Lessee’s Remedies. Anything herein to the contrary notwithstanding, Lessee shall have all rights provided under Tex. Bus. & Comm. Code § 2A.508 through § 2A.522, including without limitation, the right to cancel a Schedule and recover damages from Lessor in the event of nonperformance of or other default by Lessor hereunder.
Lessee’s Remedies. If any Default by Lessor occurs, Xxxxxx will have the right, at Xxxxxx’s election, then or at any later time, to exercise the remedy described below. Exercise of such remedy will not prevent the concurrent or subsequent exercise of any other remedy otherwise available to Lessee at law or in equity. Lessee may, at Lessee’s option but without obligation to do so, and without releasing Lessor from any obligations under this Lease, make any payment or take any action as Lessee deems necessary or desirable to cure any Default by Lessor in such manner and to such extent as Lessee in good xxxxx xxxxx necessary or desirable, provided that, prior to making any such payment or taking any such action, Lessee notifies Lessor of Lessee’s intention to do so and affords Lessor at least 10 days in which to make such payment or take such action. Lessor will pay Lessee, upon demand, all advances, costs and expenses of Lessee in connection with making any such payment or taking any such action, together with interest at the Default Rate, from the date of payment of any such advances, costs and expenses by Xxxxxx.
Lessee’s Remedies. Whenever any event of default by Lessor shall have occurred and be continuing uncured for a period of thirty (30) days following Lessee providing Lessor with written notice of the default, it shall be lawful for Lessee to exercise any and all remedies available pursuant to law or granted pursuant to this Lease or the Facilities Lease, subject to the limitations set forth in Section 9.2 of the Facilities Lease. In the event of a default, and notwithstanding any re-entry by Xxxxxx, Lessor shall continue to remain liable for lease payments under the Facilities Lease. Xxxxxx’s remedies shall be cumulative, and the exercise of any one or more shall not prevent it from exercising any other right or remedy for Lessor’s default.
Lessee’s Remedies. In the event of any such default under or breach of the terms of this Lease by Lessor, Lessees may, at Lessees’ option, at any time thereafter that such default or breach remains uncured, after ten days prior written notice to Lessees, perform any act that Lessor is required to do or perform any act or to pay any sum to a Third Party, at Lessor’s expense (to the extent the terms of this Lease require such performance at Lessor’s expense) or pay such sum for and on behalf of Lessor, and the amounts so expended by Lessees shall be repayable on demand, and bear interest from the date expended by Lessees until paid at the Post-Maturity Rate. Lessees may, at Lessees’ option, deduct any such amounts so expended by Lessees from the Rent and any other amounts owed hereunder or under any Ancillary Agreement and any such action on the part of Lessees shall be in addition to any other remedy that may be available to Lessees for default or breach of contract, or otherwise, including the right of setoff.
Lessee’s Remedies. (a) Lessee shall have the right, at Lessee’s option at any time that a default or breach under Section 9.3(a) or 9.3(b) remains uncured, to invoke the dispute resolution procedures set forth in Section 11.23. Except as otherwise set forth in this Section 9.4, Lessee’s right to invoke the dispute resolution provisions set forth in Section 11.23 shall be Lessee’s sole and exclusive remedy under this Lease with respect to a default or breach under Section 9.3(a) or 9.3(b).
(b) If, by the terms of this Lease, Lessor is required to do or perform any act or to pay any sum to a third party, and fails or refuses to do so, Lessee, after 30 days written notice to Lessor, without waiving any other right or remedy hereunder for such default, may do or perform such act, at Lessor’s expense, or pay such sum for and on behalf of Lessor, and the amounts so expended by Lessee shall be repayable on demand, and bear interest from the date expended by Lessee until paid at the Default Rate.
Lessee’s Remedies. Except as otherwise set forth in the Operative Documents, upon a breach by LESSOR of any of the terms and conditions of this Lease, LESSEE shall have all rights available at law or in equity.
Lessee’s Remedies. Each and every remedy of Lessee under or with respect to this Guaranty shall, to the extent permitted by law, be cumulative and shall be in addition to any other remedy given hereunder, or under each of the Leases, or now or hereafter existing at law or in equity; provided, however, that Lessee shall not be entitled to any double recovery.
Lessee’s Remedies. If Lessor shall fail to keep or perform any of its obligations as provided in this Lease in respect of (a) maintenance of insurance; (b) payment of cost to repair and maintain the Demised Premises as provided herein; (c) compliance with legal or insurance requirements; or (d) in the making of any other payment or performance of any other obligation assumed by Lessor, whichever the case may be, Lessee may, but shall not be obligated to, upon the continuance of such failure on the part of Lessor for a period of thirty (30) days after receipt of written notice from Lessee, (provided, however, in the event that such cure cannot be completed within said thirty (30) days, Lessee shall not have the right to perform such cure if Lessor commences such cure within said thirty (30) day period and thereafter diligently pursues such cure to completion), and without waiving or releasing Lessor from any obligation, as an additional, but not exclusive, remedy, make such payment or perform such obligations; and as to all sums so paid by Lessee and all necessary incidental costs and expenses incurred by Lessee in performing such obligations, Lessee may make demand upon Lessor for reimbursement of said sums, in which event Lessor agrees to make or cause such reimbursement to be made within thirty (30) calendar days after receipt of said demand. Notwithstanding the foregoing, Lessee may perform any emergency repairs that are Lessor’s responsibility at any time and in such circumstance, Lessor shall reimburse Lessee as provided in this Paragraph 52. Notwithstanding the foregoing, Lessee shall have no right of offset against Rent or additional rent.
Lessee’s Remedies. In addition to the remedies in Paragraph 9.6 of the Lease, Lessee shall have the right to terminate this Lease following Premises Partial Damage under the following circumstances:
62.1 If the Premises Partial Damage materially affects Lessee’s use of the Premises, Lessee may terminate this Lease if either (1) the reasonably estimated time to repair the damage exceeds 90 days or (2) Lessor has failed to complete Lessor’s repair work within the Repair Period (defined below) and such failure continues for 20 days following delivery by Lessee to Lessor of written notice that Lessee elects to terminate this Lease if Lessor’s repair work is not completed within 20 days after delivery of the notice. As used herein, the term “Repair Period” shall mean the longer of (1) a period commencing on the date of the casualty and expiring 90 days thereafter or (2) a period commencing on the date of the casualty and expiring on the date Lessor has specified in a written notice delivered to Lessee as Lessor’s estimate of the reasonable time to repair; however, if, within 60 days following the date of the casualty, Lessor fails to deliver to Lessee a written notice that specifies Lessor’s estimate of the reasonable time to repair, then the Repair Period shall be for 90 days following the date of the casualty. In the case of termination when the reasonably estimated time to repair exceeds 90 days, Lessee must deliver to Lessor written notice of Lessee’s election to terminate within 30 days following the date of Lessee’s receipt from Lessor of written notice that the reasonably estimated time to repair exceeds 90 days, and such termination shall be effective upon Lessor’s receipt of the notice or such later date specified in the notice not exceeding 30 days after Lessor’s receipt of the notice. In the case of termination when Lessor has not completed Lessor’s repair work within the Repair Period, Lessee must deliver Lessee’s 20-day notice prior to Lessor’s completion of Lessor’s repair work, and termination shall be effective upon expiration of the 20-day period. Nothing contained in this paragraph shall be construed to waive or relieve Lessee from any obligation that may exist to pay or contribute to the deductible amount or the cost of repair and restoration as provided above.
Lessee’s Remedies. Notwithstanding anything to the contrary contained in this Lease, if any provision of this Lease expressly or impliedly obligates Lessor not to unreasonably withhold its consent or approval, an action for declaratory judgment or specific performance will be Lessee's sole right and remedy in any dispute as to whether Lessor has breached such obligation.
