DEFAULTS BY LANDLORD. If Landlord should be in default in the performance of any of its obligations under this Lease, which default continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such default, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, at its option, upon written notice, terminate this Lease, or may incur any expense necessary to perform the obligation of Landlord specified in such notice and deduct such expense from the Rent or other charges next becoming due.
Appears in 3 contracts
Samples: Industrial Lease (MST Enterprises Inc), Industrial Lease (MST Enterprises Inc), Industrial Lease (MST Enterprises Inc)
DEFAULTS BY LANDLORD. If Landlord should be in default in the performance of any of its material obligations under this Lease, which default continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such defaultdefault with particularity, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such curetoward completion), Tenant mayTenant, in addition to any other remedy available at law or in equity, equity at its option, upon written notice, may terminate this Lease, or may incur any expense necessary to perform the obligation of Landlord specified in such notice and deduct such expense from the Rent or other charges next becoming due.
Appears in 2 contracts
Samples: Real Property Purchase and Sale Agreement (First Physicians Capital Group, Inc.), Lease (First Physicians Capital Group, Inc.)
DEFAULTS BY LANDLORD. If Landlord should be in default in the performance of any of its obligations under this Lease, which default continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such default, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, at its option, upon written notice, terminate this Lease, or may incur any expense necessary to perform the obligation of Landlord specified in such notice and deduct such expense from the Base Rent or other charges and payments next becoming due.
Appears in 1 contract
Samples: Lease (MST Enterprises Inc)
DEFAULTS BY LANDLORD. If Landlord should be in default defaults in the performance of any of its obligations under this Lease, which default continues for a period of more than thirty (30) days after receipt of written notice from Tenant to Landlord and Landlord's lender, if any, specifying such default, ; or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, equity at its option, upon written notice, terminate this Lease, or may incur any expense necessary to perform the obligation of Landlord specified in such notice and deduct such expense from the Base Rent or other charges next becoming due.
Appears in 1 contract
DEFAULTS BY LANDLORD. If Landlord should be in default defaults in the performance of any of its obligations under this Lease, which default continues for a period of more than thirty (30) days after receipt of written notice from Tenant to Landlord and Landlord's lender, if any, specifying such default, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, equity at its option, upon written notice, terminate this Lease, or may incur any expense necessary to perform the obligation of Landlord specified in such notice and deduct such expense from the Base Rent or other charges next becoming due.
Appears in 1 contract
DEFAULTS BY LANDLORD. If Landlord should be in default in the performance of any of its obligations under this Lease, which default continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such default, or if such default is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day days period to cure the default and diligently pursued and continuously thereafter pursues such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, at its option, upon written notice, terminate this Lease, or may incur any expense expenses reasonably necessary to perform the obligation of Landlord specified in such notice and deduct such invoice Landlord for the reasonable expenses or setoff said expense from against the Rent or other charges next becoming dueRental Amount.
Appears in 1 contract
Samples: Lease Agreement (Smart Choice Automotive Group Inc)