Common use of Events of Landlord Default Clause in Contracts

Events of Landlord Default. An "Event of Landlord Default" shall be deemed to have occurred when: (i) Landlord has failed to perform any of its obligations or has breached any of its duties under this Leasehold Improvements Agreement; (ii) Tenant has given written notice of such failure or breach to Landlord; and, (iii) Landlord has not cured such failure or breach, with respect to any failure to pay or deposit money, within five (5) business days of the receipt by Landlord of such notice from Tenant or, with respect to any failure to perform any obligation or breach of any duty, other than an obligation to pay or deposit money, within thirty (30) days from the receipt by Landlord of such notice from Tenant or, if Landlord has diligently commenced and endeavored to cure such failure or breach but such failure or breach cannot by its nature be cured within such period of thirty (30) days despite the diligent efforts of Landlord, then within such additional period as may reasonably be required for the completion of such cure through the diligent efforts of Landlord; provided, however, that such additional period shall not exceed ninety (90) days beyond such thirty (30) day period. The foregoing notwithstanding, in the event that Tenant is prevented or delayed by operation of law or by injunction from giving to Landlord notice that Landlord has failed to perform any of its obligations or has breached any of its duties, then no such notice shall be required, and an "Event of Landlord Default" shall be deemed to have occurred when the applicable time period referred to in clause (iii) above has elapsed from the first occurrence of such failure of performance or breach of duty (rather than from the receipt by Landlord of a notice from Tenant).

Events of Landlord Default. An "Event of Landlord Default" shall will not be deemed to have occurred when: (i) Landlord has failed to perform any of its obligations or has breached any of its duties be in default under this Leasehold Improvements Agreement; (ii) Tenant has given Lease unless obligations required of Landlord hereunder are not performed by Landlord within 30 days after written notice of such failure or breach thereof by Tenant to Landlord; and, (iii) Landlord has not cured such failure or breach, with respect and to any failure to pay lender or deposit money, within five (5) business days other lien holder with rights in all or any portion of the receipt by Landlord of such Building, whose names and addresses are furnished to Tenant in writing, which notice from Tenant or, with respect to any specifies that there has been a failure to perform any obligation or breach of any duty, other than an obligation to pay or deposit money, within thirty (30) days from the receipt by Landlord of such notice from Tenant or, if Landlord has diligently commenced and endeavored to cure such failure or breach but such failure or breach cannot by its nature be cured within such period of thirty (30) days despite the diligent efforts of Landlord, then within such additional period as may reasonably be required for the completion of such cure through the diligent efforts of Landlordobligations; provided, however, that if the nature of such additional period shall obligations is such that more than 30 days are reasonably required for their cure, Landlord will not exceed ninety (90) days beyond such thirty (30) day period. The foregoing notwithstanding, in the event that Tenant is prevented or delayed by operation of law or by injunction from giving to Landlord notice that Landlord has failed to perform any of its obligations or has breached any of its duties, then no such notice shall be required, and an "Event of Landlord Default" shall be deemed to be in default hereunder if Landlord commences such cure with reasonable promptness within such 30-day period and thereafter diligently prosecutes such cure to completion. However, if Landlord fails to cure such default within the time set forth above, then any lender or other lien holder with rights in all or any portion of the Building will have occurred when an additional 30 days within which to cure such default but not the applicable obligation to do so, or if such default cannot be cured within that time, then such additional time period referred as may be necessary if within such 30 days any such holder has commenced and is diligently pursuing the remedies necessary to cure such default, including, but not limited to, commencement of foreclosure proceedings if necessary to effect such a cure. In no event will Tenant have the right to terminate or rescind this Lease as a result of Landlord's default as to any covenant or agreement contained in clause (iii) above has elapsed from this Lease or as a result of the first occurrence of such failure of performance or breach of duty (rather than from the receipt by Landlord any promise of inducement hereof, whether in this Lease or elsewhere. Tenant hereby waives such remedies of termination and rescission and hereby agrees that Tenant's remedies for default hereunder and for breach of any promise or inducement will be limited to a notice from Tenant)suit for damages or an injunction, or both.

Events of Landlord Default. An "Event of Landlord Default" shall be deemed to have occurred when: (ia) If Tenant asserts that Landlord has failed to perform any of meet its obligations or has breached any of its duties under this Leasehold Improvements Agreement; Lease, Tenant shall give written notice (iiNotice of Default) to Landlord specifying the alleged failure to perform, and Tenant shall send by certified mail, return receipt requested, a copy of such Notice of Default to any mortgage holder, (provided that Tenant has given written notice been previously advised of such failure the address of the mortgage holder by assignment of rents or breach to Landlord; and, otherwise). (iiib) If Landlord has not cured such failure or breach, begun and pursued with respect to reasonable diligence the cure of any failure to pay or deposit money, within five (5) business days of the receipt by Landlord of such notice from Tenant or, with respect to any failure to perform any obligation or breach of any duty, other than an obligation Landlord to pay or deposit money, meet its obligations under this Lease within thirty (30) days from of receipt of the receipt by Notice of Default, then Landlord of such notice from Tenant or, if shall be in default. (c) If Landlord has diligently commenced and endeavored shall have failed to cure such failure or breach but such failure or breach cannot by its nature be cured default within such period of the time set forth above, then the mortgagees shall have an additional thirty (30) days despite the diligent efforts of Landlordwithin which to cure such default, or if such default cannot be cured within that time, then within such additional period time as may reasonably be required for the completion of such cure through the diligent efforts of Landlord; provided, however, that such additional period shall not exceed ninety (90) days beyond necessary if within such thirty (30) day period. The foregoing notwithstandingdays any mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default, including, but not limited to, commencement of foreclosure proceedings if necessary to effect such a cure, in which event this Lease shall not be terminated while such remedies are being so diligently pursued. (d) In no event shall Tenant have the event right to terminate or rescind this Lease as a result of Landlord’s default as to any covenant or agreement contained in this Lease or as a result of the breach of any promise or inducement hereof, whether in this Lease or elsewhere. Tenant hereby waives such remedies of termination and rescission and hereby agrees that Tenant is prevented Tenant’s remedies for default hereunder and for breach of any promise or delayed by operation of law or by injunction from giving to Landlord notice that Landlord has failed to perform any of its obligations or has breached any of its duties, then no such notice inducement shall be requiredlimited to a suit for damages or an injunction, and an "Event of Landlord Default" shall be deemed to have occurred when the applicable time period referred to in clause (iii) above has elapsed from the first occurrence of such failure of performance or breach of duty (rather than from the receipt by Landlord of a notice from Tenant)both.

Events of Landlord Default. An "Event of Landlord Default" shall be deemed to have occurred when: (ia) If Tenant asserts that Landlord has failed to perform any of meet its obligations or has breached any of its duties under this Leasehold Improvements Agreement; (ii) Lease, Tenant has given shall give written notice (Notice of Default) to Landlord specifying the alleged failure to perform, and Tenant shall send by certified mail, return receipt requested, a copy of such failure or breach Notice of Default to Landlord; and, any mortgage holder, (iiib) If Landlord has not cured such failure or breach, begun and pursued with respect to reasonable diligence the cure of any failure to pay or deposit money, within five (5) business days of the receipt by Landlord of such notice from Tenant or, with respect to any failure to perform any obligation or breach of any duty, other than an obligation Landlord to pay or deposit money, meet its obligations under this Lease within thirty (30) days from of receipt of the receipt by Notice of Default, then Landlord of such notice from Tenant or, if shall be in default. (c) If Landlord has diligently commenced and endeavored shall have failed to cure such failure or breach but such failure or breach cannot by its nature be cured default within such period of the time set forth above, then the mortgagees shall have an additional thirty (30) days despite the diligent efforts of Landlordwithin which to cure such default, or if such default cannot be cured within that time, then within such additional period time as may reasonably be required for the completion of such cure through the diligent efforts of Landlord; provided, however, that such additional period shall not exceed ninety (90) days beyond necessary if within such thirty (30) day period. The foregoing notwithstandingdays any mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default, including, but not limited to, commencement of foreclosure proceedings if necessary to effect such a cure, in which event this Lease shall not be terminated while such remedies are being so diligently pursued. (d) In no event shall Tenant have the event right to terminate or rescind this Lease as a result of Landlord's default as to any covenant or agreement contained in this Lease or as a result of the breach of any promise or inducement hereof, whether in this Lease or elsewhere. Tenant hereby waives such remedies of termination and rescission and hereby agrees that Tenant is prevented Tenant's remedies for default hereunder and for breach of any promise or delayed by operation of law or by injunction from giving to Landlord notice that Landlord has failed to perform any of its obligations or has breached any of its duties, then no such notice inducement shall be requiredlimited to a suit for damages or an injunction, and an "Event of Landlord Default" shall be deemed to have occurred when the applicable time period referred to in clause (iii) above has elapsed from the first occurrence of such failure of performance or breach of duty (rather than from the receipt by Landlord of a notice from Tenant)both.

Events of Landlord Default. An "Event of Landlord Default" shall be deemed to have occurred when: (ia) If Tenant asserts that Landlord has failed to perform any of meet its obligations or has breached any of its duties under this Leasehold Improvements Agreement; Lease, Tenant shall give written notice (ii) “Notice of Default”), to Landlord specifying the alleged failure to perform, and Tenant shall send by certified mail, return receipt requested, a copy of such Notice of Default to any mortgage holder, (provided that Tenant has given written notice been previously advised of such failure the address of the mortgage holder by assignment of rents or breach to Landlord; and, otherwise). (iiib) If Landlord has not cured such failure or breach, begun and pursued with respect to reasonable diligence the cure of any failure of Landlord to pay or deposit money, within five (5) business days of the receipt by Landlord of such notice from Tenant or, with respect to any failure to perform any obligation or breach of any duty, other than an obligation to pay or deposit money, meet its obligations under this Lease within thirty (30) days from of receipt of the receipt by Notice of Default, or such shorter period of time as is reasonably required in the case of an emergency materially affecting Tenant, then Landlord of such notice from Tenant or, if shall be in default. (c) If Landlord has diligently commenced and endeavored shall have failed to pursue with reasonable diligence to cure such failure or breach but such failure or breach cannot by its nature be cured default within such period of the time set forth above, then the mortgagees shall have an additional thirty (30) days despite the diligent efforts of Landlordwithin which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within such additional period as may reasonably be required for the completion of such cure through the diligent efforts of Landlord; provided, however, that such additional period shall not exceed ninety (90) days beyond such thirty (30) day period. The foregoing notwithstandingdays any mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default, including, but not limited to, commencement of foreclosure proceedings if necessary to effect such a cure, in which event this Lease shall not be terminated while such remedies are being so diligently pursued, (d) In no event shall Tenant have the event right to terminate or rescind this Lease as a result of Landlord’s default as to any covenant or agreement contained in this Lease or as a result of the breach of any promise or inducement hereof, whether in this Lease or elsewhere. Tenant hereby waives such remedies of termination and recession and hereby agrees that Tenant is prevented Tenant’s remedies for default hereunder and for breach of any promise or delayed by operation of law or by injunction from giving to Landlord notice that Landlord has failed to perform any of its obligations or has breached any of its duties, then no such notice inducement shall be requiredlimited to a suit for damages or an injunction, and an "Event of Landlord Default" shall be deemed to have occurred when the applicable time period referred to in clause (iii) above has elapsed from the first occurrence of such failure of performance or breach of duty (rather than from the receipt by Landlord of a notice from Tenant)both.

Events of Landlord Default. An "Event of Landlord Default" shall be deemed to have occurred when: (ia) If Tenant asserts that Landlord has failed to perform any of meet its obligations or has breached any of its duties under this Leasehold Improvements Agreement; Lease, Tenant shall give written notice (ii) Notice of Default), to Landlord specifying the alleged failure to perform, and Tenant shall send by certified mail, return receipt requested, a copy of such Notice to Default to any mortgage holder, (provided that Tenant has given written notice been previously advised of such failure the identity and address of the mortgage holder by Assignment of Rents or breach to Landlord; and, otherwise). (iiib) If Landlord has not cured such failure or breach, begun and pursued with respect to reasonable diligence the cure of any failure to pay or deposit money, within five (5) business days of the receipt by Landlord of such notice from Tenant or, with respect to any failure to perform any meet its obligation or breach of any duty, other than an obligation to pay or deposit money, under this Lease within thirty (30) days from of receipt of the receipt by Notice of Default, then Landlord of such notice from Tenant or, if shall be in default. (c) If Landlord has diligently commenced and endeavored shall have failed to cure such failure or breach but such failure or breach cannot by its nature be cured default within such period of the time set forth above, then the mortgagees shall have an additional thirty (30) days despite the diligent efforts of Landlordwithin which to cure such default or if such default cannot be cured with that time, then within such additional period time as may reasonably be required for the completion of such cure through the diligent efforts of Landlord; provided, however, that such additional period shall not exceed ninety (90) days beyond necessary if within such thirty (30) day period. The foregoing notwithstandingdays any mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default, including, but not limited to, commencement of foreclosure proceedings if necessary to effect such a cure, in which event this Lease shall not be terminated while such remedies are being so diligently pursued. (d) Except as provided in Section 8.3 of this Lease, Tenant shall not have the event that right to terminate or rescind this Lease as a result of Landlord’s default as to any covenant or agreement contained in this Lease so long as Tenant is prevented able to conduct its normal business operation, or delayed by operation as a result of law the breach of any promise or by injunction from giving to Landlord notice inducement hereof, whether in this Lease or elsewhere. Tenant hereby waives such remedies of termination and rescission and hereby agrees that Landlord has failed to perform Tenant’s remedies for default hereunder and for breach of any of its obligations promise or has breached any of its duties, then no such notice inducement shall be required, and limited to a suit for damages or an "Event of Landlord Default" shall be deemed to have occurred when the applicable time period referred to in clause (iii) above has elapsed from the first occurrence of such failure of performance injunction or breach of duty (rather than from the receipt by Landlord of a notice from Tenant)both.