Common use of Landlord Default; Tenant Remedies Clause in Contracts

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. Landlord shall not be deemed in default -------------------------------- unless it of this Lease (a “Landlord Default”) if Landlord fails to perform the obligations required any term, covenant or condition of it by Landlord under this Lease and fails to cure such default within a period of thirty (30) days after Landlord’s receipt of written notice from Tenant specifying such default (or if the default specified by Tenant is not capable of cure within such thirty (30)-day period, if Landlord fails, after notice from Tenant, to commence to cure such default and diligently to pursue completion of such cure during and within a reasonable time after such thirty (30)-day period). Upon a Landlord Default, Tenant shall have the right to pursue all remedies available at law or in equity. In addition, if Landlord fails to respond in any way to Tenant’s notice of a Landlord Default within thirty (30) days, and provided the Landlord Default affects the Premises directly, Tenant shall be entitled to send Landlord a second notice of such Landlord Default requesting that Landlord apprise Tenant of the status of Landlord’s actions to cure the Landlord Default, which second notice must include the following language in all caps: “FAILURE TO RESPOND TO THIS NOTICE WITHIN TEN (10) BUSINESS DAYS FROM THE DATE OF THIS NOTICE SHALL ENTITLE TENANT TO EXERCISE ITS SELF-HELP REMEDIES AS SET FORTH IN SECTION 8.06 OF THE LEASE.” If Landlord does not respond to Tenant within the ten (10) business days set forth above, Tenant may commence to cure the Landlord Default and may xxxx Landlord for the Tenant’s reasonable, actual, out-of pocket costs of curing the same, which amount shall be due and payable by Landlord to Tenant 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 following 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 ’s receipt 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’s invoice therefor.

Landlord Default; Tenant Remedies. Landlord shall not be deemed in default -------------------------------- unless it of this Lease (a "Landlord Default") if Landlord fails to perform the obligations required any term, covenant or condition of it by Landlord under this Lease and fails to cure such default within a period of thirty (30) days after Landlord's receipt of written notice from Tenant specifying such default (or if the default specified by Tenant is not capable of cure within such thirty (30)-day period, if Landlord fails, after notice from Tenant, to commence to cure such default and diligently to pursue completion of such cure during and within a reasonable time after such thirty (30)-day period). Upon a Landlord Default, Tenant shall have the right to pursue all remedies available at law or in equity. In addition, if Landlord fails to respond in any way to Tenant's notice of a Landlord Default within thirty (30) days, Tenant shall be entitled to send Landlord a second notice of such Landlord Default requesting that Landlord apprise Tenant of the status of Landlord's actions to cure the Landlord Default, which second notice must include the following language in all caps: "FAILURE TO RESPOND TO THIS NOTICE WITHIN TWENTY (20) BUSINESS DAYS FROM THE DATE OF THIS NOTICE SHALL ENTITLE TENANT TO EXERCISE ITS SELF-HELP REMEDIES AS SET FORTH IN SECTION 8.06 OF THE LEASE." If Landlord does not respond to Tenant within the twenty (20) business days set forth above, Tenant may commence to cure the Landlord Default and may bill Landlord for the Tenant's reasonable, actual, out-of pocket cosxx xf curing the same, which amount shall be due and payable by Landlord to Tenant 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 following 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 receipt 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 Tenantinvoice therefor.

Landlord Default; Tenant Remedies. Except as otherwise provided in this Lease, Landlord shall not be in default -------------------------------- unless it under this Lease if Landlord fails to perform the any of its obligations required hereunder and said failure continues for a period of it by this Lease within thirty (30) days after written notice from Tenant specifying which obligation to Landlord has failed to perform; provided, however, that if the nature of the specified obligation is (unless such that more than failure cannot reasonably be cured within thirty (30) days are reasonably required to complete its cure, then in which case Landlord shall not be in default if it Landlord commences to cure said failure within said the thirty (30) day period and thereafter diligently prosecutes continues to pursue such cure). Tenant shall not have the same right of set off by way of damages, recoupment, or counterclaim for any damages which Tenant may have sustained by reason of Landlord’s failure to completionperform any of the terms, covenants or conditions contained in this Lease on its part to be performed, except and to the extent Tenant has received a judgment against Landlord, it being the intent of the parties that Tenant’s obligation to make Tenant’s Payments be an independent covenant. As For any default which is material and substantially and adversely impacts Tenant, Tenant may terminate this lease provided if Tenant has been notified of any mortgage encumbering the Building, then Tenant shall not have the right to terminate this Lease or to vacate the Premises unless Tenant gives the holder of such mortgage written notice and an additional forty-five (45) days to cure Landlord's maintenance ’s default. Further, it shall be deemed an event of Default and repair obligations hereunderTenant shall be entitled to exercise all rights and remedies available to Tenant at law or in equity if (a) Landlord files a petition in bankruptcy, if insolvency or for reorganization or arrangement is filed by or against Landlord (and Landlord fails to secure a stay or discharge thereof within sixty (60) days thereafter); (b) Landlord is insolvent and unable to pay its debts as they become due and Landlord fails after notice from Tenant claiming such insolvency or inability to provide to Tenant, within sixty (60) days after such notice to provide adequate assurances to Tenant that Landlord has sufficient financial resources to enable Landlord to continue to perform its obligations under this Lease; (c) Landlord makes a general assignment for the benefit of creditors; (d) Landlord takes the benefit of any insolvency action or law; (e) the appointment of a receiver or trustee in bankruptcy for Landlord or its assets if such receivership has not cured been vacated or commenced to cure a maintenance or repair default set forth in said notice aside 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 Tenantdays thereafter.

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 ’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 ’s contractor. Any materials used shall be of equal or better quality than currently exists in the Building and Tenant's ’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. Landlord shall not be deemed in default -------------------------------- unless it of this Lease (a "Landlord Default") if Landlord fails to perform the obligations required any term, covenant or condition of it by Landlord under this Lease and fails to cure such default within a period of thirty (30) days after Landlord's receipt of written notice from Tenant specifying such default (or if the default specified by Tenant is not capable of cure within such thirty (30)-day period, if Landlord fails, after notice from Tenant, to commence to cure such default and diligently to pursue completion of such cure during and within a reasonable time after such thirty (30)-day period). Upon a Landlord Default, Tenant shall have the right to pursue all remedies available at law or in equity. In addition, if Landlord fails to respond in any way to Tenant's notice of a Landlord Default within thirty (30) days, Tenant shall be entitled to send Landlord a second notice of such Landlord Default requesting that Landlord apprise Tenant of the status of Landlord's actions to cure the Landlord Default, which second notice must include the following language in all caps: "FAILURE TO RESPOND TO THIS NOTICE WITHIN TWENTY (20) BUSINESS DAYS FROM THE DATE OF THIS NOTICE SHALL ENTITLE TENANT TO EXERCISE ITS SELF-HELP REMEDIES AS SET FORTH IN SECTION 8.06 OF THE LEASE." If Landlord does not respond to Tenant within the twenty (20) business days set forth above, Tenant may commence to cure the Landlord Default and may bill Landlord for the Tenant's reasonable, actual, out-of pocket coxxx of curing the same, which amount shall be due and payable by Landlord to Tenant 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 following 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 receipt 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 Tenantinvoice therefor.