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. In the event of any such default under or breach of the terms of this Lease by Lessor, Lessee may, at Lessee’s option, at any time thereafter that such default or breach remains uncured, after ten days prior written notice to Lessee, 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 Lessee shall be repayable on demand, and bear interest from the date expended by Lessee until paid at the Post-Maturity Rate. Lessee may, at Lessee’s option, deduct any such amounts so expended by Lessee from the Rent and any other amounts owed hereunder or under any Ancillary Agreement and any such action on the part of Lessee shall be in addition to any other remedy that may be available to Lessee for default or breach of contract, or otherwise, including the right of setoff.
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. (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).
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. 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.
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 the event of the Lessor’s default hereunder, the Lessee shall have all remedies available at law or in equity; provided, however, the Lessee hereby expressly waives any right to abatement or withholding of rent or other amounts payable to the Lessor under this Lease.
