Common use of Landlord Default Clause in Contracts

Landlord Default. In the event of any default by Landlord under this Lease ("Landlord Default"), Tenant may give Landlord written notice specifying such Landlord Default and, if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Default; provided, however, that if the nature of the Landlord Default is such that more than 30 days are required for its cure, then Landlord shall not be in default if Landlord commences to cure within said 30 days and thereafter diligently prosecutes the same to completion within a reasonable time thereafter. In the event that Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period, Tenant may deduct the entire cost from any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the Term.

Landlord Default. In the event (i) It shall be a default and a breach of any default this Lease by Landlord (a “Landlord Default”) if any covenant or obligation required to be performed or observed by it under this Lease is not so performed or observed for a period of thirty ("Landlord Default"), Tenant may give Landlord 30) days after written notice specifying such Landlord Default and, if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Defaultthereof 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 said thirty (30) day period, such default shall be deemed to have been cured if Landlord commences such performance within said thirty (30) day period and thereafter diligently undertakes to complete the same and does so complete the same within a reasonable period following receipt of Tenant’s notice. (ii) Upon the occurrence of any Landlord Default is such that more than 30 days are required Default, Tenant may sue for its cureinjunctive relief or to recover damages for any loss resulting from the breach, then Landlord but Tenant shall not be entitled to terminate this Lease or withhold or xxxxx any rent due hereunder except as specifically provided in default if Landlord commences to cure within said 30 days and thereafter diligently prosecutes the same to completion within a reasonable time thereafterthis Lease. In addition, Xxxxxx shall have the event that Landlord shall remain in default following its said right to cure, thenright, in addition to all Xxxxxx’s other rights and remedies available to Tenant hereunder, at law and in equity, to cure or attempt to cure a Landlord Default. If Tenant may elects to cure such Landlord Default on behalf of Landlord noncompliance by doing the necessary work and/or making the necessary paymentsLandlord, and billing Landlord for the all reasonable costs thereofactually incurred by Tenant in curing such noncompliance, which plus interest at the Interest Rate, shall be paid by Landlord agrees to pay to Tenant within 30 thirty (30) days of receipt of Tenant's after written demand therefor and with reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period, Tenant may deduct the entire cost from any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the Termsuch costs.

Landlord Default. In the event of any default by Landlord under this Lease ("“Landlord Default"”), Tenant may give Landlord written notice specifying such Landlord Default and, if Tenant shall do so, then Landlord shall have 30 thirty (30) days in which to cure any such Landlord Default; provided, however, that if the nature of the Landlord Default is such that more than 30 thirty (30) days are required for its cure, then Landlord shall not be in default if Landlord commences to cure within said 30 thirty (30) days and thereafter diligently prosecutes the same to completion within a reasonable time thereaftercompletion. In the event that Landlord shall remain in default following its said right to cure, then, in addition to all any other rights and remedies to damages or specific performance available to Tenant at law and in equityTenant, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 thirty (30) days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period; provided, however, Tenant may shall have no right to terminate this Lease as a result of a Landlord Default, or deduct any of the entire cost from any Fixed Rent, Additional Rent and Rent, or other charges due hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the Term.

Landlord Default. In the event of an alleged default on the part of Landlord ---------------- under this Lease, Tenant shall give notice to Landlord and shall afford Landlord a reasonable opportunity to cure the default. Notice to Landlord of any such alleged default shall be ineffective unless notice is simultaneously delivered to any Mortgagee as hereafter provided. Tenant agrees to give all Mortgagees, by certified mail, return receipt requested, a copy of any notice of default served upon Landlord, provided that prior to such notice Tenant has been notified, in writing (by way of notice of Assignment of Rents and Leases, or otherwise), of the address of such Mortgagee. Tenant further agrees that if Landlord shall have failed to cure the default within the time provided, then the Mortgagee shall have an additional 30 days following a second notice from Tenant within which to cure the default. If the default cannot be cured within that time, Mortgagee shall have such additional time as may be necessary provided that within the 30 days, 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 its cure). Tenant may be entitled to equitable relief and actual damages, but not consequential or punitive damages, incurred by Tenant as a result of any default by Landlord under this Lease ("Landlord Default")Landlord, Tenant may give Landlord written notice specifying such Landlord Default and, if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Default; provided, however, that if the nature of the Landlord Default is such that more than 30 days are required for its cure, then Landlord but shall not be in default if Landlord commences entitled to cure within said 30 days and thereafter diligently prosecutes the same any abatement of or offset against Rent until it receives a final judgment authorizing it to completion within a reasonable time thereafter. In the event that Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period, Tenant may deduct the entire cost from any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the Termdo so.

Landlord Default. In the event of an alleged default on the part of Landlord under this Lease, Tenant shall give notice to Landlord and shall afford Landlord a reasonable opportunity to cure the default. Notice to Landlord of any such alleged default shall be ineffective unless notice is simultaneously delivered to any Mortgagee as hereafter provided. Tenant agrees to give all Mortgagees, by certified mail, return receipt requested, a copy of any notice of default served upon Landlord, provided that prior to such notice Tenant has been notified, in writing (by way of notice of Assignment of Rents and Leases, or otherwise), of the address of such Mortgagee. Tenant further agrees that if Landlord shall have failed to cure the default within the time provided, then the Mortgagee shall have an additional 30 days following a second notice from Tenant within which to cure the default. If the default cannot be cured within that time, Mortgagee shall have such additional time as may be necessary provided that within the 30 days, 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 its cure). Tenant may be entitled to equitable relief and actual damages, but not consequential or punitive damages, incurred by Tenant as a result of any default by Landlord under this Lease ("Landlord Default")Landlord, Tenant may give Landlord written notice specifying such Landlord Default and, if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Default; provided, however, that if the nature of the Landlord Default is such that more than 30 days are required for its cure, then Landlord but shall not be in default if Landlord commences entitled to cure within said 30 days and thereafter diligently prosecutes the same any abatement of or offset against Rent until it receives a final judgment authorizing it to completion within a reasonable time thereafter. In the event that Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period, Tenant may deduct the entire cost from any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the Termdo so.

Landlord Default. In Landlord shall not be in default unless it fails to perform the event obligations required of any default it by Landlord under this Lease within thirty ("Landlord Default"), Tenant may give Landlord 30) days after written notice from Tenant specifying such which obligation Landlord Default and, if Tenant shall do so, then Landlord shall have 30 days in which has failed to cure any such Landlord Default; providedperform. Provided, however, that if the nature of the Landlord Default specified obligation is such that more than 30 thirty (30) days are reasonably required for to complete its cure, then Landlord shall not be in default if Landlord it commences to cure within said 30 days thirty (30) day period and thereafter diligently prosecutes the same to completion within completion. As to Landlord’s maintenance and repair obligations hereunder, if Landlord has not cured or commenced to cure a reasonable time thereafter. In the event that Landlord shall remain maintenance or repair default set forth in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay notice within said 30 thirty (30) day period, Tenant, may, at its option, cure such default. If Tenant may deduct the entire cost from any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Landlord Defaultelects 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 mitigate damages and/or lossbe of equal or better quality than currently exists in the Building and Tenant’s contractor shall be adequately insured and of good reputation. Such obligation Landlord shall survive reimburse Tenant for the Termreasonable, 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. In Landlord shall not be in default unless it fails to perform the event obligations required of any default it by Landlord under this Lease within thirty ("Landlord Default"), Tenant may give Landlord 30) days after written notice from Tenant specifying such which obligation Landlord Default and, if Tenant shall do so, then Landlord shall have 30 days in which has failed to cure any such Landlord Default; providedperform. Provided, however, that if the nature of the Landlord Default specified obligation is such that more than 30 thirty (30) days are reasonably required for to complete its cure, then Landlord shall not be in default if Landlord it commences to cure within said 30 days thirty (30) day period and thereafter diligently prosecutes the same to completion 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 a reasonable time thereafter. In the event that Landlord shall remain in default following said thirty (30) day period, Tenant, may, at its said right to cureoption, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such default. If Tenant elects to cure said default Tenant shall, prior to commencement of said work, provide to Landlord Default on behalf a specific description of Landlord the work to be performed by doing Tenant and the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt name of Tenant's demand therefor contractor. Any materials used shall be of equal or better quality than currently exists in the Building and reasonable evidence Tenant's contractor shall be adequately insured and of good reputation. Landlord shall reimburse Tenant for the reasonable, actual cost of the same. If Landlord shall fail said cure upon receipt of adequate bills or other supporting evidence substantiating said cost less any amounts otherwise reimbursable to pay within said 30 day period, Tenant may deduct the entire cost from under any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the Terminsurance policies carried by Tenant.

Landlord Default. In Without limiting its other rights set forth in the event of any default by Landlord under this Lease ("Landlord Default"), Tenant may give Landlord written notice specifying such Landlord Default andLease, if Tenant shall do so, then Landlord shall have failed to perform any term, covenant, or condition of the Lease and Landlord shall have failed to cure such breach within 30 days in which to cure any such Landlord Default; provided, however, that if after written notice from Tenant specifying the nature of the Landlord Default is such that more than 30 days are required for its cure, then Landlord shall not breach where such breach could reasonably be in default if Landlord commences to cure within said 30 days and thereafter diligently prosecutes the same to completion within a reasonable time thereafter. In the event that Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay cured within said 30 day period, Tenant may deduct the entire cost from any Fixed Rentor if such breach could not be reasonably cured within said 30 day period, Additional Rent Landlord shall have failed to commence such cure within said 30 day period and other charges thereafter continue with due hereunder. In the event of a Landlord Defaultdiligence to prosecute such cure to completion within such time period as is reasonably needed, Tenant shall mitigate damages and/or losshave the right to pursue legal remedies for damages. Such obligation At Tenant’s option before pursuing a damage remedy, Tenant may give Landlord a second notice after the time for performance of the initial notice has run out, in which Tenant shall survive notify Landlord that it intends to use self-help to cure Landlord’s failure to perform identified in the Terminitial notice, shall specify what it is that Tenant proposes to do to cure the failure to perform, and states the cost thereof. Tenant shall have the right to perform such self help to cure Landlord’s failure to perform if Landlord fails to perform within fifteen (15) days after said second notice (or if Landlord’s failure to perform cannot reasonably be cured within said 15 day period, Landlord shall have failed to commence such cure within said 15 day period and thereafter continue with due diligence to prosecute such cure to completion within such time period as is reasonably needed, not to exceed a further thirty (30) days.

Landlord Default. In If Landlord shall default in the performance of any of its obligations hereunder, or if Landlord shall fail to make any payment which Landlord agrees to make hereunder, then Tenant, without being obligated to and without waiving such default, shall have the following remedies which shall be cumulative and shall be in addition to those remedies which Tenant may have at law or in equity. If Tenant provides written notice to Landlord (and any mortgagee of which Tenant has been notified) of any default of Landlord hereunder, and Landlord (or such mortgagee) shall fail to cure such default within thirty (30) days following the receipt of such notice (or as soon as possible under all of the circumstances in the event of any default by Landlord under this Lease ("Landlord Default"an emergency), Tenant may give Landlord written notice specifying perform such Landlord Default andobligation, if Tenant shall do soor pay any sums due to any third party, then Landlord shall have 30 days in which to cure any such Landlord Defaultas Landlord's agent; provided, however, that if the nature of the Landlord Default is such that more than 30 days are required for its curedefault cannot reasonably be cured within such thirty (30) day period, then Landlord shall not be in default if Landlord (or such mortgagee) promptly commences to the cure within said 30 days of such default and thereafter diligently prosecutes the same pursues such cure to completion within a reasonable time thereafterthereafter not to exceed one hundred twenty (120) days total. In The full reasonable amount of the event that costs and expenses incurred by Tenant to perform such obligation or make such payment, together with reasonable attorney's fee incurred by Tenant, shall be paid by Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 thirty (30) days after presentation of receipt of Tenant's demand invoices therefor and reasonable evidence of the cost of the same. If to Landlord; provided, if Landlord shall fail fails to pay such amount within said 30 such 30-day period, Tenant may deduct shall have the entire cost from any Fixed Rent, right to offset such unpaid amounts against the next installment(s) of Additional Rent due and other charges due payable hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the Term.

Landlord Default. In the event Landlord’s failure to perform or observe any of its Lease obligations within ten (10) days after Landlord receives written notice from Tenant that any such performance or observance is past due is a default by Landlord under this Lease ("“Landlord Default"”), Tenant may give Landlord written notice specifying such . If the Landlord Default andcannot be cured within such ten (10) days, if Tenant shall do so, then Landlord shall have 30 days not be in which default of this Lease if Landlord commences to cure any the Landlord Default within such ten (10) day period and diligently continues to cure such Landlord Default; provided, however, that if the nature of the such Landlord Default must be cured on or before the one hundred twentieth (120th) day after Landlord receives such written notice from Tenant. If Tenant brings suit against Landlord for any breach by Landlord of any of its obligations hereunder, and such a breach is such that more than 30 days are required for its curedetermined to have occurred, then Landlord shall not be pay Tenant all reasonable costs and expenses incurred by Tenant with respect thereto, including, without limitation, all reasonable attorney’s fees. If Landlord is in default if Landlord commences to cure within said 30 days and thereafter diligently prosecutes the same to completion within a reasonable time thereafter. In the event that Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equityunder this Lease, Tenant may may, without being obligated and without waiving such Landlord Default, cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the sameDefault. If Landlord shall fail to pay within said 30 day period, Tenant may deduct enter the entire cost from any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Premises or Project to cure such Landlord Default, and Landlord shall pay Tenant, immediately on demand, all reasonable costs, expenses and disbursements incurred by Tenant shall mitigate damages and/or loss. Such obligation shall survive the Termto cure such Landlord Default.

Landlord Default. In If at any time or times Landlord shall be in default in the event performance or observance of any default by Landlord under of its covenants, agreements or undertakings provided in this Lease ("Landlord Default")Lease, Tenant may give Landlord written notice specifying such Landlord Default and, and if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Default; provided, however, that if the nature of the Landlord Default is such that more than 30 days are required for its cure, then Landlord shall not cure or remedy such default within thirty (30) days after Tenant gives written notice thereof to Landlord, or, if such default cannot reasonably be in default cured and remedied within thirty (30) days, if Landlord commences shall not commence in good faith to cure and remedy such default within said 30 thirty (30) days after receipt of such notice from Tenant and thereafter diligently prosecutes the same continue with due diligence until such default is cured and remedied, then Tenant may, but shall not be obligated to, take such action as in Tenant's good faith judgment is reasonably appropriate to completion within a reasonable time thereafter. In the event that Landlord shall remain in cure and remedy such default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary paymentsLandlord, and billing Landlord for the reasonable costs thereofshall, which Landlord agrees to within forty-five (45) days after receipt of demand therefor, pay to Tenant within 30 days of receipt of Tenant's demand therefor an amount equal to all reasonable costs and reasonable evidence of the cost of the sameexpenses incurred by Tenant in so curing and remedying such default. If Landlord shall fail fails to pay Tenant within said 30 the 45-day period, Tenant may deduct shall only be permitted to offset the entire cost amount due against Base Rent after obtaining a final, unappealable decision in its favor from an adjudicatory body. If Landlord commits a default which has not been cured after any Fixed Rent, Additional Rent applicable notice and other charges due hereunder. In the event of a Landlord Defaultcure period, Tenant shall mitigate damages and/or lossmay pursue any remedies given in this Lease or under the law. Such obligation shall survive Tenant is entitled to recover its reasonable and actual legal fees if the Termcourt or other adjudicative body agrees that the Landlord was wrong in refusing to reimburse Tenant for an amount demanded.

Landlord Default. In the event of any default by Landlord under this Lease ("Landlord Default"), Tenant may give Landlord written notice specifying such Landlord Default and, if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Default; provided, however, that if the nature of the Landlord Default is such that more than 30 days are required for its cure, then Landlord shall not be in default unless Landlord fails to comply with any term, provision, or covenant of this Lease and such failure is not cured within thirty (30) days after written notice thereof to Landlord stating the nature of the default and the time period applicable to its cure, or, if Landlord’s failure to comply with any term, provision or covenant under this Lease materially interferes with Tenant’s business operations, then within ten (10) business days after such written notice thereof to Landlord (with such notice specifying the shorter time period and the reasons therefor) (the thirty-day period and the ten business day period being each being a “Landlord Default Notice Period”); provided that if the nature of such cure is such that a longer cure period is necessary, Landlord shall only be in default if Landlord commences shall have failed to commence such cure within said 30 days Landlord Default Notice Period and thereafter to have diligently prosecutes prosecuted such cure to completion. Notwithstanding the same to completion within a reasonable time thereafter. In foregoing, in the event that Landlord shall remain in default following its said right fails to curemake any payment, then, in addition to all other rights as and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereofwhen due, which payment is required to be made by Landlord agrees to pay to Tenant within 30 in accordance with the terms of Exhibit C and which payment remains unpaid more than thirty (30) days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period, Tenant may deduct the entire cost from any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Landlord Defaultafter an arbitration award for such payment, Tenant shall mitigate damages and/or losshave the right to set off against Base Rent due under this Lease such amount owed and not paid by Landlord. Such obligation If Tenant offsets Base Rent, Tenant shall survive the Termcontemporaneously deliver to Landlord evidence of such offset.

Landlord Default. In the event of any default by Landlord under this Lease ("Landlord Default"), Tenant may give Landlord written notice specifying such Landlord Default and, if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Default; provided, however, that if the nature of the Landlord Default is such that more than 30 days are required for its cure, then Landlord shall not be in default if Landlord commences to cure within said 30 days and thereafter diligently prosecutes the same to completion within a reasonable time thereaftercompletion. In the event that Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period, Tenant may deduct the entire cost from any Fixed Rent, Additional Rent rent and other charges due hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the Term.

Landlord Default. In the event of any Tenant agrees Landlord will not be in default by Landlord under this Lease ("unless Landlord Default"), Tenant may give Landlord does not perform its obligations within 30 days after written notice specifying such by Tenant to Landlord, as long as Landlord Default anddiligently attempts to complete any emergency repairs it is obligated to perform under this Lease as soon as is commercially reasonable, if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Default; provided, however, and except that if the nature of the Landlord’s obligations cannot reasonably be completed within 30 days, Landlord Default is such that more than 30 days are required for its cure, then Landlord shall will not be in default if Landlord commences to perform within the 30-day period and diligently pursues the cure to completion. If Landlord does not cure a failure to perform any of its maintenance, repair, or replacement obligations under this Lease within said 30 days and thereafter diligently prosecutes the same to completion within a reasonable time thereafter. In cure period under the event that Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equitypreceding sentence, Tenant may cure such Landlord Default perform the obligation on Landlord’s behalf after 10 days’ notice of Landlord by doing the necessary work and/or making the necessary paymentsobligations it intends to perform, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay reimburse Tenant for its reasonable out-of-pocket cost of doing so. Tenant waives and agrees that it has no right to offset any amounts Landlord owes it against any rent. Landlord’s liability to Tenant within 30 days for any default by Landlord under this Lease is limited to Landlord’s actual interest in the property and Tenant agrees to look only to Landlord’s interest in the property, including sale proceeds, insurance proceeds, and rents, for the satisfaction of receipt any liability. Tenant waives and agrees not to seek any recourse against any partner, member, shareholder, director, governor, officer, manager, agent, or employee of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period, Tenant may deduct the entire cost from any Fixed Rent, Additional Rent and other charges due hereunder. In the event of a Landlord Default, Tenant shall mitigate damages and/or loss. Such obligation shall survive the TermLandlord.

Landlord Default. In the event of any Landlord shall be in default by Landlord under this Lease if ("i) Landlord Default"), Tenant may give Landlord fails to perform any of its obligations hereunder and said failure continues for a period of 60 days after written notice specifying thereof from Tenant to Landlord (provided that if such Landlord Default andfailure cannot reasonably be cured within said 60 day period, if Tenant shall do so, then Landlord shall have 30 days in which to cure any such Landlord Default; provided, however, that if the nature of the Landlord Default is such that more than 30 days are required for its cure, then Landlord shall not be in default hereunder only if Landlord commences fails to commence the cure of said failure within said 60 day period, or having commenced the curative action within said 60 day period, fails to diligently pursue same) and (ii) each Mortgagee of whose identity Tenant has been notified in writing shall have failed to cure such default within 30 days (or such longer period of time as may be specified in any written agreement between Tenant and Mortgagee regarding such matter) after receipt of written notice from Tenant of Landlord’s failure to cure within said 30 days and thereafter diligently prosecutes the same to completion within a reasonable time thereafter. In the event that Landlord shall remain in default following its said right to cure, then, in addition to all other rights and remedies available to Tenant at law and in equity, Tenant may cure such Landlord Default on behalf of Landlord by doing the necessary work and/or making the necessary payments, and billing Landlord for the reasonable costs thereof, which Landlord agrees to pay to Tenant within 30 days of receipt of Tenant's demand therefor and reasonable evidence of the cost of the same. If Landlord shall fail to pay within said 30 day period, Tenant may deduct the entire cost from any Fixed Rent, Additional Rent and other charges due hereunderperiods provided above. In the event of a default by Landlord Defaultunder this Lease, Tenant shall use reasonable efforts to mitigate its damages and/or loss. Such obligation and losses arising from any such default and Tenant may pursue any and all remedies available to it at law or in equity, provided, however, in no event shall survive Tenant claim a constructive or actual eviction or that the TermPremises have become unsuitable or unhabitable prior to a default and failure to cure by Landlord and its Mortgagee under this Lease and, further provided, in no event shall Tenant be entitled to receive more than its actual direct damages, it being agreed that Tenant hereby waives any claim it otherwise may have for special or consequential damages.