Landlord’s Defaults Clause Samples
The 'Landlord’s Defaults' clause defines the circumstances under which a landlord is considered to be in breach of their obligations under a lease agreement. Typically, this clause outlines specific actions or failures—such as not maintaining the property, failing to provide essential services, or violating other lease terms—that would constitute a default. It may also describe the process for notifying the landlord of the default and any opportunity the landlord has to remedy the issue. The core function of this clause is to protect tenants by clearly identifying landlord responsibilities and establishing remedies if those responsibilities are not met.
Landlord’s Defaults. Landlord shall be in default of this Lease if Landlord fails to perform any duty or obligation imposed upon it by this Lease and the default continues for a period of thirty (30) days after written notice is given to Landlord by Tenant, or for an unreasonable period of time if thirty (30) days is not sufficient time to repair, remedy or correct such default. Landlord agrees that if it shall at any time fail to perform any of the obligations of it as required in Section 3 of this Lease for a period of thirty (30) days following written notice from Tenant of the failure to provide such service (or in the event a cure of the specified default reasonably takes longer than thirty (30) days to cure, then for such longer period as is reasonably necessary to effectuate such cure), then Tenant may, but shall not be obligated to, without waiving, or releasing Landlord from any obligation under this Lease, make such payment or perform such other act to the extent Tenant reasonably may deem desirable. All sums so paid by Tenant and all expenses in connection therewith, together with interest thereon at the rate of ten percent (10%) per annum from the date of payment shall be paid from Landlord to Tenant within thirty (30) days from Tenant invoicing Landlord for the same. In the alternative, at Landlord's option, Landlord may provide to Tenant a credit against other sums owing under this Lease by a writing from Landlord to Tenant providing the same. Notwithstanding anything contained in this Lease, Tenant will not have the right to offset amounts Tenant claims are owing to it from the amount of rent owed from Tenant to Landlord hereunder or in any other manner arising from Landlord's alleged default under this Lease.
Landlord’s Defaults. Tenant hereby agrees that, if Tenant provides Landlord with any notice of default or claimed default on the part of Landlord under the Lease, Tenant shall concurrently therewith send a copy of such notice to Ground Lessor. In such event, Ground Lessor shall be permitted (but not obligated) to cure any such default within the period of time allotted thereto in the Lease. If Landlord shall fail to cure such default within the period of time allocated thereto in the Lease (or, if Landlord shall not within such time period have commenced diligent efforts to remedy a default that cannot be fully cured within such time period) then Tenant shall provide Ground Lessor with notice of such failure. Upon receipt of such notice of Landlord’s failure to cure, Ground Lessor shall be granted an additional thirty (30) days during which it shall be permitted (but not obligated) to cure such default. In the case of a default, which cannot with diligence be remedied by Ground Lessor within thirty (30) days, Ground Lessor shall have such additional period of time as may be reasonably necessary in order for Ground Lessor to remedy such default with diligence and continuity of effort, provided that Ground Lessor has commenced to cure such default within such thirty (30) day period.
Landlord’s Defaults. Upon a default by Landlord under this Lease, Tenant will have all rights and remedies available to it under the law or in equity, but specifically excluding rights of setoff or abatement as to Charter School Revenues and Rent.
Landlord’s Defaults. If Landlord fails to keep and perform any covenants and agreements herein contained, and if after written notice from Tenant specifying such default and permitting Landlord at least thirty (30) days (except in the event of an emergency or a situation affecting the tenantable condition of the Premises, in which case Landlord will be permitted a reasonable time under the circumstances) to remedy same Landlord has failed to remedy such default, then Tenant may, but shall not be obligated to, remedy such default. Landlord shall reimburse Tenant for all reasonable costs and expenses incurred by Tenant in remedying such default, and such reimbursement shall be made within thirty (30) days of Landlord's receipt of an invoice for the amount of such costs and expenses. All rights and remedies of Tenant under this Lease are cumulative and are not exclusive of any other rights and remedies provided to Tenant under applicable law.
Landlord’s Defaults. Except as otherwise specifically set forth in this Lease to the contrary, in the event of any default by Landlord under this Lease, Tenant’s sole and exclusive remedies shall be an action for actual loss and damages; and/or if permitted by applicable law, an action for specific performance and/or injunctive relief; and/or, only in connection with a monetary default of Landlord, as provided for below, the right of deduction or set-off against Rental due Landlord, Tenant hereby waiving any claim for indirect, special or consequential damages except as specifically set forth in this Lease to the contrary. Prior to any such action or remedy, Tenant will give Landlord and any holder of Landlord’s Mortgage (as hereinafter defined) written notice specifying such default with particularity (provided, however, Tenant shall only be obligated to send a notice to such holder if Tenant has previously been notified in writing of the identity and address of such holder by either Landlord or such holder). Landlord shall then have ten (10) days in which to cure any monetary default, and thirty (30) days to cure any non-monetary default. However, in the event any such non-monetary default cannot with reasonable diligence be cured within such thirty (30) day period, then Landlord shall have such additional reasonable period of time as is necessary to cure such default so long as Landlord commences such cure within such thirty (30) day period and shall diligently prosecute in good faith such cure to completion. In such event Landlord agrees to keep Tenant apprised of its diligent efforts at lease once every two weeks (unless such default involves a hazardous condition requiring immediate cure, in which cure Landlord must commence its efforts to cure such default immediately and prosecute such cure as quickly as is possible using its best diligent efforts). Unless and until Landlord fails to cure any default after such notice and during the applicable cure period, Tenant shall not have any remedy or cause of action by reason thereof, except as follows: in the event that a non-monetary default of Landlord in question poses an imminent risk or threat of damage or injury to persons or property, or results in circumstances reasonably considered to constitute an emergency, then, in any of such events, such default shall be deemed material and Tenant shall have the right, at its sole election, to immediately (or at any time thereafter) undertake such corrective and/or remedial work ...
Landlord’s Defaults. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by Landlord hereunder unless and until it has failed to perform such obligation within thirty (30) days after written notice thereof from Tenant to Landlord; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30)-day period and thereafter diligently prosecutes the same to completion.
Landlord’s Defaults. Landlord shall not be deemed to have committed a breach of any obligation to make repairs or alterations or perform any other act unless: (1) it shall have made such repairs or alterations or performed such other act negligently; or (2) it shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of which there has been failure of performance and shall have failed to make such repairs or alterations or performed such other act within a reasonable time after the receipt of such notice; and in the latter event Landlord's liability shall be limited to the cost of making such repairs or alterations or performing such other act.
Landlord’s Defaults. Landlord is not in default under the Lease and Landlord has no knowledge of the existence of any event which, with the giving of notice, the passage of time, or both, would constitute a default (or event of default) by Landlord under the Lease.
Landlord’s Defaults. If the Landlord fails to pay any liens or encumbrances affecting the property and to which this lease may be subordinate when any of the same may be due or in any other respects fails to perform any covenant or agreement in this lease contained on the part of the Landlord, to be performed, then and in such event, after the continuance of any such failure or default for thirty (30) days after notice has been given by the Tenant to the Landlord, Tenant may pay said lien or encumbrance and cure such defaults. Tenant, after such thirty (30) day period, may make all necessary payments in connection therein, including but not limited to the payment of any reasonable attorneys fees, costs and charges incurred, in connection with any legal action which may have been brought. If all such indebtedness of Landlord is not fully paid within thirty (30) days after Tenant has paid the same and Landlord has been given notice same has been paid, Tenant may elect (1) to deduct such amount from rent subsequently becoming due hereunder, or (2) extend this lease on the same covenants and conditions as herein provided until such indebtedness is fully paid by application to rents. Encumbrance shall include mortgage payments where an uncured default exists.
Landlord’s Defaults. Sublandlord shall not be liable to Subtenant for Landlord’s failure to perform any of Landlord’s obligations under the ▇▇▇▇▇▇▇▇▇, nor shall Sublandlord have any obligation to perform the same or to bring legal proceedings or take any other action against Landlord to assure performance of Landlord’s obligations under the ▇▇▇▇▇▇▇▇▇. The parties shall mutually consult in the event of such defaults of Landlord’s obligations with a view toward agreement as to the proper course of action in such circumstances.