Common use of Lessee’s Remedies Clause in Contracts

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. 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, the 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 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 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 rent59.

Lessee’s Remedies. If Lessor shall fail to keep or perform any In the event of its obligations as provided in a default under this Lease in respect of (aby Lessor pursuant to Section 9.3(c) 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, at Lessee’s option, at any time thereafter that such default or breach remains uncured, without further notice or demand, terminate this Lease (but shall not be obligated toonly in the case of Section 9.3(c) and (d) above, upon the continuance of Lessee specifically waiving its right to terminate this Lease otherwise) and any such failure action on the part of Lessee shall be in addition to any other remedy that may be available to Lessee for breach of contract or otherwise including the rights of set-off, self-help and withholding of any payments due Lessor. The written declaration by Lessee of a default under or breach of the terms of this Lease by Lessor for under Sections 9.3(a) or (b) shall also constitute a period of thirty (30) days after receipt of written notice from Lesseepursuant to Section 12.9(b) invoking the dispute resolution procedures. Pending the completion of the dispute resolution procedures set forth in Section 12.9, (provided, however, in the event that such cure cannot be completed within said thirty (30a) 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)exercise any remedies, except as otherwise set forth in this Section 9.4 or in Section 12.9, and (b) neither Party may terminate this Lease. Each Party shall have an obligation to use commercially reasonable efforts to mitigate damages arising out of breach by the other Party of this Lease. 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 ten days written notice to Lessor, without waiving any other right or releasing Lessor from any obligationremedy hereunder for such default, as an additional, but not exclusive, remedy, make such payment may do or perform such obligations; act, 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 as to all sums on behalf of Lessor, and the amounts so paid expended by Lessee shall be repayable on demand, and all necessary incidental costs and expenses incurred bear interest from the date expended by Lessee in performing until paid at the Post-Maturity Rate. Lessee may, at Lessee’s option, deduct any such obligations, amounts so expended by 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 from the foregoing, Lessee may perform Rent and 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 rentother amounts owed hereunder.

Lessee’s Remedies. If Lessor shall fail to keep or perform any of its obligations as provided in the terms, provisions, covenants or conditions to be performed or complied with by Lessor pursuant to this Lease in respect of (a) maintenance of insurance; (b) payment of cost to repair Lease, 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 shall remain uncured for a period of thirty (30) days after receipt Lessee shall have served upon Lessor notice of written notice from such failure, then Lessee may at Lessee's option perform any such term, (provision, covenant or condition, and the cost entailed shall immediately be owing by Lessor to Lessee; provided, however, that Lessee proceeds to perform any such term, provision, covenant or condition in strict accordance with the event that such cure cannot following procedure: (a) Lessee shall serve notice upon Lessor of Lessor's failure to perform any of the terms, provisions, covenants or conditions to be completed within said performed or complied with by Lessor pursuant to this Lease and Lessor shall have thirty (30) daysdays after service of such notice to cure; (b) If Lessor has not cured such failure or has not commenced to cure such failure within said 30-day period, Lessee shall notify Lessor that Lessee intends to engage in independent consulting engineer, or other appropriate consulting personnel, to advise Lessee of the nature of work which should be undertaken to effect a long-term care; (c) If at the time Lessee receives a report from the consulting engineer, or other appropriate consulting personnel, Lessor has not cured such failure or has not commenced to cure such failure, Lessee shall notify Lessor of the nature of work which was recommended to be performed to effect a long-term cure and that Lessee intends to seek competitive bids for the performance of the work; (d) Upon receiving such bids, Lessee shall send Lessor a copy of the bids received and if Lessor has not cured or commenced to cure such failure within ten (10) days of Lessor's receipt of the copy of bids, Lessee my proceed to cure Lessor's failure and recover the cost thereof from Lessor with interest of two percent (2%) over the Prime Rate (as defined in the Project Services Agreement). In the event a dispute arises between Lessor and Lessee regarding either party's performance under any provision of this Section 6,4, the aggrieved party shall promptly notify the other party to this Lease of the dispute within ten (10) business days after such dispute arises. If the parties shall have failed to resolve the dispute within ten (10) business days after delivery of such notice, each party shall, within five (5) business days thereafter. nominate a senior officer of its management to meet at the Premises, or at any other mutually agreed location, to resolve the dispute. Should the parties be unable to resolve the dispute to their mutual satisfaction within ten (10) business days after such nomination, each party shall 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 pursue 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 remedies available at law or in equity. Without limiting the validity of the foregoing covenants, the failure or inability of either party to give the required notice or make the required nomination shall never be construed to stop or deny such party's right to pursue any and expenses incurred by Lessee all remedies otherwise available to such party at law or in performing such obligations, equity. (e) Notwithstanding the foregoing Lessee may make demand upon take reasonable immediate action, with telephone notice to Lessor, to cure any default by Lessor for reimbursement of said sums, in which event Lessor agrees if necessary to make prevent imminent danger to persons or cause such reimbursement imminent material damage 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 rentproperty.