Defaults by Lessor. The following event, which continues beyond the applicable notice and cure period, will constitute a “Default by Lessor” under this Lease: Lessor breaches or fails to comply with any provision of this Lease applicable to Lessor, and such breach or noncompliance continues for a period of 30 days after notice thereof from Lessee to Lessor; or, if such breach or noncompliance cannot be reasonably cured within such 30-day period and Lessor does not commence to cure such breach or noncompliance within such 30- day period and does not thereafter pursue such cure in good faith to completion.
Defaults by Lessor. Defaults by Lessor are failing to comply with any provision, term, condition or agreement of this Lease within Thirty (30) days after written notice from Lessee. Lessee's sole remedy for Lessor’s default is to terminate this Lease.
Defaults by Lessor. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by Lessor: Failure to perform any of the material obligations required of Lessor to be performed, provided that such failure continues for a period of thirty (30) days after written notice thereof from Lessee to Lessor, which notice shall specify the specific nature of the failure, and further provided, however, that if the nature of Lessor's default is such that more than thirty (30) days is required to cure such default, then Lessor shall not be in default if Lessor commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Defaults by Lessor. The occurrence of any one or more of the following events shall constitute a material default and a breach of this Agreement by Lessor:
(a) Failure to perform any of the material obligations required of Lessor to be performed, provided that such failure continues for a period of thirty (30) days after written notice thereof from Lessee to Lessor, which notice shall specify the specific nature of the failure, provided, however, that if the nature of Lessor's default is such that more than thirty (30) days are reasonably required for its cure, than Lessor shall not be deemed to be in default if Lessor commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or
(b) If bad debt exceeds five (5) percent during any consecutive three (3) month period; normal bad debt being three (3) percent of gross receipts; or
(c) Failure of the Property ownership or management to present either the Telephone System or the Television System in a positive manner to prospective residents or prospective clients; or
(d) Failure to remove or correct any mechanical, electrical or any other type of interference that was caused by any device installed by Lessor during the term of this Agreement that would prevent or hinder Lessee in providing quality telephone and/or television service to the property.
Defaults by Lessor. In the event LESSOR breaches any of the terms or provisions of this Lease and LESSOR has not cured such breach within thirty (30) days after LESSOR'S receipt of written notice thereof, or made arrangements to cure any breach which could not reasonably be cured within said period, LESSEE shall have the right to cure such default on behalf of LESSOR and to recover the reasonable cost thereof from LESSOR or offset such cost against future rents payable hereunder.
Defaults by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance, then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion.
Defaults by Lessor. Either of the following events, which continue beyond the applicable notice and cure period, will constitute a “Default by Lessor” under this Lease: (a) Lessor breaches or fails to comply with any provision of this Lease applicable to Lessor, and such breach or noncompliance continues for a period of thirty (30) days after notice thereof from Lessee to Lessor; or, (b) if such breach or noncompliance cannot be reasonably cured within such 30-day period and Lessor does not commence to cure such breach or noncompliance within such 30-day period and does not thereafter pursue such cure in good faith to completion.
Defaults by Lessor. In the event Lessor 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 Lessor shall fail to proceed diligently to cure such default after notice), then in that event Lessor shall be responsible to Lessee for any and all damages sustained by Lessee as a result of Lessor's breach; further, Lessee shall have the right to cure any such default at Lessor's expense including in such expenditure all costs and attorneys' fees incurred to cure such default or breach of lease. Lessee shall have no right to terminate this lease except as herein otherwise specifically provided.
Defaults by Lessor. Defaults by Lessor are failing, within thirty (30) calendar days after receiving written notice from Lessee, to comply with any term, condition or covenant set forth in this Lease. In the event that Lessor fails to cure its default within the said thirty (30) calendar days, Lessee may, as Lessee's sole remedy, terminate this Lease.
Defaults by Lessor. Lessor shall not be in default under this lease, and Lessee shall not be entitled to exercise any right, remedy or recourse against Lessor or otherwise as a consequence of any alleged default by Lessor under this lease, unless and until Lessor fails to perform any of its obligations hereunder and said failure continues for a period of 90 days after Lessee gives Lessor written notice thereof specifying, with reasonable particularity, the nature of Lessor's failure; provided, however, that if the failure cannot reasonably be cured within the 90 day time period, Lessor shall not be in default hereunder if Lessor commences to cure the failure within the 90 days and thereafter pursues the curing of same diligently to completion. If Lessor in curing its default hereunder is required to advertise for public bids for the work to complete such cure, then Lessor shall be deemed to have commenced such cure upon commencement of preparation of specifications to be used in advertising such public bids. If Lessor defaults under this lease and, as a consequence of the default, Lessee recovers a money judgment against Lessor, the judgment shall be satisfied only out of, and Lessor hereby agrees to look solely to, the interest of Lessor in the leased premises as the same may then be encumbered, and Lessor shall not be liable for any deficiency. In no event shall Lessee have the right to levy execution against any property of Lessor other than its interest in the leased premises. Lessee's remedies for a default by Lessor hereunder shall be limited to claims for damages, specific performance and injunctive relief; and in no event shall Lessee be entitled to rescind or terminate this lease or Lessee's obligations hereunder as a consequence of such default by Lessor. Lessor shall not be obligated to impose taxes or any special assessments to satisfy its obligations hereunder.
