Landlord’s Failure to Perform. If Landlord fails to perform any of its obligations hereunder, Landlord shall not be in default and Tenant shall not have any rights or remedies growing out of such failure unless Tenant gives Landlord written notice setting forth in reasonable detail the nature and extent of such failure and such failure is not cured within thirty (30) days following Landlord’s receipt of such notice or such longer period as may otherwise be provided herein. If such failure cannot reasonably be cured within thirty (30) days, the length for curing shall be extended as reasonably required. In no event shall Tenant’s remedies for an alleged or actual failure of Landlord to perform its obligations under this Lease include the termination of this Lease.
Landlord’s Failure to Perform. If Landlord fails to perform any of its obligations under this Lease, Landlord shall not be in default hereunder and Tenant shall not have any rights or remedies growing out of such failure unless Tenant gives Landlord written notice thereof setting forth in reasonable detail the nature and extent of such failure and such failure by Landlord is not cured within the thirty (30) day period following delivery of such notice or such longer period therefore provided elsewhere in this Lease. If such failure cannot reasonably be cured within such thirty (30) day period, the length of such period shall be extended for the period reasonably required therefore, if Landlord commences curing such failure within such thirty (30) day period and continues the curing thereof with reasonable diligence and continuity.
Landlord’s Failure to Perform. If Landlord fails to perform any of its obligations hereunder, Landlord shall not be in default and Tenant shall not have any rights or remedies growing out of such failure unless Tenant gives Landlord written notice setting forth in reasonable detail the nature and extent of such failure and such failure is not cured within thirty (30) days following Landlord’s receipt of such notice or such longer period as may otherwise be provided herein. If such failure cannot reasonably be cured within thirty (30) days, the length for curing shall be extended as reasonably required. In no event shall Tenant’s remedies for an alleged or actual failure of Landlord to perform its obligations under this Lease include the termination of this Lease except in the case of a constructive eviction.
Landlord’s Failure to Perform. If LANDLORD fails to perform any of its obligations under this Lease, LANDLORD shall not be in default hereunder and TENANT shall not have any rights or remedies growing out of such failure unless TENANT gives LANDLORD written notice thereof setting forth in reasonable detail the nature and extent of such failure and such failure by LANDLORD is not cured within the thirty (30) day period following delivery of such notice, or if the nature of LANDLORD’s default is such that more time is reasonably required in order to cure, such period shall be extended for the period reasonably required therefor if LANDLORD commences curing such failure within such thirty (30) day period and continues the curing thereof with reasonable diligence until completion.
Landlord’s Failure to Perform. In the event Landlord fails to commence the repair of the Premises as required by Section 9.2 above ("Landlord Repair Obligations") and such failure to commence such repair(s) continues at the end of thirty (30) days following Landlord's receipt of written notice from Tenant stating with particularity the nature of such failure, Tenant shall simultaneously give Landlord and Landlord's mortgagee (provided Tenant has been provided written notice of the address of such mortgagee) written notice specifying such default and containing the following phrase (or substantially similar to the following phrase) on page 1 of the notice in all capital letters and boldface type (or it shall not be deemed validly given to Landlord) "YOUR FAILURE TO COMMENCE THE CURE OF LANDLORD'S REPAIR OBLIGATIONS SET FORTH IN THIS NOTICE WITHIN TEN (10) BUSINESS DAYS SHALL ENTITLE THE UNDERSIGNED TO CURE SUCH DEFAULT AT LANDLORD'S EXPENSE WITHOUT FURTHER NOTICE". Landlord shall thereupon have ten (10) business days in which to commence to cure the applicable Landlord Repair Obligation. In addition, Landlord's mortgagee shall have the right (but not the obligation) to cure or remedy Landlord's Repair Obligations upon the terms and conditions of any SNDA (as defined in Section 17.2 below) entered into by and between Tenant and any such lender, and if no such SNDA exists, then upon the terms and conditions described in Section 18.15. In the event Landlord fails to commence to cure the applicable Landlord Repair Obligation within said ten (10) business day period and Tenant undertakes a Landlord Repair Obligation, Tenant shall use a qualified, licensed and bondable contractor which normally and regularly performs similar work on concrete tilt-up industrial buildings. If Tenant thereafter delivers to Landlord an invoice by Tenant of its costs of taking action which Tenant claims should have been taken by Landlord (the "Tenant Invoice"), and if such Tenant Invoice sets forth a reasonably particularized breakdown of its costs and expenses in connection with undertaking such Landlord Repair Obligation, then Tenant shall be entitled to offset against Base Rent the amount set forth in such Tenant Invoice following delivery of the additional written notice described below; provided, however, the amount of offset during any single month shall not exceed the greater of (A) fifteen percent (15%) of the total Base Rent payable by Tenant to Landlord for each applicable month or (B) the amount necessar...
Landlord’s Failure to Perform. If Landlord fails to perform any of its obligations hereunder, Landlord shall not be in default and Tenant shall not have any rights or remedies growing out of such failure unless Tenant gives Landlord written notice setting forth in reasonable detail the nature and extent of such failure and such failure is not cured within thirty (30) days following Landlord’s receipt of such notice or such longer period as may otherwise be provided herein. If such failure cannot reasonably be cured within thirty (30) days, the length for curing shall be extended as reasonably required. Tenant hereby acknowledges and agrees that Tenant’s remedies for Landlord’s default under this Lease and for breach of any promise or inducement are limited to a suit for damages or injunction or both. In no event shall Tenant’s remedies for an alleged or actual failure of Landlord to perform its obligations under this Lease include the termination of this Lease.
Landlord’s Failure to Perform. If Landlord fails to perform any of its oblig.1tions hereunder, Landlord shall not be in default andTenant shall not have any rights or remedies growing out of such failure unlessTemml gives Landlord written notice selling forth in reasonable detail the nature and extent of such failure and such failure is not cured within thirty (30) duys following Landlord's receipt of such notice or such longer period as may otherwise be provided herein. If such failure cannot reasonably be cured within thirty (30) days, the length for curing shall be extended as reasonably required. In the event that Landlord fails to cure any such default within the time periods prescribed by this Lease,Tenant shall be entitled to enforce all remedies available at law or in equity, excluding consequential, punitive or speculative damages; provided, however, in no event shall Tenant's remedies for a failure of Landlord to perform its obligations under this Lease include the termination of this Lease unless (i) following the expiration of the aforementioned notice and cure period,Tenant gives Landlord a second (2nd) written notice referencing this Section and setting forth in reasonable detail the nature and extent of such failure, (ii) such failure is not cured within thirty (30) days following Landlord's receipt of such second (2"") written notice, and (iii) such failure of Landlord to perform its obligations under this Lease renders the Premises wholly untenantable for a period of more than thirty (30) consecutive days, casualty, condemnation, and Force Majeure Events excepted.
Landlord’s Failure to Perform. Landlord will be in default under this Lease if Landlord fails to perform or observe any material obligation under this Lease within thirty (30) days after receipt of written notice from Tenant to Landlord of which Tenant has been given notice setting forth with specificity the nature and extent of the failure referencing pertinent Lease provisions; provided, however, that if more than thirty (30) days is required to cure the failure, then Landlord shall not be in default if Landlord begins curing such failure within the thirty (30) day period and thereafter prosecutes the cure to completion.
Landlord’s Failure to Perform. Except as otherwise ----------------------------- provided in Article 7, Landlord's failure to perform any of its obligations under this Lease shall constitute a default by Landlord under this Lease if the failure continues for thirty (30) days after written notice of the failure from Tenant to Landlord. If the required performance cannot be completed within thirty (30) days, Landlord's failure to perform shall constitute a default under this Lease unless Landlord undertakes to cure the failure within thirty (30) days and diligently and continuously attempts to complete this cure as soon as reasonably possible, but in all events within ninety (90) days following Tenant's notice. In the event that Landlord fails to cure any default as provided in Article 7 and this section, Tenant shall have the right to seek and exercise all remedies and rights available at law and equity, including Tenant's self-help rights set forth in Article 7.
Landlord’s Failure to Perform. If Landlord fails to perform any of its obligations under this Lease, Landlord shall not be in default hereunder and Tenant shall not have any rights or remedies as a result of such failure unless and until Tenant gives Landlord written notice thereof setting forth in reasonable detail the nature and extent of such failure and such failure by Landlord is not cured within the thirty (30) day period following Landlord’s receipt of such notice or such longer period therefor provided elsewhere in this Lease. If such failure cannot reasonably be cured within such thirty (30) day period, the cure period shall be extended for the number of days reasonably required to effect such cure so long as Landlord commences curing such failure within such thirty (30) day period and continues the curing thereof with reasonable diligence and continuity.
