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 17.3, 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, 3, 4 and 5 during the Construction Term, Lessee’s sole and exclusive remedies shall be those remedies, if any, expressly provided for therein, and to the maximum extent permitted by Law, Lessee expressly waives any other rights or remedies 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 during the Construction 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. 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. 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:
Lessee Remedies. If an Event of Default by Landlord occurs and is continuing, Lessee may exercise all rights and remedies it may have at law or in equity for damages and other relief.
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
Lessee Remedies. Subject to Section 15.3(b), and notwithstanding any provision to the contrary contained herein, if Lessor shall fail to perform or breach any of its obligations prior to the Commercial Operation Date, Lessee’s sole and exclusive remedies shall be those set forth in Section 2.3 and, to the maximum extent permitted by law, Lessee expressly waives any other rights available to it at law or in equity.
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. Lessee acknowledges and agrees that in the event of a Lessor Breach, Lessee’s sole and exclusive remedies shall be as follows:
