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

Landlord’s Default and Tenant’s Remedies. In the event Landlord fails to perform its obligations under this Lease, Landlord shall nevertheless not be in default under the terms of this Lease until such time as Tenant shall have first given Landlord written notice specifying the nature of such failure to perform its obligations, and then only after Landlord shall have had thirty (30) days following its receipt of such notice within which to perform such obligations; provided that, if longer than thirty (30) days is reasonably required in order to perform such obligations, Landlord shall have such reasonably longer period provided that the Landlord is proceeding with due diligence to perform such obligations. In the event of Landlord's default as above set forth, then, and only then, Tenant may then (i) proceed in equity or at law to compel Landlord to perform its obligations and/or to recover damages proximately caused by such failure to perform (except as and to the extent Tenant has waived its right to damages as provided in this Lease) or (ii) perform such obligations on behalf of Landlord and then proceed at law to recover damages proximately caused by Landlord's failure to perform and Tenant's subsequent performance of such obligations (except as and to the extent Tenant has waived its right to damages as provided in this Lease).

Landlord’s Default and Tenant’s Remedies. In the event Landlord fails to perform any of its obligations under this Lease, Landlord shall nevertheless not be in default under the terms of this Lease until such time as Tenant shall have first given Landlord written notice specifying the nature of such failure to perform its obligations, and then only after Landlord shall have had thirty (30) days following its receipt of such notice within which to perform such obligations; provided that, or if longer such failure cannot be performed within thirty (30) days, then Landlord shall not be deemed to be in default hereunder if Landlord commences performance within a reasonable period of time after its receipt of such notice (but in no event more than thirty (30) days is reasonably required in order days) and continues thereafter to perform diligently pursue completion of performance of such obligations, Landlord shall have such reasonably longer period provided that the Landlord is proceeding with due diligence to perform such obligationsobligation. In the event of Landlord's default as above set forth, then, and only then, Tenant Tenant, in addition to its other rights and remedies, may then (i) proceed in equity or at law to compel Landlord to perform its obligations and/or to recover damages proximately caused by such failure to perform (except as and to the extent Tenant has waived its right to damages as provided in this Lease) or (ii) perform such obligations on behalf of Landlord and then proceed at law to recover damages proximately caused by Landlord's failure to perform and Tenant's subsequent performance of such obligations (except as and to the extent Tenant has waived its right to damages as provided in this Lease).

Landlord’s Default and Tenant’s Remedies. In the event Landlord fails to perform its obligations under this Lease, Landlord shall nevertheless not be in default under the terms of this Lease until such time as Tenant shall have first given Landlord written notice specifying the nature of such failure to perform its obligations, and then only after Landlord shall have had thirty (30) days following its receipt of such notice (except in the case of emergency, in which case Landlord will have a reasonable period of time to perform in light of all the circumstances) within which to perform such obligations; provided that, if longer than thirty (30) days is reasonably required in order to perform such obligations, Landlord shall have such reasonably longer period provided that the Landlord is proceeding with due diligence to perform such obligationsperiod. In the event of Landlord's default as above set forth, then, and only then, Tenant may then (i) proceed in equity or at law to compel Landlord to perform its obligations and/or to recover damages proximately caused by such failure to perform (except as and to the extent Tenant has waived its right to damages as provided in this Lease) or (ii) perform such obligations on behalf of Landlord and then proceed at law to recover damages proximately caused by Landlord's failure to perform and Tenant's subsequent performance of such obligations (except as and to the extent Tenant has waived its right to damages as provided in this Lease).

Landlord’s Default and Tenant’s Remedies. In the event Landlord fails to perform its obligations under this Lease, Landlord shall nevertheless not be in default under the terms of this Lease until such time as Tenant shall have first given Landlord written notice specifying the nature of such failure to perform its obligations, and then only after Landlord shall have had thirty (30) days following its receipt of such notice within which to perform such obligations; provided that, if longer than thirty (30) days is reasonably required in order to perform such obligationsobligations and Landlord has reasonably commenced said performance within said thirty (30) day period, Landlord shall have such reasonably longer period provided that period. Notwithstanding the foregoing, Landlord agrees to act with reasonable diligence in making repairs it is proceeding with due diligence required to perform such obligationsmake to the Building or otherwise in performing its obligations hereunder. In the event of Landlord's default as above set forth, then, and only then, Tenant may then (i) proceed in equity or at law to compel Landlord to perform its obligations and/or to recover damages proximately caused by such failure to perform (except as and to the extent Tenant has waived its right to damages as provided in this Lease) or (ii) perform such obligations on behalf of Landlord and then proceed at law to recover damages proximately caused by Landlord's failure to perform and Tenant's subsequent performance of such obligations (except as and to the extent Tenant has waived its right to damages as provided in this Lease).