Common use of Landlord’s Defaults Clause in Contracts

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 afforded Landlord, as recited above, with respect to such alleged default), then Landlord shall have the right to institute an arbitration proceeding in accordance with the provisions of EXHIBIT "F" hereto within ten (10) days after the effective date of such dispute notice, in such case, Tenant shall not exercise the foregoing "self-help" rights (except in an emergency), nor shall Landlord be liable for any expenses incurred by Tenant in connection therewith, nor shall Tenant make any offset against Base Rental, until (in each case) such time as all such arbitration proceedings are completed. All reasonable attorneys' fees and arbitration costs in any such proceeding which are incurred by the prevailing party shall be paid by the other party. If the holder of a properly recorded first mortgage or deed to secure debt has notified Tenant, in writing, that it is the holder of such lien on the Premises and shall so request, then Tenant shall provide such holder with a duplicate copy of any notice sent to Landlord covering a default hereunder and such holder shall be granted sixty (60) days after receipt thereof (as such time period may be extended beyond such 60-day period as reasonably necessary to correct or remedy such default, so long as such holder commences such corrective action within such 60-day period and thereafter diligently pursues the same to completion), to correct or remedy such default (provided, however, that such holder shall provide written notice to Tenant on or before the thirty-first (31st) day after receipt of Tenant's notice of default as to whether such holder intends to cure said default).

Landlord’s Defaults. Notwithstanding any other provision 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 contrary, in the event default continues for a period 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 after written notice is given to cure any 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; provided, however, . 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 any a cure of the specified default reasonably takes longer than thirty (30) days to cure, then for such default cannot with reasonable diligence be cured within such thirty-day period, Landlord shall have such additional reasonable longer period of time as is reasonably necessary to cure effectuate 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 periodcure), 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 give an additional notice to Landlord deem desirable. All sums so paid by Tenant 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 expenses in connection therewith. Landlord shall pay Tenant the reasonable amount actually incurred by Tenant, together with interest thereon at the Default Rate rate of ten percent (10%) per annum from the date of payment until re-payment, shall be paid from Landlord to Tenant 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 invoicing 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 same. In the then current term of this Lease. Notwithstanding the foregoingalternative, in the event at Landlord's option, Landlord notifies may provide to Tenant that Landlord disputes Tenant's allegation of a Landlord default credit against other sums owing under this Lease (such notice by a writing from Landlord to be given prior to Tenant providing the expiration of the cure period afforded Landlordsame. Notwithstanding anything contained in this Lease, as recited above, with respect to such alleged default), then Landlord shall Tenant will not have the right to institute an arbitration proceeding in accordance with offset amounts Tenant claims are owing to it from the provisions amount of EXHIBIT "F" hereto within ten (10) days after the effective date of such dispute notice, in such case, rent owed from Tenant shall not exercise the foregoing "self-help" rights (except in an emergency), nor shall to Landlord be liable for any expenses incurred by Tenant in connection therewith, nor shall Tenant make any offset against Base Rental, until (in each case) such time as all such arbitration proceedings are completed. All reasonable attorneys' fees and arbitration costs hereunder or in any such proceeding which are incurred by the prevailing party shall be paid by the other party. If the holder of a properly recorded first mortgage or deed to secure debt has notified Tenant, in writing, that it is the holder of such lien on the Premises and shall so request, then Tenant shall provide such holder with a duplicate copy of any notice sent to Landlord covering a manner arising from Landlord's alleged default hereunder and such holder shall be granted sixty (60) days after receipt thereof (as such time period may be extended beyond such 60-day period as reasonably necessary to correct or remedy such default, so long as such holder commences such corrective action within such 60-day period and thereafter diligently pursues the same to completion), to correct or remedy such default (provided, however, that such holder shall provide written notice to Tenant on or before the thirty-first (31st) day after receipt of Tenant's notice of default as to whether such holder intends to cure said default)under this Lease.

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 a period of thirty (30) days in from the date of written notice from Tenant within which to cure any such defaultdefault under this Lease; provided, however, in the event that with respect to any such default that cannot with reasonable diligence reasonably be cured within such thirty-day periodthirty (30) days, the default shall not be deemed to be uncured if Landlord shall have such additional reasonable period of time as is necessary commences 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 from Tenant’s notice from and continues to prosecute diligently the curing thereof. Tenant agrees to give any Mortgagee, by Registered Mail, a copy of any notice of default served upon the Landlord, provided that prior to such cost notice Tenant has been incurred together with supporting invoices evidencing notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the amount address of such costMortgagee. If Tenant further agrees that if Landlord fails shall have failed to pay cure such default within the amount requested by time provided for in this Lease, then the Mortgagee shall have an additional thirty (30) days (provided that Tenant within such notifies Mortgagee concurrently with Tenant’s notice to Landlord at the beginning of Landlord’s thirty (30) day period; otherwise Mortgagee shall have sixty (60) days from the date on which it is noticed) within which to cure such default or if such default cannot be cured within that time, then Tenant such additional time as may withhold up be necessary to twenty-five percent cure such default shall be granted if within such applicable period Mortgagee has commenced pursuing the remedies necessary to cure such default (25%including commencement of foreclosure proceedings, if necessary to effect such cure) of each payment of Base Rental and thereafter due diligently and in good faith pursues such remedies to Landlord to satisfy the payment of completion (in which event this Lease shall not be terminated while such indebtedness (with such offset to be applied first to accrued and unpaid interestremedies are being so diligently pursued); provided, however, that Tenant if such default causes a material interference with Tenant’s use of and enjoyment of the Premises, such additional time for Mortgagee shall be entitled limited to increase such withholding up to one hundred percent an additional thirty (100%30) 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 afforded Landlord, as recited above, with respect to such alleged default), then Landlord shall have the right to institute an arbitration proceeding in accordance with the provisions of EXHIBIT "F" hereto within ten (10) days after the effective date of such dispute notice, in such case, Tenant shall not exercise the foregoing "self-help" rights (except in an emergency), nor shall Landlord be liable for any expenses incurred by Tenant in connection therewith, nor shall Tenant make any offset against Base Rental, until (in each case) such time as all such arbitration proceedings are completed. All reasonable attorneys' fees and arbitration costs in any such proceeding which are incurred by the prevailing party shall be paid by the other party. If the holder of a properly recorded first mortgage or deed to secure debt has notified Tenant, in writing, that it is the holder of such lien on the Premises and shall so request, then Tenant shall provide such holder with a duplicate copy of any notice sent to Landlord covering a default hereunder and such holder shall be granted sixty (60) days after receipt thereof (as such time period may be extended beyond such 60-day period as reasonably necessary to correct or remedy such default, so long as such holder commences such corrective action within such 60-day period and thereafter diligently pursues the same to completion), to correct or remedy such default (provided, however, that such holder shall provide written notice to Tenant on or before the thirty-first (31st) day after receipt of Tenant's notice of default as to whether such holder intends to cure said default)days.

Landlord’s Defaults. Notwithstanding anything to the contrary in this Lease, before exercising any right to terminate this Lease because of Landlord's or a Landlord Party's default (including any such termination right expressly provided for, or implied, under applicable law) or to claim a partial or total eviction (actual or constructive) because of Landlord's or a Landlord Party's alleged default, or to exercise any other provision rights or remedies against Landlord including, without limitation, enforcement of this Lease the provisions of SECTION 8.3, Tenant shall give Landlord Notice of such alleged default. Landlord shall then have 30 days to the contrarycure such alleged default. If Landlord cannot reasonably cure an alleged default within 30 days, in the event of any such cure period shall be extended for such further period as Landlord shall reasonably require (except that, with respect to an alleged 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 periodprovisions of SECTION 8.3, Landlord shall have no right to further extend such additional reasonable cure period), provided that during such extended period of time as is necessary Landlord shall endeavor to cure such alleged default so long as Landlord commences such cure within such thirty-day period diligently and shall diligently prosecute in good faith such cure with reasonable continuity. In the event that Tenant fails or refuses to completion. Unless enforce its rights and until Landlord fails remedies hereunder (including, without limitation, its right to so cure any default after such noticeenforce Landlord's 52 Additional Covenants) then, 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 without 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 a Leasehold Mortgagee may enforce such rights and remedies, which may include actions at the Default Rate from the date of payment until re-paymentlaw or in equity, 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 afforded Landlord, as recited above, with respect to such alleged default), then Landlord shall have the right to institute specific performance and injunctive relief. Tenant hereby appoints each Leasehold Mortgagee as Tenant's attorney-in-fact, coupled with an arbitration proceeding in accordance with the provisions of EXHIBIT "F" hereto within ten (10) days after the effective date of interest, to enforce such dispute notice, in such case, Tenant rights and remedies. This paragraph shall not exercise the foregoing "self-help" rights (except in an emergency), nor shall apply to any Landlord be liable default for any expenses incurred by Tenant in connection therewith, nor shall Tenant make any offset against Base Rental, until (in each case) such time as all such arbitration proceedings are completed. All reasonable attorneys' fees which this Lease establishes specific requirements regarding Notice and arbitration costs in any such proceeding which are incurred by the prevailing party shall be paid by the other party. If the holder of a properly recorded first mortgage or deed opportunity to secure debt has notified Tenant, in writing, that it is the holder of such lien on the Premises and shall so request, then Tenant shall provide such holder with a duplicate copy of any notice sent to Landlord covering a default hereunder and such holder shall be granted sixty (60) days after receipt thereof (as such time period may be extended beyond such 60-day period as reasonably necessary to correct or remedy such default, so long as such holder commences such corrective action within such 60-day period and thereafter diligently pursues the same to completion), to correct or remedy such default (provided, however, that such holder shall provide written notice to Tenant on or before the thirty-first (31st) day after receipt of Tenant's notice of default as to whether such holder intends to cure said default)cure.

Landlord’s Defaults. Notwithstanding any other provision of 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 particularityparticularity (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 thirty ten (3010) days in which to cure any such monetary default; provided, howeverand 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-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-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 so cure any default after such noticenotice and during the applicable cure period, Tenant shall not have any remedy or cause of action by reason thereof. If , except as follows: in the event that a non-monetary default of Landlord fails in question poses an imminent risk or threat of damage or injury to cure persons or property, or results in circumstances reasonably considered to constitute an emergency, then, in any of such events, such default prior 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 as is reasonably necessary to xxxxx the expiration circumstances of the emergency in question or eliminate the risk or threat of injury or harm to persons or property. In such cure periodevent, then Landlord agrees to reimburse Tenant may give an additional notice to Landlord for all reasonably necessary costs and upon the expiration of ten (10) days after such second notice without such default having been cured, expenses incurred by 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 Tenantwith such remedial or corrective work, together with interest thereon at the Default Rate from the date of payment until re-payment, such reimbursement to be made within thirty (30) days after notice receipt of an invoice therefor from Tenant Tenant. In the event that such cost has been incurred together with supporting invoices evidencing the amount of such cost. If reimbursement, or any other sum due or owing by Landlord fails to pay the amount requested by Tenant under this Lease, is not paid within such thirty (30) day perioddays after the due date for such payment, then such amount shall bear interest at a rate equal to the Reference Rate plus two percent (2%), and, in addition to any and all other remedies which Tenant may withhold up have or pursue under this Lease and/or Georgia law, Tenant shall have the right, at its sole election either to twenty-five percent (25%) of each payment of Base Rental pay its Rentals thereafter due in an aggregate amount equal to the amount claimed to be due by Landlord to Tenant into an escrow with an independent third-party or into the registry of a court, or to off-set the amount claimed to be due from Landlord to Tenant against the Rentals owed by Tenant to Landlord hereunder until such amount has been credited in full. Tenant agrees to satisfy accept the payment cure by any holder 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%) a Landlord’s Mortgage of any and all of Landlord’s defaults hereunder should any such payments of Base Rental holder elect, in its sole discretion, to Landlord at such time that undertake the unpaid and unapplied amount cure of such indebtedness (including accrueddefaults, 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 but Tenant acknowledges 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 afforded Landlord, as recited above, with respect to such alleged default), then Landlord shall have the right to institute an arbitration proceeding in accordance with the provisions of EXHIBIT "F" hereto within ten (10) days after the effective date of such dispute notice, in such case, Tenant shall not exercise the foregoing "self-help" rights (except in an emergency), nor shall Landlord be liable for any expenses incurred by Tenant in connection therewith, nor shall Tenant make any offset against Base Rental, until (in each case) such time as all such arbitration proceedings are completed. All reasonable attorneys' fees and arbitration costs in any such proceeding which are incurred by the prevailing party shall be paid by the other party. If the holder of a properly recorded first mortgage or deed to secure debt has notified Tenant, in writing, that it is the holder of such lien on the Premises and shall so request, then Tenant shall provide no such holder with a duplicate copy of is under any notice sent obligation to Landlord covering a default hereunder and such holder shall be granted sixty (60) days after receipt thereof (as such time period may be extended beyond such 60-day period as reasonably necessary to correct or remedy such default, so long as such holder commences such corrective action within such 60-day period and thereafter diligently pursues the same to completion), to correct or remedy such default (provided, however, that such holder shall provide written notice to Tenant on or before the thirty-first (31st) day after receipt of Tenant's notice of default as to whether such holder intends to cure said default)do so.