Landlord’s Defaults. If Landlord fails to observe or perform any covenant, agreement or obligation to be performed by Landlord under this Lease, and if such failure shall continue for more than thirty (30) days after written notice thereof from Tenant to Landlord or such shorter period as is reasonably practicable to cure the same with respect to emergency matters which Landlord shall address as promptly as is reasonably possible (each a "Landlord Default"), unless such failure requires work to be performed, acts to be done, or conditions to be removed which, by their nature, cannot reasonably be performed, done or removed, as the case may be, within such period, in which event, if Landlord shall have commenced curing or correcting the same within such period and shall diligently prosecute such cure or correction, such thirty (30) day period shall be extended by such additional time period as may be reasonably required for Landlord to cure or correct such failure and such failure will not constitute a Landlord Default hereunder unless Landlord fails to continue to diligently prosecute such cure or correction to completion, then Tenant shall have all of its remedies available at law and in equity; however, in no event shall Landlord be liable under any of the provisions of this Lease for any consequential, speculative, punitive or other indirect damages of any kind or nature. Landlord shall be liable for Tenant's reasonable attorneys' fees incurred in successfully enforcing Landlord's obligations hereunder. Tenant agrees to simultaneously give Landlord's Mortgagee a copy of any notice of a Landlord Default that Tenant serves upon Landlord. Landlord's Mortgagee shall have the right to cure a Landlord Default within the period provided to Landlord, plus the additional time provided under Section 16.3 above. In the event Tenant notifies Landlord, in writing, of a failure on the part of Landlord to observe or perform any covenant, agreement or obligation to be performed by Landlord under this Lease and such failure has resulted, in Tenant's reasonable opinion, in an emergency situation either:
(i) potentially and immediately interfering with Tenant's operation of its business from the Premises; or (ii) potentially putting Tenant's property or personnel at immediate risk of being injured, and Landlord fails to respond, analyze and propose a plan for curing such failure (including the time required to complete such cure) within one (1) business day of receiving said notice, Tenant sh...
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. 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 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. 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. Landlord shall be in default under this Lease if the Landlord fails to perform any of the terms, covenants, or conditions of this Lease within 30 days after written notice from Tenant of said failure; provided, however, that if the nature of the default is such that it cannot be reasonably cured with such 30 day period, Landlord shall not be in default if Landlord begins any performance required to cure such default within the 30 day period and thereafter diligently and uninterruptedly prosecutes such cure to completion.
