Common use of Landlord Default Tenants Remedies Clause in Contracts

Landlord Default Tenants Remedies. (a) In the event of any default by Landlord in the observance or performance of any obligation on Landlord's part to be observed or performed under this Lease, Tenant shall give Landlord written notice specifying such default with particularity and Landlord shall thereupon have thirty (30) days in which to cure any such default; provided, however, that if the nature of such default is such that more than thirty (30) days are required for its cure, then Landlord shall not be in default if Landlord commences performance within said thirty (30) day period and thereafter diligently prosecutes the same to completion within ninety (90) days of such notice. If Landlord fails to cure any such default after such notice and cure period, Tenant may, as its sole and exclusive remedy, commence an action against Landlord for specific performance and/or damages. (b) If Landlord shall fail to perform any covenant, term or condition of this Lease required to be performed by Landlord, if any, and if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Premises and out of Rent receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Premises, and neither Landlord nor its members, partners, officers, directors, managers, shareholders and lenders, nor their respective successors and assigns, shall be personally liable for any deficiency.

Landlord Default Tenants Remedies. (a) In the event of any If Landlord fails to cure a default by Landlord in the observance within any applicable cure period (or performance if no cure period is specified, then within 30 days of any obligation on Landlord's part to be observed or performed under this Lease, Tenant shall give Landlord written notice specifying such default with particularity and Landlord shall thereupon have thirty (30) days in which to cure any such from Tenant setting forth the nature of the claimed default; provided, however, that if the nature of the cure of such default is such that will reasonably require more than thirty (30) 30 days are required for its cureto complete and Landlord is proceeding with due diligence to remedy such matter, then such 30 day period will be extended for such additional time as may be necessary for Landlord to complete such cure) (any such failure being a "Landlord Default"), Tenant may remedy such default, whereupon Landlord shall reimburse Tenant for the reasonable third-party costs incurred by Tenant to remedy such default within 30 days after receipt of Tenant's written demand therefor, together with copies of the paid invoices evidencing the costs so incurred. In no event will Tenant have any right to offset any amount owed by Landlord (regardless of whether Landlord is in default hereunder) against Tenant's monetary obligations under this Lease; provided, however, Tenant may recover all actual damages (but not consequential or exemplary damages) reasonably resulting from any Landlord Default. Notwithstanding the foregoing, if a Landlord Default (i) adversely and substantially affects Tenant's rights under this Lease relating to use and/or occupancy of the Premises and as a result of such Landlord Default there is a material interference in the operation of Tenant's business conducted in the Premises, (ii) Landlord intentionally fails to cure such Landlord Default even though Landlord has adequate monetary resources to cure same, and (iii) such Landlord Default cannot be reasonably cured by Tenant in default accordance with this Paragraph within reasonable time and at a reasonable cost, then—subject to the rights of Landlord's Lender under any Subordination, Attornment, and Non-Disturbance Agreement in the form of attached Exhibit "E" or otherwise entered into in connection herewith—Tenant may terminate this Lease if Landlord commences performance within said thirty (30) day period and thereafter diligently prosecutes the same to completion within ninety (90) days of such notice. If Landlord fails to cure any such default Landlord Default within 15 days after such a second written notice and cure period, thereof from Tenant may, as its sole and exclusive remedy, commence an action against Landlord for specific performance and/or damages. (b) If Landlord shall fail to perform any covenant, term or condition of this Lease required to be performed by Landlord, if any, and if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of delivered following the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Premises and out of Rent receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part expiration of Landlord's right, title and interest in the Premises, and neither Landlord nor its members, partners, officers, directors, managers, shareholders and lenders, nor their respective successors and assigns, shall be personally liable original cure period provided for any deficiencyabove.

Landlord Default Tenants Remedies. (a) In the event of any default by Landlord in the observance or performance of any obligation on Landlord's part to be observed or performed under this Lease, Tenant shall give Landlord written notice specifying such default with particularity and Landlord shall thereupon have not be in default hereunder unless Landlord fails to perform the obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days in which after notice by Tenant to cure Landlord, and to the holder of any such defaultfirst mortgage or deed of trust covering the Premises, whose name and address shall have theretofore been furnished to Tenant, specifying the nature of Landlord's failure to perform; provided, however, that if the nature of such default Landlord's obligation is such that more than thirty (30) days are required for its cureperformance, then Landlord shall not be in default if Landlord commences performance within said such thirty (30) day 30)-day period and thereafter diligently prosecutes the same to completion within ninety (90) days of such noticecompletion. If Landlord fails In no event shall Tenant have the right to cure any such default after such notice and cure period, Tenant may, as its sole and exclusive remedy, commence an action against Landlord for specific performance and/or damages. (b) If Landlord shall fail to perform any covenant, term or condition of terminate this Lease required to be performed by Landlord, if any, and if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Premises and out of Rent receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part result of Landlord's right, title and interest in the Premisesdefault, and neither Landlord nor its members, partners, officers, directors, managers, shareholders and lenders, nor their respective successors and assigns, Tenant's remedies shall be personally limited to monetary damages; provided, however, that in no event shall Landlord be liable under any circumstances for any deficiencyconsequential damages incurred by Tenant, including, without limitation, any injury to, or interference with, Tenant's business (including any loss of profits), arising in connection with this Lease. Nothing herein contained shall be interpreted to mean that Tenant is excused from paying Rent due hereunder as a result of any default by Landlord.

Landlord Default Tenants Remedies. (a) In the event of any default by Landlord in the observance or performance of any obligation on Landlord's ’s part to be observed or performed under this Lease, Tenant shall give Landlord written notice specifying such default with particularity and Landlord shall thereupon have with respect to monetary defaults, ten (10) days, and with respect to non-monetary defaults, thirty (30) days days, in which to cure any such default; provided, however, that if the nature of such non-monetary default is such that more than thirty (30) days are required for its cure, then Landlord shall not be in default if Landlord commences performance within said thirty (30) day period and thereafter diligently prosecutes the same to completion within ninety (90) days of such notice. If Landlord fails to cure any such default after such notice and cure period, Tenant may, as its sole and exclusive remedy, either (i) commence an action against Landlord for specific performance, provided that if specific performance and/or damagesis unavailable as a matter of law Tenant may pursue all other remedies at law or equity, or (ii) if such default relates solely to the failure of Landlord to fulfill its obligation to complete the repair and replacement of the Improvements as provided in Article 9 hereof, Tenant may elect to terminate this Lease by giving Landlord written notice of such termination within thirty (30) days after the happening of such failure. (b) If Landlord shall fail to perform any covenant, term or condition of this Lease required to be performed by Landlord, if any, and if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Premises Project and out of Rent receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's ’s right, title and interest in the PremisesProject, and neither Landlord nor its members, partners, officers, directors, managers, shareholders and lenders, nor their respective successors and assigns, shall be personally liable for any deficiency.

Landlord Default Tenants Remedies. (a) In the event If Landlord shall fail to observe or perform any provision of any default by Landlord in the observance or performance of any obligation on Landlord's part this Lease to be observed or performed under this Leaseby Landlord, Tenant shall give Landlord written notice specifying where such default with particularity and Landlord shall thereupon have failure continues for thirty (30) days in which after written notice thereof by Tenant to cure any such default; providedLandlord, same shall constitute a default by Landlord hereunder, provided however, that if the nature of such default is such that more than the same cannot reasonably be cured within such thirty (30) days are required for its cureday period, then Landlord shall not be deemed to be in default if Landlord commences performance shall commence cure within said thirty (30) day such period and thereafter diligently prosecutes prosecute such cure to completion. In all cases, Tenant will deliver a copy of any said notices to any mortgagees or holders of deeds of trust of the same to completion within ninety (90) days Retail Project of such which Tenant has received written notice. If In the event of a default by Landlord fails under this Lease and Landlord's failure to cure any such default after such notice and cure periodwithin the applicable period set forth above, Tenant maymay pursue any and all remedies available to it at law or in equity, as its sole and exclusive remedy, commence an action against Landlord including without limitation suing for specific performance and/or damages. (b) If Landlord shall fail to perform any covenant, term or condition of this Lease required to be performed by Landlord, if anyinjunctive relief; provided, and if as a consequence notwithstanding anything to the contrary set forth in this Lease, in no event shall either party be liable to the other for any special, exemplary, consequential (including lost profits) or punitive damages and in no event shall Tenant have the right to withhold payment of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out any portion of the proceeds of sale received upon execution of such judgment and levied thereon Rent or to offset any amount it is owed from Landlord against the right, title and interest of Landlord in the Premises and out of Tenant's Rent receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Premises, and neither Landlord nor its members, partners, officers, directors, managers, shareholders and lendersobligation, nor their respective successors and assigns, shall be personally liable for any deficiencyTenant have a right to terminate this Lease.

Landlord Default Tenants Remedies. (a) In the event of any default by Landlord in the observance or performance of any obligation on Landlord's part to be observed or performed under this Lease, Tenant shall give Landlord written notice specifying such default with particularity and Landlord shall thereupon have thirty (30) days in which to cure any such default; provided, however, that if the nature of such default is such that more than thirty (30) days are required for its cure, then Landlord shall not be in default if Landlord commences performance within said thirty (30) day period days and thereafter diligently prosecutes the same to completion within but in not event shall such cure period exceed ninety (90) days of such noticein the aggregate. If Landlord fails to cure any such default after such notice and cure period, Tenant may, as its sole and exclusive remedy, commence an action against Landlord for specific performance and/or damagesperformance. (b) If Landlord shall fail to perform any covenant, term or condition of this Lease required to be performed by Landlord, if any, and if as a consequence of such default, Tenant shall recover a money judgment against Landlord, such judgment shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levied thereon against the right, title and interest of Landlord in the Premises and out of Rent receivable by Landlord, or out of the consideration received by Landlord from the sale or other disposition of all or any part of Landlord's right, title and interest in the Premises, and neither Landlord nor its members, partners, officers, directors, managers, shareholders and lenders, nor their respective successors and assigns, shall be personally liable for any deficiency.