Common use of DEFAULTS BY LANDLORD Clause in Contracts

DEFAULTS BY LANDLORD. Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such material obligation, subject to force majeure events, within thirty (30) days after the receipt of ----- ------- notice thereof from Tenant (or, in the case of a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- of the notice thereof from Tenant); provided, however that if the nature of such material default is such that the same cannot reasonably be cured within such thirty (30) day period (or 15 day period, as the case may be), Landlord shall not be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to this Lease, except as otherwise expressly set forth herein.

DEFAULTS BY LANDLORD. Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if and only if Landlord has failed fails to perform such material obligation, subject to force majeure events, within any of its obligations hereunder and said failure continues for a period of thirty (30) days after the receipt of ----- ------- Tenant delivers written notice thereof from Tenant (or, in the case of to Landlord and each mortgagee who has a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- lien against any portion of the notice thereof from Property and whose name and address has been provided to Tenant); provided, however provided that if the nature of such material default is such that the same failure cannot reasonably be cured within such said thirty (30) day period, Landlord shall not be in default hereunder if the curative action is commenced within said thirty (30) day period and is thereafter diligently and continuously pursued until cured. In no event shall (i) Tenant claim a constructive or 15 day period, as actual eviction or that the case may be), Landlord shall not Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of any implied warranty be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to have occurred under this Lease, except as otherwise expressly 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 shall be sent to Landlord at the addresses and to the attention of the parties set forth hereinin the Basic Lease Provisions. 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 be of no force or effect. Landlord advises tenant that the current mortgagee of the Property is Bank of America, N.A., whose address is Bank of America, N.A., Capital Markets Services Group 000 Xxxx Xxxxx Xxxxxx, Xxxxx 000, Mail Code NC1-026-06-01, Xxxxxxxxx, Xxxxx Xxxxxxxx 00000.

DEFAULTS BY LANDLORD. Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if Landlord has failed fails to perform such material obligation, subject to force majeure events, within any of its obligations hereunder and said failure continues for a period of thirty (30) days after the receipt of ----- ------- Tenant delivers written notice thereof from Tenant to Landlord (or, in the case of a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- each of the notice thereof from addresses required by this Section) and each mortgagee who has a lien against any portion of the Property and whose name and address has been provided to Tenant); provided, however provided that if the nature of such material default is such that the same failure cannot reasonably be cured within such said thirty (30) day period, Landlord shall not be in default hereunder if the curative action is commenced within said thirty (30) day period and is thereafter diligently pursued until cured. In no event shall (i) Tenant claim a constructive or 15 day period, as actual eviction or that the case may be), Landlord shall not Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to have occurred under this Lease, except as otherwise expressly 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 shall be sent to Landlord at the addresses and to the attention of the parties set forth hereinin the Basic Lease Provisions. 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 be of no force or effect.

DEFAULTS BY LANDLORD. Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if Landlord has failed fails to perform such material obligation, subject to force majeure events, within any of its obligations hereunder and said failure continues for a period of thirty (30) days after the receipt of ----- ------- Tenant delivers written notice thereof from Tenant to Landlord (or, in the case of a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- each of the notice thereof from addresses required by this Section) and each mortgagee who has a lien against any portion of the Property and whose name and address has been provided to Tenant); provided, however provided that if the nature of such material default is such that the same failure cannot reasonably be cured within such said thirty (30) day period, Landlord shall not be in default hereunder if the curative action is commenced within said thirty (30) day period and is thereafter diligently pursued until cured. In no event shall (i) Tenant claim a constructive or 15 day period, as actual eviction or that the case may be), Landlord shall not Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to have occurred under this Lease, except as otherwise expressly prior to the expiration of the notice and cure periods provided under this subparagraph 44(D). Any notice of a failure to perform by Landlord shall be sent to Landlord at the addresses and to the attention of the parties set forth hereinin the Basic Lease Provisions. 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 Paragraph and to each mortgagee who is entitled to notice or not sent in compliance with Paragraph 57 below shall be of no force or effect.

DEFAULTS BY LANDLORD. EXCEPT AS SET FORTH IN SECTION 5.4, Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if Landlord has failed fails to perform such material obligation, subject to force majeure events, within any of its obligations hereunder and said failure continues for a period of thirty (30) days after the receipt of ----- ------- Tenant delivers written notice thereof from Tenant to Landlord (or, in the case of a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- each of the notice thereof from addresses required by this Section) and each mortgagee who has a lien against any portion of the Property and whose name and address has been provided to Tenant); provided, however provided that if the nature of such material default is such that the same failure cannot reasonably be cured within such said thirty (30) day period, Landlord shall not be in default hereunder if the curative action is commenced within said thirty (30) day period and is thereafter diligently pursued until cured. EXCEPT AS SET FORTH IN SECTION 5.4, in no event shall (i) Tenant claim a constructive or 15 day period, as actual eviction or that the case may be), Landlord shall not Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to have occurred under this Lease, except as otherwise expressly 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 shall be sent to Landlord at the addresses and to the attention of the parties set forth hereinin the Basic Lease Provisions. 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 be of no force or effect.

DEFAULTS BY LANDLORD. Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if Landlord has failed fails to perform such material obligation, subject to force majeure events, within any of its obligations hereunder and said failure continues for a period of thirty (30) days after the receipt of ----- ------- Tenant delivers written notice thereof from Tenant to Landlord (or, in the case of a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- each of the notice thereof from addresses required by this Section) and each mortgagee who has a lien against any portion of the Property and whose name and address has been provided to Tenant); provided, however provided that if the nature of such material default is such that the same failure cannot reasonably be cured within such said thirty (30) day period, Landlord shall not be in default hereunder if the curative action is commenced within said thirty (30) day period and is thereafter diligently pursued until cured. In no event shall (i) Tenant claim a constructive or 15 day period, as actual eviction or that the case may be), Landlord shall not Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to have occurred under this Lease, except as otherwise expressly 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 shall be sent to Landlord at the addresses and to the attention of the parties set forth hereinin the Basic Lease Provisions. 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 be of no force or effect.

DEFAULTS BY LANDLORD. Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if and only if Landlord has failed fails to perform such material obligation, subject to force majeure events, within any of its obligations hereunder and said failure continues for a period of thirty (30) days after the receipt of ----- ------- Tenant delivers written notice thereof from Tenant to Landlord (or, in the case of a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- each of the notice thereof from addresses required by this Section) and each mortgagee who has a lien against any portion of the Property and whose name and address has been provided to Tenant); provided, however provided that if the nature of such material default is such that the same failure cannot reasonably be cured within such said thirty (30) day period, Landlord shall not be in default hereunder if the curative action is commenced within said thirty (30) day period and is thereafter diligently pursued until cured. In no event shall (a) Tenant claim a constructive or 15 day period, as actual eviction or that the case may be), Landlord shall not Premises have become unsuitable hereunder or (b) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to have occurred under this Lease, except as otherwise expressly 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 shall be sent to Landlord at the addresses and to the attention of the parties set forth hereinin the Basic Lease Provisions. 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 be of no force or effect.

DEFAULTS BY LANDLORD. Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if and only if Landlord has failed fails to perform such material obligation, subject to force majeure events, within any of its obligations hereunder and said failure continues for a period of thirty (30) days after the receipt of ----- ------- Tenant delivers written notice thereof from Tenant to Landlord (or, in the case of a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- each of the notice thereof from Tenant); providedaddresses required by this Section) and each mortgagee who has a lien against any portion of the Property and whose name and address has been provided to Tenant by written notice, however provided that if the nature of such material default is such that the same failure cannot reasonably be cured within such said thirty (30) day period, Landlord shall not be in default hereunder if the curative action is commenced within said thirty (30) day period and is thereafter diligently pursued until cured. In no event shall (i) Tenant claim a constructive or 15 day periodactual eviction or that the Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or Renaissance Tower/ Priority Fulfillment Services, as Inc. breach of the case may be), Landlord shall not implied warranty of suitability be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to have occurred under this Lease, except as otherwise expressly 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 shall be sent to Landlord at the addresses and to the attention of the parties set forth hereinin the Basic Lease Provisions. 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 (and whose address has been provided to Tenant by written notice) or not sent in compliance with Article 14 below shall be of no force or effect. Nothing set forth in this Section 13.3 shall diminish either Tenant’s rights to abatement of rent as provided for in Section 5.402.

DEFAULTS BY LANDLORD. Landlord shall be in default in the -------------------- performance of any material obligation required to be performed by Landlord under this Lease if Landlord has failed fails to perform such material obligation, subject to force majeure events, within any of its obligations hereunder and said failure continues for a period of thirty (30) days after the receipt of ----- ------- Tenant delivers written notice thereof from Tenant to Landlord (or, in the case of a failure by Landlord to provide the services described in Article 7, within fifteen (15) days after the receipt --------- each of the notice thereof from addresses required by this Section) and each mortgagee who has a lien against any portion of the Property and whose name and address has been given to Tenant); provided, however provided that if the nature of such material default is such that the same failure cannot reasonably be cured within such said thirty (30) day period, Landlord shall not be in default hereunder if the curative action is commenced within said thirty (30) day period and is thereafter diligently pursued until cured. In no event shall (l) Tenant claim a constructive or 15 day period, as actual eviction or that the case may be), Landlord shall not Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to be in default if Landlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. Upon any such material default by Landlord ("Landlord Default"), Tenant may exercise any of its rights provided at law or in equity (including without limitation any right to terminate this Lease) but nothing herein shall be deemed to give Tenant the right to offset against rent or other sums due pursuant to have occurred under this Lease, except as otherwise expressly 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 shall be sent to Landlord at the addresses and to the attention of the parties set forth hereinin 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 attention of all parties required under this Section and to each mortgagee who is entitled to notice and not sent in compliance with Article 15 shall be of no force or effect.