Landlord Default; Tenant Remedies. Landlord shall not be in default -------------------------------- unless it fails to perform the obligations required of it by this Lease within thirty (30) days after written notice from Tenant specifying which obligation Landlord has failed to perform; provided, however, that if the nature of the specified obligation is such that more than thirty (30) days are reasonably required to complete its cure, then Landlord shall not be in default if it commences to cure within said thirty (30) day period and thereafter diligently prosecutes the same to completion. As to Landlord's maintenance and repair obligations hereunder, if Landlord has not cured or commenced to cure a maintenance or repair default set forth in said notice within said thirty (30) day period, Tenant, may, at its option, cure such default. If Tenant elects to cure said default, Tenant shall, prior to commencement of said work, provide to Landlord a specific description of the work to be performed by Tenant and the name of Tenant's contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant's contractor shall be adequately insured and of good reputation. Landlord shall reimburse Tenant for the reasonable, actual cost of said cure upon receipt of adequate bills or other supporting evidence substantiating said cost, less any amounts otherwise reimbursable to Tenant under any insurance policies carried by Tenant.
Landlord Default; Tenant Remedies. If Landlord fails to pay any amount due under the Lease, or shall breach or fail to perform any other agreement, term, covenant or condition of the Lease, and such failure shall continue for a period of thirty (30) days after Landlord’s receipt of written notice from Tenant of such failure, Landlord shall be in default and in breach of this Lease. In the event of a Landlord default, Tenant shall have the right, but not the obligation, to cancel and terminate this Lease immediately by providing Landlord with written notice of such termination, and upon such Expiration Date, the Lease shall be deemed null, void and of no force and effect, and that both parties shall be relieved of performing any further obligation under the terms of the Lease, but shall not be relieved of liability for any additional remedy available to Tenant. In the event of a Landlord default, Tenant shall also have the right, but not the obligation, to pursue any other remedy available to Tenant at law or in equity, including but not limited to specific performance, offset, deduction and abatement. Tenant’s remedies under this Section 15.03 shall be cumulative and not mutually exclusive.
Landlord Default; Tenant Remedies. In the event Landlord shall fail to keep, observe or perform any of its covenants or agreements contained in this Lease, and such failure shall continue for thirty (30) days (if such failure is a monetary duty or obligation) or forty-five (45) days (if such failure is a non-monetary duty or obligation) after written notice from Tenant to Landlord, then Tenant shall have the right to exercise all remedies available to Tenant at law and in equity (excluding the termination of the Lease); provided, however, that Tenant may, at its election by written notice to Landlord, terminate this Lease if and only if the ESA and/or Development Agreement has been terminated or otherwise expires in accordance with its terms. The effective date of such termination shall be the later of the effective termination date of the ESA or Development Agreement. Subject to the foregoing, Tenant shall have such rights and remedies for a breach by Landlord of its obligations under this Lease as are set forth herein, and all remedies shall be cumulative such that Tenant's exercise or failure to exercise of any remedy shall not limit or prevent Tenant from exercising any other remedy available to Tenant.
Landlord Default; Tenant Remedies. (i) It shall be a default by Landlord if Landlord shall fail to fulfill any covenant or provision of this Lease on its part to be performed that will materially and adversely affect the ability of Tenant to conduct its normal, daily business on the Premises for the Permitted Use and fail to remedy such failure within thirty (30) days after Tenant shall have given Landlord written notice of such failure, provided that Tenant shall not exercise any of the rights or remedies contained in this Article 30 (c) (ii) or (iii) if Landlord begins to cure the default within ten (10) business days and continues actively and diligently and in good faith to completely cure the default;
Landlord Default; Tenant Remedies. In the event Landlord fails to provide services or repairs required in this Lease, Tenant will have the right to exercise the remedies described in Section 10.04 within the time frames set forth therein. In the event Landlord fails to comply with any other term of this Lease to be observed by the Landlord, within thirty (30) days after Tenant has notified Landlord in writing of such failure (unless such failure cannot be reasonably accomplished within such thirty (30) day period, in which case such period shall be extended so long as Landlord has commenced such cure during such thirty (30) day period and is diligently pursuing such cure after such commencement), Tenant will have the option to do any one or more of the following:
Landlord Default; Tenant Remedies. It shall be a default under and breach of this Lease by Landlord (“Landlord Event of Default”) if Landlord shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by Landlord under this Lease for a period of ten (10) days after written notice thereof from Tenant; provided, however, that if the term, condition, covenant or obligation to be performed by Landlord is of such nature that the same cannot reasonably be performed within such ten-day period, such default by Landlord shall not be deemed a Landlord Event of Default if Landlord commences action reasonably designed to eliminate such failure of performance within such ten-day period and thereafter diligently, expeditiously, and continuously pursues such action to a successful conclusion; provided, that in all events such curative action is successfully concluded within sixty (60) days after the initial notice or demand from Tenant. Upon the occurrence of any Landlord Event of Default, Tenant may, in addition to any other remedies available at law or equity, cure such breach for Landlord’s account and at Landlord’s expense. Any money spent, or costs or expenses incurred, by Tenant in curing a Landlord Event of Default together with twelve percent (12%) additional overhead charge, shall be reimbursed to Tenant within ten (10) days after rendition of a xxxx or statement to Landlord for such costs, but Tenant shall not be entitled to terminate this Lease as provided by law or otherwise or withhold or setoff any Rent due hereunder. In no event will Tenant be entitled to consequential, punitive or special damages in connection with a Landlord Event of Default.
Landlord Default; Tenant Remedies. Should Landlord default in the performance of any of the covenants on the part of Landlord to be kept or performed and such default shall continue for thirty (30) days after receipt of written notice from Tenant stating the nature and NeuroBo Pharmaceuticals, Inc. - Lease Page 14 of 27 LL Initials: T Initials: extent of the default (in the event that the nature of such default would require more than 30 days to cure, provided Landlord is using commercially reasonable efforts to cure, Landlord shall have up to 45 days to complete such cure), or should any warranty or representation made by Landlord be untrue and remain untrue thirty (30) days after receipt of written notice from Tenant specifying such untruth, Tenant shall, at its option, have the rights and remedies hereinafter set forth, which shall be distinct, separate and cumulative:
Landlord Default; Tenant Remedies. If Landlord fails to perform any of its obligations under this Lease or the Bridgepoint Lease within thirty (30) days after receipt of written notice from Tenant specifying Landlord’s deficiency, Landlord shall be in default under this Lease; provided, however, that if the nature of Landlord’s obligation is such that in excess of thirty (30) days are reasonably required for its performance, then Landlord shall not be in default if Landlord commences such performance within thirty (30) days and thereafter diligently pursues the same to completion. Upon any such uncured default by Landlord, Tenant may exercise any of its rights provided in law or at equity subject to the terms hereof, provided, however, Tenant shall not offset against its rent obligations under this Lease unless Tenant receives a final judgment as a matter of law against Landlord, and such judgment remains unsatisfied.
Landlord Default; Tenant Remedies. If (x) Landlord fails to perform or observe any of its obligations or covenants under this Lease, and (y) such failure shall continue for a period of thirty (30) days after receipt of written notice thereof from Tenant to Landlord (provided, however that if the nature of Landlord’s non-performance is such that more than thirty (30) days are reasonably required for such cure, then if Landlord fails to commence such cure within such thirty (30) day period or thereafter fails to diligently pursue such cure to completion), Tenant may, at any time thereafter during the continuance of such failure, with or without notice or demand, and without limiting Tenant in the exercise of any right or remedy which Tenant may have by reason of such failure:
Landlord Default; Tenant Remedies. In the event Landlord shall fail to keep, observe or perform any of its covenants or agreements contained in this Lease and such failure shall continue for thirty (30) days after written notice from Tenant to Landlord, then Tenant shall have the right to exercise all remedies available to Tenant at law and in equity; provided, however, in the event that such failure cannot reasonably be cured within the aforesaid thirty (30) day period (or shorter period, if applicable), and Landlord shall within said period commence to cure said default and diligently thereafter prosecutes to correction said failure, the period for completion shall be extended for so long as is reasonably required to cure said default. Tenant shall
