Common use of Landlord Default Clause in Contracts

Landlord Default. In the event Landlord should neglect or fail to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, and such failure continues for thirty (30) days after written notice of default (or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed an additional sixty (60) days), then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s breach, but not special or consequential damages. Should Tenant give written notice to Landlord to correct any default, Tenant shall give similar notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant), and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.

Landlord Default. In the event Landlord should neglect or fail to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, and such failure continues for thirty (30) days after written notice of default (or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed an additional sixty (60) daysthereafter), then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s 's breach, but not special or consequential damages. Should Tenant give written notice to Landlord to correct any default, Tenant shall give similar notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant)lease, and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.

Landlord Default. In the event Landlord should neglect or fail to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, and such failure continues for thirty (30) days after written notice of default (or if more 21 25 than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed an additional sixty (60) daysthereafter), then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s 's breach, but not special or consequential damages. Should Tenant give given written notice to Landlord to correct any default, Tenant tenant shall give similar notice to the holder of any mortgages or deeds deed of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant)lease, and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Notwithstanding any other provisions in this Lease, any claim which Tenant may have against Landlord for failure to perform or observe any of the covenants, provisions or conditions contained in this Lease shall be deemed waived unless such claim is asserted by written notice thereof to Landlord within ten (10) days of commencement of the alleged default or of occurrence of the cause of action and unless suit be brought thereon within six (6) months subsequent to the occurrence of such cause of action. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.

Landlord Default. In Landlord shall not be deemed to be in breach, or in default in the event Landlord should neglect or performance, of any of its obligations under this Lease unless it shall fail to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, such obligation(s) and such failure continues shall continue for a period of thirty (30) days days, or such additional time as is reasonably required to correct any such breach or default, after written notice of default (or if more than thirty (30) days shall be required because of has been given by Tenant to Landlord specifying the nature of the default, if Landlord shall fail to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed an additional sixty (60) days), then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s breach, but alleged breach or default. Landlord’s failure to perform any of its obligations hereunder shall not special be deemed an eviction of Tenant (constructive or consequential damages. Should Tenant give written notice to Landlord to correct any default, Tenant shall give similar notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenantactual), and prior to any cancellation of this Leaseexcept as expressly set forth herein, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this LeaseLease for any breach or default by Landlord hereunder and no right, except as expressly provided elsewhere for any such breach or default, to offset or counterclaim against any rent due hereunder. Where provision is made in this LeaseLease for Landlord’s consent and Tenant shall request such consent and Landlord shall fail or refuse to give or shall delay in giving such consent, Tenant shall not be entitled to any damages and Tenant hereby waives any claim based on such failure, refusal or delay; provided however in any situation where Landlord is expressly required not to withhold its consent unreasonably Tenant shall (at its sole remedy) be entitled to bring an action for specific performance or injunction.

Landlord Default. In the event Landlord should neglect or fail to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, and such failure continues for thirty (30) days after written notice of default (or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed an additional sixty (60) daysthereafter), then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s 's breach, but not special or consequential damages; provided, however, that in the event of an interruption of HVAC or electricity services, Landlord shall promptly take commercially reasonable efforts to cure such interruption and shall diligently pursue such cure until reinstatement of service. Should Tenant give written notice to Landlord to correct any default, Tenant shall give similar concurrent notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant), and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.

Landlord Default. In the event Landlord should neglect or fail to ---------------- perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, and and, except in the case of an emergency, such failure continues for thirty (30) days after written notice of default (or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed an additional sixty (60) daysthereafter), then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s 's breach, but not special or consequential damages. Should Tenant give written notice to Landlord to correct any default, Tenant shall give similar notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have Tenant has been provided to Tenantthe appropriate addresses), and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.

Landlord Default. In the event Landlord should neglect or fail to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, and such failure continues for thirty (30) days after written notice of default (or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed an additional sixty (60) daysthereafter), then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s breach, but not special or consequential damages. Should Tenant give written notice to Landlord to correct any default, Tenant shall give similar notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant), and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.

Landlord Default. In the event Landlord should neglect or fail shall be in default under this Lease if (i) Landlord fails to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, obligations hereunder and such said failure continues for thirty (30) a period of 60 days after written notice of default thereof from Tenant to Landlord (or provided that if more than thirty (30) days such failure cannot reasonably be cured within said 60 day period, Landlord shall be required because of the nature of the default, in default hereunder only if Landlord shall fail fails to commence the curing 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 (as defined in Section 23) of whose identity Tenant has been notified in writing shall have failed to cure such default within 30 days (or such thirty (30longer period of time as may be specified in any written agreement between Tenant and Mortgagee regarding such matter) day period and proceed diligently thereafter but not to exceed an additional sixty (60) days), then Landlord shall be responsible to after receipt of written notice from Tenant for any actual damages sustained by Tenant as a result of Landlord’s breachfailure to cure within the time periods provided above. In the event of a default by Landlord under the Lease, but not Tenant shall use reasonable efforts to mitigate its damages 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 Tenant claim a constructive or actual eviction or that the Premises 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. Should Tenant give written notice to Landlord to correct any default, Tenant shall give similar notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant), and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.

Landlord Default. In the event If Landlord should neglect or fail fails to perform or observe any its obligations under this Lease within a reasonable time, but in no event later than 30 days after Landlord receives written notice from Tenant specifying Landlord's default, Landlord is in default provided, however, if the nature of Landlord's obligation is such that more than 30 days are required to perform its obligation, Landlord will not be in default if Landlord starts to perform the cure within the 30 day period and diligently carries out the cure to completion. Landlord will act expeditiously after receiving notice from Tenant of the covenants, provisions need to make repairs pursuant to Article 5.01 if emergency repair is required to terminate a major interruption of or conditions contained in this Lease on its part threat to be performed or observedTenant's business. If such an emergency repair is required, and Landlord fails to make such failure continues repair within a reasonable amount of time after receiving notice from Tenant, Tenant shall have the right to make such emergency repair and Landlord shall reimburse Tenant for thirty the actual cost thereof within ten (3010) days after Tenant's written notice of default (request for reimbursement, which request must contain invoices or if more than thirty (30) days shall be required because other evidence acceptable to Landlord of the nature cost of the default, if Landlord repair performed by Tenant. Tenant shall fail not have the right to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed an additional sixty (60) days), then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant terminate this Lease as a result of Landlord’s breach, but not special 's default or consequential damagesto perform maintenance or repairs and deduct the cost from amounts payable by Tenant to Landlord. Should Tenant give written notice Tenant's remedies are limited to Landlord an action for monetary damages or an injunction or both. As a material part of the consideration to correct any defaultLandlord, Tenant shall give similar notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided agrees that the names and addresses of such holders or lessors have been provided to Tenant), and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Lease.execution

Landlord Default. In the event Landlord should neglect or fail shall be in default under this Lease if Landlord fails to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, obligations hereunder and such said failure continues for a period of thirty (30) days after Tenant delivers written notice thereof to Landlord (to each of default (or the addresses required by the Lease) and each mortgagee who has a lien against any portion of the Property and whose name and address has been provided to Tenant, provided that if more than such failure cannot reasonably be cured within said thirty (30) days shall be required because of the nature of the defaultday period, if Landlord shall fail to commence not be in default hereunder if the curing of such default curative action is commenced within such said thirty (30) day period and proceed is thereafter diligently thereafter but not pursued until cured. In no event shall (i) Tenant claim a constructive or actual eviction or that the Premises have become unsuitable hereunder or (ii) a constructive or actual eviction or breach of the implied warranty of suitability be deemed to exceed an additional sixty (60) dayshave occurred under this Lease, prior to the expiration of the notice and cure periods provided under this Section 26(e), then . Any notice of a failure to perform by Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s breach, but not special or consequential damages. Should Tenant give written notice sent to Landlord to correct any default, Tenant shall give similar notice at the addresses and to the holder attention of any mortgages the parties set forth in the Basic Lease Information. Any notice of a failure to perform by Landlord not sent to Landlord at all addresses and/or to the attention of all parties required under this Section and to each mortgagee who is entitled to notice or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant), and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease not sent in compliance with Section 12(c) below shall be given a reasonable period of time to correct no force or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Lease, except as expressly provided elsewhere in this Leaseeffect.

Landlord Default. In the event If Landlord should neglect or fail fails to perform or observe any of the covenants, provisions or conditions contained in this Lease obligations on its Landlord’s part to be performed or observedobserved pursuant to this Lease, and such failure continues for thirty (30) days after written notice thereof is sent by Tenant to Landlord informing Landlord of such failure, then Landlord shall be deemed to be in default (or under this Lease; provided, however, that if the failure set forth in Tenant’s notice is such that it requires more than thirty (30) days shall be required because of the nature of the defaultto correct, if Landlord shall fail not be deemed to commence be in default hereunder if Landlord: (i) promptly and diligently commences curing the curing of such default failure within such thirty (30) day period days after written notice is sent by Tenant to Landlord informing Landlord of such failure; and proceed (ii) diligently thereafter but not prosecutes the cure to exceed an additional sixty (60) days)completion and subject to extension for delays cause by Force Majeure. Any monetary judgment obtained by Tenant shall be satisfied only out of the proceeds of sale received upon execution of such judgment and levy thereon against the right, then title and interest of Landlord in the Premises and out of rents or other income from such property receivable by Landlord and Landlord shall not be responsible to Tenant personally liable for any actual damages sustained by Tenant as deficiency. If a result of Landlord’s breach, but Landlord default cannot special or consequential damages. Should Tenant give written notice to Landlord to correct any defaultbe cured within the time periods provided for in this Section, Tenant shall give similar notice to have the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant), and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate this Leasecredit any damages resulting therefrom or other claimed amount against any Base Rent, except as expressly provided elsewhere in this LeaseAdditional Rent, or other sum then or thereafter due Landlord.

Landlord Default. In the event Landlord should neglect or fail to perform or observe any of the covenants, provisions or conditions contained in this Lease on its part to be performed or observed, and such failure continues for thirty (30) days after written notice of default (or if more than thirty (30) days shall be required because of the nature of the default, if Landlord shall fail to commence the curing of such default within such thirty (30) day period and proceed diligently thereafter but not to exceed thereafter) or for any commercially unreasonable time if an additional sixty (60) days)emergency situation occurs, then Landlord shall be responsible to Tenant for any actual damages sustained by Tenant as a result of Landlord’s breach, but not special or consequential damages. Should Tenant give written notice to Landlord to correct any default, Tenant shall give similar notice to the holder of any mortgages or deeds of trust against the Building or the lessor of any ground lease (provided that the names and addresses of such holders or lessors have been provided to Tenant)lease, and prior to any cancellation of this Lease, the holder of such mortgage or deed of trust and/or the lessor under such ground lease shall be given a reasonable period of time to correct or remedy such default. If and when such holder of such mortgage or deed of trust and/or the lessor under any such ground lease has made performance on behalf of Landlord, the default of Landlord shall be deemed cured. Tenant shall have no right to terminate Notwithstanding any other provisions in this Lease, except as expressly provided elsewhere any claim which Tenant may have against Landlord for failure to perform or observe any of the covenants, provisions or conditions contained in this LeaseLease shall be deemed waived unless such claim is asserted by written notice thereof to Landlord within ten (10) days of commencement of the alleged default or occurrence of the cause of action and unless suit be brought thereon within six (6) months subsequent to the occurrence of such cause of action.