Common use of Landlord Default; Tenant Remedies Clause in Contracts

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. In If Landlord fails to pay any amount due under the event Landlord Lease, or shall breach or fail to keep, observe or perform any other agreement, term, covenant or condition of its covenants or agreements contained in this the Lease, and such failure shall continue for a period of 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 Landlord’s receipt of written notice from Tenant to Landlordof such failure, then Landlord shall be in default and in breach of this Lease. In the event of a Landlord default, Tenant shall have the right right, but not the obligation, to exercise all remedies 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 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 termsabatement. 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 Tenant’s remedies for a breach by Landlord of its obligations under this Lease as are set forth herein, and all remedies Section 15.03 shall be cumulative such that Tenant's exercise or failure to exercise of any remedy shall and not limit or prevent Tenant from exercising any other remedy available to Tenantmutually exclusive.

Landlord Default; Tenant Remedies. In If Landlord fails to pay any amount due under the event Landlord Lease, or shall breach or fail to keep, observe or perform any other agreement, term, covenant or condition of its covenants or agreements contained in this the Lease, and such failure shall continue for a period of 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 Xxxxxxxx’s receipt of written notice from Tenant to Landlordof such failure, then Landlord shall be in default and in breach of this Lease. In the event of a Landlord default, Tenant shall have the right right, but not the obligation, to exercise all remedies 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 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 termsabatement. 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 Tenant’s remedies for a breach by Landlord of its obligations under this Lease as are set forth herein, and all remedies Section 15.03 shall be cumulative such that Tenant's exercise or failure to exercise of any remedy shall and not limit or prevent Tenant from exercising any other remedy available to Tenantmutually exclusive.