under this Section and to each mortgagee who is entitled to notice or not sent in compliance with Article 14 below shall not limit any right that Tenant might have to obtain specific performance be of Landlord’s obligations hereunderno force or effect.

DEFAULTS BY LANDLORD. 23.1 Landlord shall not be deemed to be in default in the performance of any obligation under this Lease, Lease unless and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails until it has failed to perform any such obligation within (30) days after receipt of its obligations hereunder and said failure continues for a period written notice by Tenant to Landlord specifying such failure; provided, however, that if the nature of Landlord's default is such that more than thirty (30) days after Tenant gives are required for its cure, then Landlord and (provided that Tenant shall have been given the name and address of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the failure cannot reasonably be cured deemed to be in default if it commences such cure within the thirty (3030)-day period and thereafter diligently prosecutes such cure to completion. Notwithstanding the foregoing, Landlord's failure to provide Tenant with water, electricity, heating, ventilating and air conditioning and elevator service ("essential services") day periodwithin ten (10) days after the receipt of the written notice from tenant specifying such failure shall be deemed a default of this lease so long as failure was caused by the negligence or willful misconduct of Landlord and in that event, Tenant shall have the right to obtain such services from a third party. Tenant agrees to give any Mortgagee a copy, by certified mail, of any notice of default served upon Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then any such Mortgagee shall have an additional forty-five (45) days within which to cure such default on the part of the Landlord or if such default cannot be cured within that time, then such additional time as may be necessary if within that forty-five (45) days the Mortgagee has commenced and is pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings, if necessary, to effect such cure), in which event this Lease shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completionterminated while such remedies are being so pursued. If Tenant recovers a money any judgment against Landlord for Landlord’s a default by Landlord of its obligations hereunder or otherwisethis Lease, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then Project and neither Landlord nor any of its partners, shareholders, officers, directors, employees or agents shall be encumbered, and Landlord shall not otherwise be personally liable for any such default or for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be deemed to be in default in the performance of any obligation under this Lease, Lease unless and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails until it has failed to perform any of its obligations hereunder and said failure continues for a period of such obligation within thirty (30) days after Tenant gives Landlord and (provided that Tenant shall have been given the name and address receipt of Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifyingby Tenant to Landlord specifying such failure; provided, with reasonable particularityhowever, that if the nature of Landlord’s failure. If's default is such that more than thirty (30) days are required for its cure, however, the failure canthen Landlord shall not reasonably be cured deemed to be in default if it commences such cure within the thirty (30) day periodperiod and thereafter diligently prosecutes such cure to completion. Tenant agrees to give any Mortgagee a copy, by registered mail, of any notice of default served upon Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee. Tenant further agrees that if Landlord shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences have failed to cure the failure such default within the time provided for in this Lease, then any such Mortgagee shall have an additional thirty (30) days within which to cure such default on the part of the Landlord or if such default cannot be cured within that time, then such additional time as may be necessary if within that thirty (30) days the Mortgagee has commenced and thereafter pursues is pursuing the curing remedies necessary to cure such default (including but not limited to commencement of same diligently foreclosure proceedings, if necessary to completioneffect such cure), in which event this Lease shall not be terminated while such remedies are being so pursued. If Tenant recovers a money any judgment against Landlord for Landlord’s a default by Landlord of its obligations hereunder or otherwisethis Lease, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then Project and neither Landlord nor any of its partners, shareholders, officers, directors, employees or agents shall be encumbered, and Landlord shall not otherwise be personally liable for any such default or for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless If Landlord fails to perform any of its obligations hereunder the terms, conditions or covenants contained in this Lease which are to be performed by Landlord and said if such failure continues for a period of thirty is not remedied within fifteen (3015) days after written notice of such failure is given by Tenant gives to Landlord (or if more than fifteen (15) days shall be reasonably required to cure such failure, if 23610.4-725260 v3, jdl 4-18-12 Landlord does not commence to remedy such failure within such fifteen (15) days or thereafter does not proceed diligently to cure such failure), then in such event Landlord shall be deemed to be in default and (provided that shall be responsible to Tenant shall have been given the name for any and address all damages sustained by Tenant as a result of Landlord’s Mortgagee) Landlord’s Mortgagee written notice breach. If the Premises or any part thereof specifyingare at any time subject to a mortgage or a deed of trust, Tenant shall also comply with reasonable particularitythe provisions of Section 24, the nature of Landlord’s failureSubordination Clause. If, however, the failure cannot reasonably be cured within the thirty (30) day periodafter compliance with this Section, Landlord has not cured such default, Tenant shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to cure the failure within the thirty (30) days and thereafter pursues the curing of same diligently to completion. If Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain seek specific performance of or to cure any such default at Landlord’s obligations hereunderexpense including in such expenditure all costs and attorneys’ fees and, thereafter, bill such costs and attorneys’ fees to Landlord and demxxx immediate payment thereof. If such payment is not made by Landlord, Tenant may proceed to collect the same through any legal action or may offset such against the next Minimum Base Rent and Tenant’s Proportionate Share rent due hereunder until such are recaptured. Tenant shall have no right to terminate this Lease, however, unless Landlord violates Section 26 (Quiet Enjoyment) below.

DEFAULTS BY LANDLORD. Landlord shall not be in default under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) 30 days after Tenant gives Tenaxx xxxes Landlord and (provided that Tenant shall have been given the name and address of Landlord’s 's Mortgagee) Landlord’s 's Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failureLandxxxx'x xailure. If, however, the failure cannot reasonably be cured within the thirty (30) -day period, Landlord shall not be in default hereunder if Landlord or Landlord’s 's Mortgagee commences to cure the failure within the thirty (30) 30 days and thereafter pursues the curing of same diligently to completion. If Tenant recovers Tenaxx xxxovers a money judgment against Landlord for Landlord’s 's default of its obligations hereunder or otherwise, the judgment shall be limited to Tenant’s 's actual direct, but not consequential, damages therefor and shall be satisfied only out of the interest of Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s 's obligations hereunder.

DEFAULTS BY LANDLORD. Except for any delay in Landlord’s performance of any of Landlord’s obligations hereunder caused by Force Majeure, a Landlord Default (herein so called) shall not be in default exist under this Lease, and Tenant shall not be entitled to exercise any right, remedy or recourse against Landlord or otherwise as a consequence of any alleged default by Landlord under this Lease, unless Lease if Landlord fails to perform any of its Landlord’s obligations hereunder and said failure continues for a period of thirty (30) days after Tenant gives Landlord and (and, provided that Tenant shall have been given the name and mailing address of any Landlord’s Mortgagee, each such Landlord’s Mortgagee) Landlord’s Mortgagee written notice thereof specifying, with reasonable particularity, the nature of Landlord’s failure. Ifdefault; provided, however, that if the failure default cannot reasonably be cured within the such thirty (30) day time period, Landlord then such thirty (30) day period shall not be in default hereunder extended to an aggregate period of ninety (90) days if Landlord or any Landlord’s Mortgagee commences to cure the failure within the thirty (30) days default after Tenant gives such notice and thereafter diligently pursues the curing of same diligently to completion. If Tenant’s sole and exclusive remedy for any uncured default by Landlord hereunder, in lieu of all other remedies, at law, in equity, or pursuant to this Lease (all of which other remedies, if any, Tenant recovers a money judgment against Landlord for Landlord’s default of its obligations hereunder or otherwise, the judgment hereby expressly waives and abandons) shall be limited the right to pursue an action to recover only Tenant’s actual direct, but not consequential, monetary damages therefor and shall be satisfied only out of the interest of proximately caused by such default by Landlord in the Complex as the same may then be encumbered, and Landlord shall not otherwise be liable for any deficiency. In no event shall Tenant have the right to levy execution against any property of Landlord other than its interest in the Complex. The foregoing shall not limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunderunder this Lease.