Common use of DEFAULTS BY LANDLORD Clause in Contracts

DEFAULTS BY LANDLORD. Notwithstanding any provision to the contrary contained in this Lease, Landlord shall be in default under this Lease if, and only if, (i) Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after written notice thereof from Tenant to Landlord (or if such failure cannot reasonably be cured within 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 be in default under this Lease and, as a consequence of such default, Tenant obtains a judgment against Landlord, then such judgment shall be satisfied only out of the right, title, and interest of Landlord in the Building as the same may then be encumbered, including all rents due from tenants, insurance proceeds and proceeds 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 Building, 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 be cumulative.

DEFAULTS BY LANDLORD. Notwithstanding any provision to the contrary contained in this Lease, Landlord shall not be in default under this Lease iflease, and only ifTenant shall not be entitled to exercise any right, (i) 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) 30 days after Tenant gives Landlord written notice thereof from Tenant to Landlord (or specifying, with reasonable particularity, the nature of Landlord's failure, provided, however, that if such the failure cannot reasonably be cured within such 30-the 30 day time period, Landlord fails shall not be in default hereunder if Landlord or Landlord's Mortgagee commences to commence its curative actions cure the failure within such 30-day period or having so commenced its curative actions, the 30 days and thereafter fails to diligently to pursue pursues the curing of the same) and (ii) notice of default is sent by Tenant same diligently to Landlord’s lenders in accordance with any non-disturbance agreement signed by Tenant and Landlord’s lendercompletion. If Landlord shall be in default defaults under this Lease and, as a consequence of such the default, . Tenant obtains recovers a money judgment against Landlord, then such the judgment shall be satisfied only out of the right, titleof, and Tenant hereby agrees to look solely to, the interest of Landlord in the Building and Property as the same may then be encumbered, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedingsLandlord 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 right, title and interest in the Building, including all rents due from tenants, insurance proceeds and proceeds from condemnation Building 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 Leaseproperty. The foregoing rights and remedies under this Article 13 shall be cumulativenot limit any right that Tenant might have to obtain specific performance of Landlord's obligations hereunder.

DEFAULTS BY LANDLORD. Notwithstanding any provision to the contrary contained in this Lease, Landlord shall not be in default under this Lease ifLease, and only ifTenant shall not be entitled to exercise any right, (i) 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 Tenaxx xxxes Landlord and (provided that Tenant shall have been given the name and address of Landlord's Mortgagee) Landlord's Mortgagee written notice thereof from Tenant to Landlord (or if such specifying, with reasonable particularity, the nature of Landxxxx'x xailure. If, however, the failure cannot reasonably be cured within such the 30-day period, Landlord fails shall not be in default hereunder if Landlord or Landlord's Mortgagee commences to commence its curative actions cure the failure within such 30-day period or having so commenced its curative actions, the 30 days and thereafter fails to diligently to pursue pursues the curing of the same) and (ii) notice of default is sent by Tenant same diligently to Landlord’s lenders in accordance with any non-disturbance agreement signed by Tenant and Landlord’s lendercompletion. If Tenaxx xxxovers a money judgment against Landlord for Landlord's default of its obligations hereunder or otherwise, the judgment shall be in default under this Lease andlimited to Tenant's actual direct, as a consequence of such defaultbut not consequential, Tenant obtains a judgment against Landlord, then such judgment damages therefor and shall be satisfied only out of the right, title, and interest of Landlord in the Building Complex as the same may then be encumbered, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedingsLandlord 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 right, title and interest in the Building, 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 LeaseComplex. The foregoing rights and remedies under this Article 13 shall be cumulativenot limit any right that Tenant might have to obtain specific performance of Landlord's obligations hereunder.

DEFAULTS BY LANDLORD. Notwithstanding any provision to 21.1 In the contrary contained in this Lease, Landlord shall be in default under this Lease if, and only if, (i) event Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty under this Lease within twenty (3020) days after written notice thereof from Tenant to Landlord specifying the nature of the default (or if such failure cannot additional time as is reasonably be cured within required to cure such 30-day perioddefault), 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 be in liable to Tenant for damages proximately sustained by Tenant as a result of Landlord's default, excluding any claimed lest profits or consequential damages which Tenant hereby expressly waives; provided, however, it is expressly understood and agreed that any money judgment resulting from any default or other claim arising under this Lease and, as a consequence of such default, Tenant obtains a judgment against Landlord, then such judgment by Landlord shall be satisfied only out of Landlord's estate in and to the rightreal property and improvements constituting the Shopping Center, titlesubject, however, to the prior rights of the holder of any mortgage or deed of trust or other security interest covering same, and interest of Landlord in the Building as the same may then be encumberedno other real, including all rents due from tenants, insurance proceeds and proceeds from condemnation personal or eminent domain proceedings. In no event shall Tenant have the right to levy execution against any mixed property of Landlord other than its right(the term "Landlord" for purposes of this Section only shall mean any and all partners, title both general and/or limited, if any, which comprise Landlord), wherever situated, shall be subject to levy on any such judgment obtained against Landlord and interest whether or not such property is sufficient for the payment of such judgment, Tenant will not institute any further action, suit, claim or demand, in law or in equity, against Landlord for or on the account of such deficiency. Tenant hereby waives, to the extent waivable under law, any right to satisfy such money judgment against Landlord except from Landlord's estate in the BuildingShopping Center as aforesaid. 21.2 If the premises or any part thereof are at any time subject to a ground lease or master lease or a mortgage or a deed of trust and this Lease or rentals due from Tenant hereunder are assigned to such ground lessor or master lessor or mortgagee, trustee or beneficiary ("Assignee" for purposes of this Section 21 only) and Tenant is given written notice thereof, 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 be cumulative.post office

DEFAULTS BY LANDLORD. Notwithstanding In the event Landlord shall neglect or fail to perform or observe any provision to of the contrary covenants, provisions, or conditions contained in this Lease, Landlord shall be in Lease within thirty (30)days after written notice of default under this Lease if, and only if, (i) Landlord fails to perform any of its obligations hereunder and said failure continues for a period of or if more than thirty (30) days shall be required because of the nature of default, if Landlord shall fail to proceed diligently to cure such default after written notice thereof from Tenant to Landlord (or if such failure cannot reasonably be cured within 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 samethereof) and (ii) notice of default is sent by Tenant to Landlord’s lenders then in accordance with any non-disturbance agreement signed by Tenant and Landlord’s lender. If that event Landlord shall be in default under responsible to Tenant for any and all damages sustained by Tenant as result of Landlord's breach. If the Premises or any part thereof are at any time subject to a mortgage or a deed of trust and this Lease andor the rentals due from Tenant hereunder are assigned to such mortgagee, trustee or beneficiary (Assignee) and Tenant is given written notice thereof, including the post office address to such Assignee, then Tenant shall give written notice to such Assignee, specifying the default in reasonable detail, and affording such Assignee a reasonable opportunity to make performance for and on behalf of Landlord. If and when the same Assignee has made performance on behalf of the Landlord, such default shall be deemed cured. If, after such notice to Landlord and Assignee if any, Landlord and Assignee shall fail to cure such default as a consequence of such defaultprovided herein, Tenant obtains a judgment against Landlord, then such judgment shall be satisfied only out of the right, title, and interest of Landlord in the Building as the same may then be encumbered, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedings. In no event shall Tenant have the right to levy execution against cure any property of Landlord other than its right, title such default and interest in offset the Buildingcost to cure the default, including all rents due from tenants, insurance proceeds costs and proceeds from condemnation attorney's fees incurred to cure such default or eminent domain proceedings. Further, notwithstanding anything to the contrary in this breach of Lease, in no event shall Landlord be liable for against any consequential damages as a result of a breach of or default rental due under this Lease. The foregoing rights and remedies under this Article 13 shall be cumulative.

DEFAULTS BY LANDLORD. Notwithstanding any provision to the contrary contained in this Lease, Tenant agrees that Landlord shall not be in default under this Lease if, and only if, (i) hereunder unless Landlord fails to perform any the obligations, if any, required of its obligations hereunder and said failure continues for a period of Landlord within thirty (30) days after written notice thereof from by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Demised Premises and to any ground lessor, whose name and address shall have theretofore been furnished to Tenant, in writing specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (or 30) days are required for performance, then Landlord shall not be in default if such failure cannot reasonably be cured within such 30-day period, Landlord fails to commence its curative actions commences performance within such 30-day period or having so commenced its curative actions, and 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 be in default under this Lease and, as a consequence of such default, Tenant obtains a judgment against Landlord, then such judgment shall be satisfied only out of the right, title, and interest of Landlord in the Building as prosecutes the same may then be encumbered, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedingsto completion within one hundred twenty (120) days thereafter. 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 Building, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedings. Further, notwithstanding anything to the contrary in terminate this Lease, in no event shall Landlord be liable for any consequential damages Lease as a result of a breach of or default under this Lease. The foregoing rights Landlord's default, and remedies under this Article 13 Tenant's sole remedy shall be cumulativeto effect the cure of such default itself and then bring separate action for reimbursement of its actual third party costs from Landlord with it being expressly understood (i) Tenant shall in no 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. Nothing herein contained shall be interpreted to mean that Tenant is excused from paying rent due hereunder as a result of any default by Landlord.

DEFAULTS BY LANDLORD. Notwithstanding any provision to the contrary contained in this Lease, Landlord shall be in default under this Lease if, and only if, (i) if Landlord fails to perform any of its obligations hereunder and said failure continues for a period of thirty (30) days after Tenant delivers written notice thereof from Tenant to Landlord (or to each of the addresses required by this Section) and each mortgagee who has a lien against any portion of the Project and whose name and address has been provided to Tenant, provided that if such failure cannot reasonably be cured within such said thirty (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 under this Lease and, as a consequence of such default, Tenant obtains a judgment against Landlord, then such judgment shall be satisfied only out of hereunder if the right, title, curative action is commenced within said thirty (30) day period and interest of Landlord in the Building as the same may then be encumbered, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedingsis thereafter diligently pursued 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 of Landlord other than its right, title and interest in the Building, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedings. Further, notwithstanding anything to the contrary in have occurred under this Lease, in no event shall Landlord be liable for any consequential damages as a result prior to the expiration of the notice and cure periods provided under this Section 13.3. Any notice of a breach failure to perform by Landlord shall be sent to Landlord at the addresses and to the attention of or default the parties set forth in 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 Lease. The foregoing rights Section and remedies under this to each mortgagee who is entitled to notice (provided Landlord has provided Tenant with notice requirements for said mortgagee) or not sent in compliance with Article 13 14 below shall be cumulativeof no force or effect.

DEFAULTS BY LANDLORD. Notwithstanding any provision to the contrary contained in this Lease, Landlord shall not be in default under this Lease ifLease, and only ifTenant shall not be entitled to exercise any right, (i) 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 from Tenant to Landlord (or if such specifying, with reasonable particularity, the nature of Landlord’s failure. If, however, the failure cannot reasonably be cured within such the 30-day period, Landlord fails shall not be in default hereunder if Landlord or Landlord’s Mortgagee commences to commence its curative actions cure the failure within such 30-day period or having so commenced its curative actions, the 30 days and thereafter fails to diligently to pursue pursues the curing of the same) and (ii) notice of default is sent by same diligently to completion. If Tenant to recovers a money judgment against Landlord for Landlord’s lenders in accordance with any non-disturbance agreement signed by Tenant and Landlord’s lender. If Landlord default of its obligations hereunder or otherwise, the judgment shall be in default under this Lease andlimited to Tenant’s actual direct, as a consequence of such defaultbut not consequential, Tenant obtains a judgment against Landlord, then such judgment damages therefor and shall be satisfied only out of the right, title, and interest of Landlord in the Building Complex as the same may then be encumbered, including all rents due from tenants, insurance proceeds and proceeds from condemnation or eminent domain proceedingsLandlord 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 right, title and interest in the Building, 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 LeaseComplex. The foregoing rights and remedies under this Article 13 shall be cumulativenot limit any right that Tenant might have to obtain specific performance of Landlord’s obligations hereunder.