Common use of DEFAULTS BY LANDLORD Clause in Contracts

DEFAULTS BY LANDLORD. 20.1 In the event Landlord shall neglect or fail to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed within thirty (30) days after written notice of default or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to proceed diligently to cure such default after written notice thereof, then in that event Landlord shall be liable to Tenant for any and all damages sustained by Tenant as a result of Landlord's breach; provided, however, it is expressly understood and agreed that any money judgment resulting from any default or other claim arising under this Lease shall be satisfied only out of the rents, issues, profits and other income ("income") actually received from the operation of the Shopping Center and the U.S. 19 Premises, and no other real, personal or mixed property of Landlord (the term "Landlord" for purposes of this Article 20 only shall mean any and all partners, 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 if such income is insufficient 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 said money judgment against Landlord except from income received by Landlord from the operation of the Shopping Center and the U.S. 19

DEFAULTS BY LANDLORD. 20.1 In the event If Landlord shall neglect or fail to perform or observe any of the terms, covenants, provisions or conditions contained in this Lease on its part to be performed or observed within thirty (30) days after written notice of default or if or, when more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to proceed diligently to cure such default after written notice thereof, then in that event Landlord shall be liable to Tenant for any and all damages sustained by Tenant as a result of Landlord's breach; provided, however, it is expressly understood and agreed that (a) any money judgment resulting from any default or other claim arising under this Lease shall be satisfied only out of the current rents, issues, profits and other income ("income") actually received Landlord receives from the its operation of the Shopping Center Property, net of all current operating expenses, liabilities, reserves and the U.S. 19 Premisesdebt service associated with said operation ("Net Income" for purposes of this Article 15 only), and (b) no other real, personal or mixed property of Landlord (the term "Landlord" for purposes of this Article 20 only shall mean any and all partners, both general and/or limited, if any, which comprise Landlord), wherever situatedlocated, shall be subject to levy on any such judgment obtained against Landlord and Landlord, (c) if such income Net Income is insufficient for the payment of to satisfy 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, and (d) such neglect or failure shall not constitute consent by Landlord for Tenant to perform or observe such terms, covenants or conditions at Landlord's expense. Tenant hereby waives, to the extent waivable permitted under law, any right to satisfy said money judgment against Landlord except from income received by Landlord from the operation Net Income. The term "Landlord" for purposes of the Shopping Center this Article 15 only shall mean any and the U.S. 19all partners, whether general or limited, if any, which comprise Landlord.

DEFAULTS BY LANDLORD. 20.1 21.1 In the event Landlord shall neglect or fail fails to perform or observe any of the covenants, provisions or conditions contained in its obligations under this Lease on its part to be performed or observed within thirty twenty (3020) days after written notice of default or if more than thirty (30) days shall be required because of specifying the nature of the default, if Landlord shall fail to proceed diligently default (or such additional time as is reasonably required to cure such default after written notice thereofdefault), then in that event Landlord shall be liable to Tenant for any and all damages proximately sustained by Tenant as a result of Landlord's breachdefault, 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 by Landlord shall be satisfied only out of Landlord's estate in and to the rentsreal property and improvements constituting the Shopping Center, issuessubject, profits and other income ("income") actually received from however, to the operation prior rights of the Shopping Center and the U.S. 19 Premisesholder of any mortgage or deed of trust or other security interest covering same, and no other real, personal or mixed property of Landlord (the term "Landlord" for purposes of this Article 20 Section only shall mean any and all partners, 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 if whether or not such income property is insufficient 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 said such money judgment against Landlord except from income received by Landlord from the operation of Landlord's estate in the Shopping Center and the U.S. 19as aforesaid.

DEFAULTS BY LANDLORD. 20.1 In the event If Landlord shall neglect or fail to perform or observe any of the terms, covenants, provisions or conditions contained in this Lease on its part to be performed or observed within thirty (30) days after written notice of default or if or, when more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to proceed diligently to cure such default after written notice thereof, then in that event Landlord shall be liable to Tenant for any and all damages sustained by Tenant as a result of Landlord's breach; provided, however, it is expressly understood and agreed that (a) any money judgment resulting from any default or other claim arising under this Lease shall be satisfied only out of the current rents, issues, profits and other income ("income") actually received Landlord receives from the its operation of the Shopping Center and the U.S. 19 PremisesCenter, net of all current operating expenses if any paid by Landlord, and debt service associated with said operation ("Net Income" for purposes of this Article 15 only), (b) no other real, personal or mixed property of Landlord (the term "Landlord" for purposes of this Article 20 only shall mean any and all partners, both general and/or limited, if any, which comprise Landlord), wherever situatedlocated, shall be subject to levy on any such judgment obtained against Landlord Landlord, and (c) if such income Net Income is insufficient for the payment of to satisfy 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, and (d) such neglect or failure shall not constitute consent by Landlord for Tenant to perform or observe such terms, covenants or conditions at Landlord's expense. Tenant hereby waives, to the extent waivable permitted under law, any right to satisfy said money judgment against Landlord except from income received by Landlord from the operation of the Shopping Center and the U.S. 19Net Income.