Common use of Landlord Default Clause in Contracts

Landlord Default. If Landlord is in default under any of its obligations and the default continues for thirty (30) days after written notice from Tenant (subject to extension pursuant to 23.9), Tenant may pursue all remedies at law or in equity. Tenant may, but shall not be required to, correct such default for the Landlord's account, and the expense shall be promptly paid within ten (10) days by Landlord; however, in no event shall Tenant have the right to rental abatement, offset of expenses against rental, or the right to terminate this lease, subject to Tenant's legal or equitable remedies. Tenant may not offset any sum due or assertedly due from Landlord to Tenant against any sum due from Tenant to Landlord. Tenant agrees that if Tenant obtains a judgment against Landlord arising out of Landlord's obligations under this lease excluding gross negligence or intentional acts of Landlord, such judgment may be satisfied by the execution and sale of Landlord's interest in the building the leased premises are leased hereby or the Landlord's other assets, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall be entitled to the equity and the income from the building the leased premises are leased hereby. Tenant may not seek execution against other property of Landlord, nor pursue any judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's written request, Tenant will release any property (other than the premises leased hereby) from the lien of any judgment obtained by Tenant against Landlord arising out of Landlord's obligations under this lease.

Appears in 3 contracts

Samples: Lease Agreement (Displaytech Inc), Lease Agreement (Displaytech Inc), Lease Agreement (Displaytech Inc)

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Landlord Default. If Landlord is in default under any of its obligations and the default continues for thirty (30) days after written notice from Tenant (subject to extension pursuant to 23.9)24.9, Tenant may pursue all remedies at law or in equity. Tenant may, but shall not be required to, correct such default for the Landlord's accountaccount , and the expense shall be promptly paid within ten (10) days by Landlord; however, in no event shall Tenant have the right to rental abatement, offset of expenses against rental, or the right to terminate this lease, subject to Tenant's legal or equitable remedies. Tenant may not offset any sum due or assertedly due from Landlord to Tenant against any sum due from Tenant to Landlord. Tenant agrees that if Tenant obtains a judgment against Landlord arising out of Landlord's obligations under this lease excluding gross negligence or intentional acts of Landlordlease, such judgment may be satisfied only by the execution and sale of Landlord's interest in the building the leased premises are leased hereby or the Landlord's other assets, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall be entitled to the equity and the income from the building the leased premises are leased hereby. Tenant may not seek execution against other property of Landlord, nor pursue any judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's written written, request, Tenant will release any property (other than the premises leased hereby) from the lien of any judgment obtained by Tenant against Landlord arising out of Landlord's obligations under this lease.

Appears in 1 contract

Samples: Lease Agreement (Vastera Inc)

Landlord Default. If Landlord is in default under any of its obligations and the default continues for thirty (30) days after written notice from Tenant (subject to extension pursuant to 23.9), Tenant may pursue all remedies at law or in equity. Tenant may, but shall not be required to, correct such default for the Landlord's ’s account, and the expense shall be promptly paid within ten (10) days by Landlord; however, in no event shall Tenant have the right to rental abatement, offset of expenses against rental, or the right to terminate this lease, subject to Tenant's Tenants legal or equitable remedies. Tenant may not offset any sum due or assertedly due from Landlord to Tenant against any sum due from Tenant to Landlord. Tenant agrees that if Tenant obtains a judgment against Landlord arising out of Landlord's ’s obligations under this lease excluding gross negligence or intentional acts of Landlordlease, such judgment may be satisfied only by the execution and sale of Landlord's ’s interest in the building the leased premises are leased hereby or the Landlord's other assets, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall be entitled to the equity and the income from the building the leased premises are Premises leased hereby. Tenant may not seek execution against other property of Landlord, nor pursue any judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's ’s written request, Tenant will release any property (other than the premises Premises leased hereby) from the lien of any judgment obtained by Tenant against Landlord arising out of Landlord's ’s obligations under this lease.

Appears in 1 contract

Samples: Lease Agreement (Monotype Imaging Holdings Inc.)

Landlord Default. If Landlord is in default under any of its obligations and the default continues for thirty (30) days after written notice from Tenant (subject to extension pursuant to 23.9), Tenant may pursue all remedies at law or in equity. Tenant may, but shall not be required to, correct such default for the Landlord's accountaccount , and the expense shall be promptly paid within ten (10) days by Landlord; however, in no event shall Tenant have the right to rental abatement, offset of expenses against rental, or the right to terminate this lease, subject to Tenant's Tenants legal or equitable remedies. Tenant may not offset any sum due or assertedly due from Landlord to Tenant against any sum due from Tenant to Landlord. Tenant agrees that if Tenant obtains a judgment against Landlord arising out of Landlord's obligations under this lease excluding gross negligence or intentional acts of Landlordlease, such judgment may be satisfied only by the execution and sale of Landlord's interest in the building the leased premises are leased hereby or the Landlord's other assets, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall be entitled to the equity and the income from the building the leased premises are Premises leased hereby. Tenant may not seek execution against other property of Landlord, nor pursue any judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's written request, Tenant will release any property (other than the premises Premises leased hereby) from the lien of any judgment obtained by Tenant against Landlord arising out of Landlord's obligations under this lease.

Appears in 1 contract

Samples: Lease Agreement (Monotype Imaging Holdings Inc.)

Landlord Default. If In the event of any default by Landlord is in default under any of its obligations and the default continues for thirty (30) days after this Lease, Tenant will give Landlord written notice from Tenant (subject to extension pursuant to 23.9), Tenant may pursue all remedies at law or in equity. Tenant may, but shall not be required to, correct specifying such default for the Landlord's accountwith particularity, and the expense Landlord shall be promptly paid within thereupon have ten business (10) days (or such longer period as may reasonably be required in the exercise of due diligence) in which to cure any such default. Unless and until Landlord fails to so cure any default after such notice, Tenant shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, not conditions. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall look solely to Landlord; however's equity in the Building, in no event shall Tenant have the right and not to rental abatement, offset any other or separate business or non-business assets of expenses against rentalLandlord, or any partner, shareholder, officers or representative of Landlord, for the right to terminate this lease, subject to Tenant's legal or equitable remedies. Tenant may not offset satisfaction of any sum due or assertedly due from Landlord to claim brought by Tenant against Landlord, and if Landlord shall fail to perform any sum due from covenant, term or condition of this Lease upon Landlord's part to be performed, and as a consequence of such default, Tenant to Landlord. Tenant agrees that if Tenant obtains shall recover a money judgment against Landlord arising out of Landlord's obligations under this lease excluding gross negligence or intentional acts of Landlord, such judgment may shall be satisfied only: (i) out of the proceeds of sale received upon levy against Landlord's equity in the Building, and/or (ii) to the extent not encumbered by a secured creditor, out of the execution and sale rents or other incomes receivable by Landlord from the Building, and/or (iii) by withholding rent against an unsatisfied court judgment that Tenant has obtained against the Landlord which judgment is not on appeal, provided that all rental payments in dispute shall be paid to a mutually acceptable escrow agent while such approval is pending. Further, in the event the owner of Landlord's interest in the building the leased premises are leased hereby this Lease is at any time a partnership, joint venture or the Landlord's other assets, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall be entitled to the equity and the income from the building the leased premises are leased hereby. Tenant may not seek execution against other property of Landlord, nor pursue any judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's written requestunincorporated association, Tenant will release any property (other than agrees that the premises leased hereby) from members or partners of such partnership, joint venture or unincorporated association shall not be personally or individually liable or responsible for the lien performance of any judgment obtained by Tenant against Landlord arising out of Landlord's obligations under this leasehereunder.

Appears in 1 contract

Samples: Change in Control Severance Agreement (Capital Bank Corp)

Landlord Default. If In the event of any default by Landlord is in under this Lease, Tenant will give Landlord written notice specifying such default under any of its obligations with particularity, and the default continues for Landlord shall thereupon have thirty (30) days (or such longer period as may be required in the exercise of due diligence) in which to cure any such default. Unless and until Landlord fails to so cure any default after written notice from Tenant (subject to extension pursuant to 23.9)such notice, Tenant may pursue all remedies at law or in equity. Tenant may, but shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be required toconstrued as covenants, correct such default not conditions. Notwithstanding any other provisions of this Lease to the contrary, Tenant shall look solely to Landlord’s equity in the Building, and not to any other or separate business or non-business assets of Landlord, or any partner, shareholder, officers or representative of Landlord, for the satisfaction of any claim brought by Tenant against Landlord's account, and the expense if Landlord shall fail to perform any covenant, term or condition of this Lease upon Landlord’s part to be promptly paid within ten (10) days by Landlord; howeverperformed, in no event and as a consequence of such default, Tenant shall Tenant have the right to rental abatement, offset of expenses against rental, or the right to terminate this lease, subject to Tenant's legal or equitable remedies. Tenant may not offset any sum due or assertedly due from Landlord to Tenant against any sum due from Tenant to Landlord. Tenant agrees that if Tenant obtains recover a monetary judgment against Landlord arising out of Landlord's obligations under this lease excluding gross negligence or intentional acts of Landlord, such judgment may shall be satisfied by only: (i) out of the execution and proceeds of sale of received upon levy against Landlord's interest ’s equity in the building Building, and/or (ii) to the leased premises are leased hereby extent not encumbered by a secured creditor, out of the rents or other incomes receivable by Landlord from the Landlord's other assetsBuilding. With respect to any provisions of this Lease which provides that Landlord shall not unreasonably withhold or delay any consent or approval, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall not have, and Tenant hereby waives, any claim for money damages; nor shall Tenant claim any money damages by way of setoff, counterclaim or defense, based upon any allegation of unreasonableness by Landlord. Tenant’s sole remedy shall be entitled an action or proceeding to the equity and the income from the building the leased premises are leased hereby. Tenant may not seek execution against other property of Landlordenforce any such provisions, nor pursue any or for specific performance, injunction or declaratory judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's written request, Tenant will release any property (other than the premises leased hereby) from the lien of any judgment obtained by Tenant against Landlord arising out of Landlord's obligations under this lease.

Appears in 1 contract

Samples: Lease Agreement (Chelsea Therapeutics International, Ltd.)

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Landlord Default. If Landlord is in default under any of its obligations and the default continues for thirty (30) days after written notice from Tenant (subject to extension pursuant to 23.9), Tenant may pursue all remedies at law or in equity. Tenant may, but shall not be required to, correct such default for the Landlord's ’s account, and the expense shall be promptly paid within ten (10) days by Landlord; however, in no event shall Tenant have the right to rental abatement, offset of expenses against rental, or the right to terminate this leaseLease, subject to Tenant's Tenants legal or equitable remedies. Tenant may not offset any sum due or assertedly due from Landlord to Tenant against any sum due from Tenant to Landlord. Tenant agrees that if Tenant obtains a judgment against Landlord arising out of Landlord's ’s obligations under this lease excluding gross negligence or intentional acts of LandlordLease, such judgment may be satisfied only by the execution and sale of Landlord's ’s interest in the building the leased premises are leased hereby or the Landlord's other assets, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall be entitled to the equity and the income from the building the leased premises are Premises leased hereby. Tenant may not seek execution against other property of Landlord, nor pursue any judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's ’s written request, Tenant will release any property (other than the premises Premises leased hereby) from the lien of any judgment obtained by Tenant against Landlord arising out of Landlord's ’s obligations under this leaseLease.

Appears in 1 contract

Samples: Lease Agreement (Pelion Systems Inc)

Landlord Default. If Landlord is in default under any of its obligations and the default continues for thirty twenty (3020) days after written notice from Tenant (subject to extension pursuant to 23.9), Tenant may pursue all remedies at law or in equity. Landlord will use reasonable efforts to promptly remedy the default within twenty (20) days. Tenant may, but shall not be required to, correct such default for the Landlord's account, and the expense shall be promptly paid within ten (10) days by Landlord; however, in no event shall Tenant have the right to rental abatement, offset of expenses against rental, or the right to terminate this lease, subject to lease unless Tenant's legal or equitable remediesremedies provide otherwise. Tenant may not offset any sum due or assertedly due from Landlord to Tenant against any sum due from Tenant to Landlord. Tenant agrees that if Tenant obtains a judgment against Landlord arising out of Landlord's obligations under this lease excluding gross negligence or intentional acts of Landlordlease, such judgment shall be limited in the aggregate to $1,125,000, and such judgment may be satisfied only by the execution and sale of Landlord's interest in the building the leased premises are leased hereby or the Landlord's other assets, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall be entitled to the equity and the income from the building the leased premises are Premises leased hereby. Tenant may not seek execution against other property of Landlord, nor pursue any judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's written request, Tenant will release any property (other than the premises Premises leased hereby) from the lien of any judgment obtained by Tenant against Landlord arising out of Landlord's obligations under this lease.. The limitation provided in this paragraph shall not apply to Landlord's obligations under Section 21.9

Appears in 1 contract

Samples: Lease Agreement (Array Biopharma Inc)

Landlord Default. If Landlord is in default under any of its obligations and the default continues for thirty twenty (3020) days after written notice from Tenant (subject to extension pursuant to 23.9), Tenant may pursue all remedies at law or in equity. Landlord will use reasonable efforts to promptly remedy the default within twenty (20) days. Tenant may, but shall not be required to, correct such default for the Landlord's account, and the expense shall be promptly paid within ten (10) days by Landlord; however, in no event shall Tenant have the right to rental abatement, offset of expenses against rental, or the right to terminate this lease, subject to lease unless Tenant's legal or equitable remediesremedies provide otherwise. Tenant may not offset any sum due or assertedly due from Landlord to Tenant against any sum due from Tenant to Landlord. Tenant agrees that if Tenant obtains a judgment against Landlord arising out of Landlord's obligations under this lease excluding gross negligence lease, such judgment shall be limited in the aggregate to the greater of $1,169,000 or intentional acts the equity value in the Premises at the time of Landlord, the judgment; and such judgment may be satisfied only by the execution and sale of Landlord's interest in the building the leased premises are leased hereby or the Landlord's other assets, not to exceed One Million Dollars ($1,000,000.00), in aggregate. Landlord agrees in the event a judgment against Landlord, is obtained the Tenant shall be entitled to the equity and the income from the building the leased premises are leased herebyPremises. Tenant may not seek execution against other property of Landlord, nor pursue any judgment, execution or other remedy against the partners or other owners of Landlord or any of their property. Immediately upon receipt of Landlord's written request, Tenant will release any property (other than the premises leased herebyPremises) from the lien of any judgment obtained by Tenant against Landlord arising out of Landlord's obligations under this leaseLease. The limitations provided in this paragraph shall not apply to Landlord's obligations under Section 21.9, or to Landlord's gross negligence, intentional misconduct or willful breach.

Appears in 1 contract

Samples: Lease Agreement (Array Biopharma Inc)

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