Events of Default by Landlord. A. The following shall be deemed Events of Default by Landlord under the terms of this Lease:
1. Failure to comply with any material term, provision, or covenant of this Lease obligating Landlord, including without limitation Landlord's obligations under Sections 6 and 9, within any applicable cure periods; and
2. Failure of Landlord to comply with applicable laws, ordinances, or similar governmental regulations applicable to the Building whereby such failure adversely affects Tenant and/or Tenant's business operations at the Premises.
B. Upon an Event of Default by Landlord, Tenant's exclusive remedy shall be an action for damages (Tenant hereby waiving the benefit of any laws granting it a lien upon the property of Landlord and/or upon rent due Landlord). Prior to any such action, Tenant shall give Landlord written notice specifying such default with particularity, and Landlord shall, upon receipt of said notice, have thirty (30) days in which to cure any such default. Unless and until Landlord fails to so cure any default after such notice, Tenant shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, not conditions; and all such obligations will be binding upon Landlord only during the period of Tenant's possession of the Premises and not thereafter. Tenant acknowledges and agrees that all liability of Landlord under this Lease or arising out of the relationship of the parties created thereby shall be limited to the insurance coverage described in this paragraph and Landlord's interest in the Building and Property and any judgments rendered against Landlord shall be satisfied solely out of the insurance proceeds and the proceeds of sale of its interest in the Building and Property as received by Landlord. No personal judgment shall lie against Landlord upon extinguishment of its rights in the Building and Property, and any judgment so rendered shall not give rise to any right of execution or levy against Landlord's assets. The provisions hereof shall inure to Landlord's successors and assigns.
C. Notwithstanding the foregoing, Landlord shall maintain at least $2,000,000.00 in general liability insurance coverage to compensate Tenant, and any subtenant, concessionaire, or licensee of Tenant, or their respective employees, agents, contractors, or invitees, for damages for which Landlord is liable. The general liability insurance required to be maintained by Landlord shall be w...
Events of Default by Landlord. The failure by Landlord to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Landlord, where such failure shall continue for a period of thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed to be a default by Landlord under this Lease, provided, however, that if the nature of Landlord's default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within one hundred twenty (120) days after notice. Notwithstanding the foregoing, Tenant shall give written notice of any default by Landlord to all mortgagees under mortgages encumbering all or any portion of the Building Real Property or any interest therein of which Tenant has received written notice, and Landlord shall not be deemed to be in default unless no mortgagee has commenced to cure such default or commenced foreclosure proceedings within thirty (30) days (or such longer period as is reasonably required, but not to exceed one hundred eighty (180) days) after such mortgagee has received such notice.
Events of Default by Landlord. Any of the following shall be deemed a LANDLORD Event of Default:
(a) LANDLORD’s failure to perform or preserve any covenant, term or condition of this Lease to be performed or observed by the TENANT, where such failure continues forth fifteen (15) days after written notice thereof is give to the LANDLORD.
(b) Any petition that is filed by or against LANDLORD in bankruptcy and is not dismissed within thirty (30) days after said filing thereof, or LANDLORD takes advantage of any relief after the filing thereof under any present or future law, whereby the lease obligations, covenants, terms or condition imposed thereunder are reduced or deferred, or LANDLORD becomes insolvent or a receiver is appointed for a substantial part of LANDLORD’s assets.
Events of Default by Landlord. It shall constitute an "Event of Default" by Landlord if (a) Landlord fails to perform or comply with the provisions of Section 7.2 of this Lease, (b) such failure materially and adversely affects Tenant's use and occupancy of the Premises, and (c) Landlord does not fully cure such failure within thirty (30) days after written notice ("Notice of Self-Help") thereof from Tenant to Landlord (with a copy of the Notice of Self-Help being simultaneously given by Tenant to any Mortgagee whose address has been provided to Tenant), or, if such failure cannot be cured within such thirty (30) day period, Landlord fails within such thirty (30) day period to commence, and thereafter diligently proceed with, all actions reasonably necessary to cure such failure as soon as reasonably possible; it being understood that if Landlord has a valid warranty claim against the contractor who originally constructed the part of the Building which is the cause of Landlord's failure to perform or comply with the provisions of Section 7.2 of this Lease, then Landlord shall have such time as is reasonably necessary to enforce such warranty claim. Tenant's Notice of Self-Help must specifically and comprehensively identify that which Tenant claims Landlord is failing to perform or to comply with under Section 7.2 of this Lease, and must state that Tenant intends to take such self-help action pursuant to Section 15.4 of the Lease if Landlord fails to take action within the time contained in Section 15.3
Events of Default by Landlord. Except as otherwise provided in this Lease, Landlord shall be in default hereunder if there is an act or omission by Landlord which would give Tenant the right to damages from Landlord or the right to terminate this Lease and, upon written notice of such act or omission to Landlord by Tenant, Landlord fails to correct the breach or default within thirty (30) days after the notice, or such longer period of time as may be reasonably necessary provided Landlord has commenced to correct the breach or default within such thirty (30) day period and diligently pursues such to completion.
Events of Default by Landlord. The occurrence of any of the following shall constitute a material default and breach of this Lease by Landlord:
(A) The failure by Landlord to furnish Tenant any subordination, non-disturbance and attornment agreement or estoppel certificate requested by Tenant within the time period prescribed herein.
(B) Landlord's failure to diligently pursue subdivision of the Premises pursuant to Section 9.04 hereof or to perform Landlord's obligations under Section 9.06 hereof, where such failure continues for ten (10) days following written notice from Tenant to Landlord.
(C) Any other breach of any obligation of Landlord (i) hereunder which is not cured within thirty (30) days after written notice by Tenant to Landlord and to Mortgagee whose name and address shall have been furnished to Tenant in writing and specifying how Landlord has failed to perform such obligations and the act required to cure the same; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, Landlord shall not be in default if Landlord commences perfounance within such thirty (30) day period and thereafter diligently prosecutes the same to completion within ninety (90) days, or (ii) beyond applicable notice and cure periods under the Power Purchase Agreement or any other agreement with Tenant.
Events of Default by Landlord. The failure by Landlord to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Landlord, where such failure shall continue for a period of thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed to be a default by Landlord under this Lease; provided, however, that if the nature of Landlord’s default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days after notice.
Events of Default by Landlord. Events of Default by Landlord" under this Lease shall be deemed to be the situations where Landlord shall fail to comply with any term, provision or covenant of this Lease and shall not commence to cure such failure within thirty (30) days after written notice thereof and diligently and in good faith continue to cure the default until completion. If the default cannot reasonably be cured within such thirty (30) day period, Landlord shall not be in default if Landlord commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default until completion. In no event shall Landlord's right to cure extend beyond ninety (90) days following written notice from Tenant, unless such period is extended by Tenant Delays or Excusable Delays.
Events of Default by Landlord. Each of the following shall constitute an Event of Default By Landlord: (i) Landlord fails to observe or perform any other term, condition or covenant herein binding upon or obligating Landlord within 20 days after written notice from Tenant; provided, however, that if Tenant reasonably determines that such failure cannot be cured within said 20-day period, then Tenant may in its reasonable discretion extend the period to cure the default for up to an additional 20 days provided Landlord has commenced to cure the default within the 20-day period and diligently pursues such cure to completion (notwithstanding the foregoing, if Tenant provides Landlord with notice of Landlord’s failure to observe or perform any term, condition or covenant under this Subsection (i) on 2 or more occasions during any 12 month period, then Landlord’s subsequent violation shall, at Tenant’s option, be deemed an Event of Default By Landlord immediately upon the occurrence of such failure, regardless of whether Tenant provides Landlord notice, or Landlord has commenced the cure of the same);
Events of Default by Landlord. The following shall each constitute an Event of Default by Landlord under this Lease:
(a) Failure of Landlord to perform any of its material obligations under this Lease and such failure is not cured within forty-five (45) days after receipt of notice from Tenant, or, if it is not feasible to perform such obligation fully within said period, if Landlord shall not have promptly commenced to cure said failure within said period, and thereafter diligently prosecute the curing of such failure to conclusion; or
(b) The occurrence of any of the following:
(i) Landlord's bankruptcy or insolvency or the initiation of any proceeding, voluntary or involuntary, against Landlord under the bankruptcy or insolvency laws, or Landlord's failure to meet its debts in the ordinary course of business;
(ii) Landlord makes an assignment of all or a substantial part of Landlord's Plant for the benefit of creditors.
