Common use of Landlord’s Default and Remedies Clause in Contracts

Landlord’s Default and Remedies. (a) Landlord will be in “Default” of this Lease if Landlord fails to perform any Lease obligation of Landlord and this failure continues for thirty (30) days after Tenant notifies Landlord of such failure, or such longer period of time as is reasonable if more than thirty (30) days is reasonably required to perform this obligation, if performance commences within said thirty-day period and is diligently prosecuted to completion. (b) If Landlord is in Default, then Tenant may exercise any remedy available under law that is not waived or limited under this Lease, subject to the following: (1) Tenant may not terminate this Lease due to any Landlord Default until Tenant notifies each Encumbrance holder and each Encumbrance holder is provided a reasonable opportunity to gain legal possession of the Project and, after gaining possession, cure the Default. (2) Landlord’s liability under this Lease or for any matter relating to the occupancy or use of the Premises and/or the Project is limited to Landlord’s interest in the Building, and if Landlord is comprised of more than one entity, the liability of each entity comprising Landlord shall be several only (not joint) based upon such entity’s proportionate share of ownership in the Building. (3) No liability under this Lease is assumed by Landlord’s Affiliates. (4) Any liability of Landlord to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under this Lease or any matter relating to the occupancy or use of the Premises and/or the Project shall be limited to Tenant’s actual direct, but not consequential, damages therefor.

Landlord’s Default and Remedies. (a) Landlord will be in “"Default” " of this Lease if Landlord fails to perform any Lease obligation of Landlord and this failure continues for thirty (30) 20 days after Tenant notifies Landlord of such failure, or such longer period of time as is reasonable if more than thirty (30) 20 days is reasonably required to perform this obligation, obligation if performance commences within said thirtythis 20-day period and is diligently prosecuted to completion. (b) If Landlord is in Default, then Tenant may exercise any remedy available under law that is not waived or limited under this Lease, subject to the following: (1) Tenant may not terminate this Lease due to any Landlord Default until Tenant notifies each Encumbrance holder and each Encumbrance holder is provided a reasonable opportunity to gain legal possession of the Project and, after gaining possession, cure the Default. (2) Landlord’s 's liability under this Lease or for any matter relating to the occupancy or use of the Premises and/or the Project is limited to Landlord’s 's interest in the Building, and if Landlord is comprised of more than one entity, the liability of each entity comprising Landlord shall be several only (not joint) based upon such entity’s 's proportionate share of ownership in the Building. (3) No liability under this Lease is assumed by Landlord’s 's Affiliates. (4) Any liability of Landlord to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under this the Lease or any matter relating to the occupancy or use of the Premises and/or the Project Building shall be limited to Tenant’s 's actual direct, but not consequential, damages therefortherefore.

Landlord’s Default and Remedies. (a) Landlord will be in “Default” of this Lease if Landlord fails to perform any Lease obligation of Landlord and this failure continues for thirty twenty (3020) days after Tenant notifies Landlord of such failure, or such longer period of time as is reasonable if more than thirty twenty (3020) days is reasonably required to perform this obligation, obligation if performance commences within said thirty-day this twenty (20)-day period and is diligently prosecuted to completion. (b) If Landlord is in Default, then Tenant may exercise any remedy available under law that is not waived or limited under this Lease, subject to the following: (1) Tenant may not terminate this Lease due to any Landlord Default until Tenant notifies each Encumbrance holder and each Encumbrance holder is provided a reasonable opportunity to gain legal possession of the Project and, after gaining possession, cure the Default. (2) Landlord’s liability under this Lease or for any matter relating to the occupancy or use of the Premises and/or the Project is limited to Landlord’s interest in the Building, and if Landlord is comprised of more than one entity, the liability of each entity comprising Landlord shall be several only (not joint) based upon such entity’s proportionate share of ownership in the Building. (3) No liability under this Lease is assumed by Landlord’s Affiliates. (4) Any liability of Landlord to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under this Lease or any matter relating to the occupancy or use of the Premises and/or the Project Building shall be limited to Tenant’s actual direct, but not consequential, damages therefortherefore.

Landlord’s Default and Remedies. (a) Landlord will be in “"Default” " of this Lease if Landlord fails to perform any Lease obligation of Landlord and this failure continues for thirty (30) 20 days after Tenant notifies Landlord of such failure, or such longer period of time as is reasonable if more than thirty (30) 20 days is reasonably required to perform this obligation, obligation if performance commences within said thirtythis 20-day period and is diligently prosecuted to completion. (b) If Landlord is in Default, then Tenant may exercise any remedy available under law that is not waived or limited under this Lease, subject to the following: (1) Tenant may not terminate this Lease due to any Landlord Default until Tenant notifies each Encumbrance holder and each Encumbrance holder is provided a reasonable opportunity to gain legal possession of the Project and, after gaining possession, cure the Default. (2) Landlord’s liability under this Lease or for any matter relating to the occupancy or use of the Premises and/or the Project is limited to Landlord’s interest in the Building, and if Landlord is comprised of more than one entity, the liability of each entity comprising Landlord shall be several only (not joint) based upon such entity’s proportionate share of ownership in the Building. (3) No 's liability under this Lease is assumed by limited to Landlord’s Affiliates. (4) 's interest in the Building. Any liability of Landlord to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under this the Lease or any matter relating to the occupancy or use of the Premises and/or the Project Building shall be limited to Tenant’s 's actual direct, but not consequential, damages therefortherefore. (3) No liability under this Lease is assumed by Landlord's Affiliates.

Landlord’s Default and Remedies. (a) Landlord will be in “Default” default of this Lease if Landlord fails to perform any Lease obligation of Landlord and this failure continues for thirty (30) days after Tenant notifies Landlord of such failure, or such longer period of time as is reasonable not exceeding ninety (90) additional days if more than thirty (30) days is reasonably required to perform this obligation, if obligation so long as performance commences within said thirty-day period ten (10) days after Tenant notifies Landlord of this failure and is diligently prosecuted to completion; provided, however, in an emergency involving a serious risk of injury to persons or damage to property, Landlord will perform this obligation in a reasonable time of less than thirty (30) days. (b) If Landlord is in Defaultcommits a default, then Tenant may exercise any remedy available under law that is not waived or limited under this Lease, subject to the following: (1) Tenant may not terminate this Lease due to any Landlord Default until Tenant notifies each Encumbrance holder and each Encumbrance holder is provided a reasonable opportunity to gain legal possession of the Project and, after gaining possession, cure the Defaultdefault. (2) Landlord’s liability under this Lease or for any matter relating to the occupancy or use of the Premises and/or the Project is limited to Landlord’s interest in the Building, and if Building (including any sales proceeds received by Landlord is comprised of more than one entity, the liability of each entity comprising Landlord shall be several only (not joint) based upon such entity’s proportionate share of ownership in connection with the Building). (3) No liability under this Lease is assumed by Landlord’s Affiliates. (4) Any liability of Landlord to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under this Lease or any matter relating to the occupancy or use of the Premises and/or the Project shall be limited to Tenant’s actual direct, but not consequential, damages therefor. (5) Tenant hereby waives any statutory lien created or granted pursuant to Section 91.004 of the Texas Property Code. (6) IN NO EVENT SHALL LANDLORD OR ANY OF LANDLORD’S AFFILIATES BE LIABLE TO TENANT FOR ANY LOST PROFIT, DAMAGE TO OR LOSS OF BUSINESS OR ANY FORM OF SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGE, EVEN IF SUCH LOSS OR DAMAGE IS CAUSED BY LANDLORD’S, OR A LANDLORD’S AFFILIATE’S, NEGLIGENCE.

Landlord’s Default and Remedies. (a) If Landlord will fails to perform any of its obligations under the Lease, Tenant may give written notice to Landlord. Landlord shall be in “Default” default of this Lease if Landlord receives written notice of any failure to perform and Landlord fails to perform any Lease obligation of Landlord and this failure continues for cure such non-performance within thirty (30) days after Tenant notifies Landlord receipt of Tenant’s notice. However, if such failure, or such longer period of time as is reasonable if non-performance reasonably requires more than thirty (30) days to cure, Landlord shall not be in default if such cure is reasonably required to perform this obligation, if performance commences commenced within said thirty-such thirty (30) day period and is thereafter diligently prosecuted pursues such non-performance to completion. (b) . If Landlord is in Defaultfails to cure a default within the time period set forth above, then Tenant may exercise will provide a notice to any remedy available under law that is not waived or limited under Mortgagee of such default pursuant to the terms and conditions of Subsection 22.2 of this Lease. In the event of a default by Landlord, Tenant, at its option, without further notice or demand and as its sole and exclusive remedies (but subject to the following: limitations set forth in Subsection 30.1 below), may: (1i) pursue the remedy of specific performance or injunction; or (ii) seek declaratory relief; or (iii) pursue an action for actual and direct damages for loss. Notwithstanding anything herein to the contrary, Landlord shall not be subject to consequential or special damages, such as damages resulting from loss of business or revenue. Nothing herein contained shall relieve Landlord from its obligations hereunder, nor shall this Section be construed to obligate Tenant may not terminate this Lease due to any Landlord Default until Tenant notifies each Encumbrance holder and each Encumbrance holder is provided a reasonable opportunity to gain legal possession of the Project and, after gaining possession, cure the Default. (2) perform Landlord’s liability under this Lease or for any matter relating to the occupancy or use of the Premises and/or the Project is limited to Landlord’s interest in the Building, and if Landlord is comprised of more than one entity, the liability of each entity comprising Landlord shall be several only (not joint) based upon such entity’s proportionate share of ownership in the Buildingrepair obligations. (3) No liability under this Lease is assumed by Landlord’s Affiliates. (4) Any liability of Landlord to Tenant (or any person or entity claiming by, through or under Tenant) for any default by Landlord under this Lease or any matter relating to the occupancy or use of the Premises and/or the Project shall be limited to Tenant’s actual direct, but not consequential, damages therefor.