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. Notwithstanding any other provision of this Lease to the contrary, in the event of any default by Landlord under this Lease, Tenant will give Landlord written notice specifying such default with particularity, and Landlord shall then have thirty (30) days in which to cure any such default; provided, however, in the event any such default cannot with reasonable diligence be cured within such thirty-day period, 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-day period and shall diligently prosecute in good faith such cure to completion. 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. If Landlord fails to cure such default prior to the expiration of such cure period, then Tenant may give an additional notice to Landlord and upon the expiration of ten (10) days after such second notice without such default having been cured, Tenant may cure such default, all on behalf of and at the expense of Landlord, and do all necessary work and make all necessary payments in connection therewith. Landlord shall pay Tenant the reasonable amount actually incurred by Tenant, together with interest thereon at the Default Rate from the date of payment until re-payment, within thirty (30) days after notice from Tenant that such cost has been incurred together with supporting invoices evidencing the amount of such cost. If Landlord fails to pay the amount requested by Tenant within such thirty (30) day period, then Tenant may withhold up to twenty-five percent (25%) of each payment of Base Rental thereafter due to Landlord to satisfy the payment of such indebtedness (with such offset to be applied first to accrued and unpaid interest); provided, however, that Tenant shall be entitled to increase such withholding up to one hundred percent (100%) of any and all such payments of Base Rental to Landlord at such time that the unpaid and unapplied amount of such indebtedness (including accrued, unpaid interest) equals or exceeds seventy-five percent (75%) of the remaining unpaid Base Rental obligations payable for the balance of the then current term of this Lease. Notwithstanding the foregoing, in the event Landlord notifies Tenant that Landlord disputes Tenant's allegation of a Landlord default under this Lease (such notice to be given prior to the expiration of the cure period a...
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. Sublessor shall have no liability of any nature whatsoever to Sublessee for Landlord’s failure to perform or render such services and Sublessee shall not xxx or make claim against Sublessor therefor, and shall look solely to Landlord for all such services and shall not, under any circumstances, seek nor require Sublessor to perform any of such services, nor shall Sublessee make any claim upon Sublessor or xxx Sublessor for any damages which may arise by reason of Landlord’s default under the Lease, or Landlord’s negligence, whether by omission or commission. If Landlord shall default in the performance or observance of any of its agreements or obligations under the Lease, Sublessor shall have no liability therefor to Sublessee and there shall not be in any event construed to exist any corresponding obligation by Sublessor to Sublessee for any such services or other obligations under this Sublease. No such default of Landlord shall excuse Sublessee from the performance of any of its obligations to be performed under this Sublease or entitle Sublessee to terminate this Sublease or to reduce or xxxxx or offset any of the rents provided for in this Sublease. In furtherance of the foregoing, Sublessee does, to the extent permitted by law, and except for the willful acts of Sublessor, hereby waive any cause of action and any right to bring any action against Sublessor by reason of any act or omission of Landlord. The foregoing notwithstanding, Sublessor shall cooperate in all respects with Sublessee, the costs of which to be reimbursed by Sublessee as additional rent, to obtain services or the performance of Landlord’s obligations to be provided by Landlord under the Lease and take all actions necessary with respect thereto.
Landlord’s Defaults. Sublandlord shall not be liable to Subtenant for Landlord’s failure to perform any of Landlord’s obligations under the Xxxxxxxxx, 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 Xxxxxxxxx. 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.
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. 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.
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. 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.
