Lessee Remedies. If Lessor fails to perform any of its material obligations under this Facility Lease during the Lease Term, and such default continues unremedied for a period of ninety (90) days after written notice thereof by Lessee, provided, however, that such ninety (90) day period shall be extended for an additional ninety (90) days so long as such default is remediable and Lessor is diligently pursuing such remedy, then Lessee may, upon written notice to Lessor, declare this Facility Lease to be in default, and at any time, subject to Section 17.3 and the other terms of this Facility Lease, Lessee shall have all remedies available to it at law or in equity.
Lessee Remedies. Upon the occurrence and during the continuance of a Lessor Event of Default, with or without notice or demand, except such notice as may be required by statute and cannot be waived by Lessor and such notice as is specifically required by the terms of this Lease (all other notices being hereby waived), this Lease shall remain in full force and effect, Lessee shall be entitled to remain in possession of the Leased Property hereunder and shall remain obligated and liable for Lessee’s obligations hereunder (subject to Lessee’s offset rights set forth below), and Lessee shall have and may exercise the following remedies, concurrently, successively, or in any combination, Lessee hereby waiving all other rights and remedies to which Lessee may be entitled at law or in equity:
Lessee Remedies. Subject to Section 15.3(b), and notwithstanding any provision to the contrary contained herein, if Lessor shall (i) fail to perform or breach any of its material obligations under Articles 2 through 5 prior to the Commercial Operation Date, Lessee’s sole and exclusive remedies shall be those set forth in Section 2.4 and, to the maximum extent permitted by law, Lessee expressly waives any other rights available to it at law or in equity; and (ii) fail to perform or breach any of its other material obligations under this Facility Lease prior to the Commercial Operation Date, and such default continues unremedied for a period of 90 days after written notice thereof by Lessee, provided, however, that such 90-day period shall be extended for an additional 90 days so long as such default is remediable and Lessor is diligently pursuing such remedy, then Lessee may, upon written notice to Lessor, declare this Facility Lease to be in default, and at any time, subject to Section 15.3 and the other terms of this Facility Lease, Lessee shall have all remedies available to it at law or in equity.
Lessee Remedies. If an Event of a Lessor Default occurs, while Lessor remains in default, Lessee may, in addition to any other remedy available at law or equity, terminate the applicable SA upon 10 days prior written notice (or such longer period as may be required by applicable law), in which event Lessee will surrender the applicable Premises to Lessor.
Lessee Remedies. Lessee's remedies with respect to Hazardous Substance Conditions not caused or materially contributed to by Lessee are limited to those set forth in this Paragraph 56.
Lessee Remedies. Upon a Town Event of Default, Lessee may exercise any one or more of the following remedies:
(a) terminate this Agreement; and
(b) subject to the express limitations set forth in this Agreement, Lessee shall have all rights and remedies available to it at law or in equity with respect to a Town Event of Default.
Lessee Remedies. Lessee acknowledges and agrees that in the event of a Lessor Breach, Lessee’s sole and exclusive remedies shall be as follows:
(i) To seek monetary damages, provided that under no circumstances shall Lessor be liable for loss of business profits or consequential damages.
(ii) To seek specific performance of Lessor’s obligation under this Lease to provide public utilities to the Premises and to provide access to the Building and Premises.
(iii) To seek injunctive relief solely against Lessor’s continuance of an existing default.
(iv) If Lessor fails to repair or maintain the Premises as required by this Lease, the failure of which materially interferes with the conduct of Lessee’s normal business activities (“Maintenance Item”), Lessee may repair such Maintenance Items; provided however, that: (A) Lessee shall have notified Lessor of the repairs and Lessor shall have refused or neglected to commence such repairs; (B) after such Breach by Lessor and Subparagraph (A) notice, Lessee shall have provided a second notice that Lessee intends to perform such repairs (provided that such second notice shall not be required if the Subparagraph (A) notice specified that the cost to repair such Maintenance Item will not exceed $10,000); (C) such repairs shall be performed by qualified, licensed persons and Lessee shall ensure satisfactory, lien free completion of such repairs; and (D) and Lessee indemnifies, defends, protects and holds harmless Lessor and other Project tenants from and against any damage, injury, loss or claim arising in connection with the performance of such repairs. If Lessor is determined to have been in Breach for the failure to make such repairs, Lessor shall reimburse Lessee for the reasonable cost thereof plus interest thereon at the Interest Rate. Without limitation, Lessee expressly waives all remedies except those specifically set forth in the Lease and as limited above, including without limitation: specific performance, offset. any right to terminate the Lease for any reason whatsoever (including without limitation California Civil Code Sections 1932(2), 1933(4) and 1941 or any other current or future law), statutory, legal or equitable self help remedy (including without limitation California Civil Code Section 1942 or any other current or future law), and Lessee waives any right of offset, demand or deduction against Rent pursuant to California Code of Civil Procedure Section 431.70 or otherwise.
Lessee Remedies. Upon the occurrence of such Event of Default, and in addition to any other remedies LESSEE may be entitled to at law or in equity, LESSEE shall have the option to pursue one or more of the following remedies without any further notice or demand:
(a. Terminate this Lease and immediately retake possession of the Improvements.
Lessee Remedies. The Stadium Owner acknowledges that its covenant to have the Stadium available for Beneficial Occupancy no later than the Beneficial Occupancy Date is of great importance to Lessee and that in the event the Stadium is not available for Beneficial Occupancy by the Beneficial Occupancy Date, Lessee will suffer damages, the actual amount of which would be impractical or extremely difficult to determine, that the liquidated damages amount set forth below is a reasonable pre-estimate of what Lessee’s monetary damages would be in the event the Stadium is not available for Beneficial Occupancy by the Beneficial Occupancy Date and the Parties mutually intend that the Lessee receive liquidated damages rather than penalties to compensate Lessee if the Stadium is not available for Beneficial Occupancy by the Beneficial Occupancy Date. Therefore, in the event the Stadium is not available for Beneficial Occupancy by the Beneficial Occupancy Date, then Lessee will have the following available remedies: The Stadium Owner shall ensure that any general contractor of the Stadium contractually agrees to pay to Lessee liquidated damages for each day after the Beneficial Occupancy Date on which the Stadium is not available for Beneficial Occupancy the amount of Two Thousand ($2,000.00) Dollars per calendar day or to provide, at other than Lessee’s expense, an alternative and temporary location suitable and acceptable to Lessee until Beneficial Occupancy is obtained. The parties hereby acknowledge and agree that failure of Stadium Owner to meet its obligations under Section 3(e) of this Agreement would result in significant financial and other harm to the Lessee and that such harm would be difficult to calculate with precision. The parties thus acknowledge and agree that the amounts provided for in this Section 3(h) as remedies in the case of a violation of Section 3(e) of this Agreement amount to liquidated damages, and not a penalty, and such amounts are a reasonable estimate of damages that would occur in the event of such breach.
Lessee Remedies. Upon the occurrence of any event of default by Lessor, in addition to other remedies available under law or equity, Lessee shall have the option to (i) cure such default and invoice Lessor the reasonable cost incurred by Lessee in so doing, and offset such invoiced amount from the Rent hereunder if Lessor fails to pay such amount within thirty (30) days after the date of such invoice; and/or (ii) seek an order from a court for specific performance to cure such default, and the reasonable cost incurred by Lessee shall be invoiced to Lessor, and shall be offset against the Rent hereunder if not paid within thirty (30) days after the date of such invoice
