Common use of Lessee’s Remedies Clause in Contracts

Lessee’s Remedies. a. Should Lessor default in the performance of any covenants and/or conditions on the Lessor's part herein contained, and if such default is not cured within thirty (30) days after written notice by the Lessee to Lessor hereof, except in case of an emergency in which no notice shall be necessary, or if such default cannot be cured within thirty (30) days, then, if the Lessor does not commence within such thirty (30) days to cure said default and cure the same with all reasonable dispatch, Lessor shall, upon demand, reimburse Lessee for Lessee's costs and expenses incurred in connection therewith, together with interest thereon at the rate of twelve (12%) percent per annum. Lessee may, but shall not be required to, offset such costs, expenses and interest against its monetary obligations under this Lease. Nothing contained in this Paragraph shall be construed so as to abridge any rights otherwise available to Lessee at law or in equity. b. After the Building and improvements to be constructed by Lessor are Substantially Completed, Lessor and Lessee will inspect the Demised Premises together and prepare a 'punch list' of items to be completed before the Commencement Date. The Lessor shall have thirty (30) days to complete the punch list items. In the event Lessor does not complete the punch-list within thirty (30) days to the reasonable satisfaction of Lessee, then Lessee shall be permitted to complete the punch-list at its cost and expense and deduct or offset said cost and expense from the Base Monthly Rental reserved herein. If a punchlist item reasonably requires more than thirty (30) days to complete then Lessor shall commence correction within thirty (30) days and diligently pursue its timely completion. If the improvements to be constructed by the Lessor do not substantially meet the plans and specifications set forth in the attachments hereto and the Construction Documents, or as subsequently developed or amended by Change Order, and Lessor does not cure any such defect within sixty (60) days after notice from Lessee, Lessee may, but shall not be required to, cure such defect and offset the cost against its monetary obligations under this Lease.

Lessee’s Remedies. a. Should 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 default in has failed to complete Lessor’s repair work within the performance of any covenants and/or conditions on the Lessor's part herein contained, Repair Period (defined below) and if such default is not cured within thirty (30) failure continues for 20 days after written notice following delivery by the Lessee to Lessor hereofof 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, except 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 an emergency in which no 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 necessaryeffective 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, or if such default cannot Lessee must deliver Lessee’s 20-day notice prior to Lessor’s completion of Lessor’s repair work, and termination shall be cured within thirty (30) days, then, if effective upon expiration of the Lessor does not commence within such thirty (30) days to cure said default and cure the same with all reasonable dispatch, Lessor shall, upon demand, reimburse Lessee for Lessee's costs and expenses incurred in connection therewith, together with interest thereon at the rate of twelve (12%) percent per annum. Lessee may, but shall not be required to, offset such costs, expenses and interest against its monetary obligations under this Lease20-day period. Nothing contained in this Paragraph paragraph shall be construed so as to abridge waive or relieve Lessee from any rights otherwise available obligation that may exist to Lessee at law pay or in equity. b. After the Building and improvements to be constructed by Lessor are Substantially Completed, Lessor and Lessee will inspect the Demised Premises together and prepare a 'punch list' of items to be completed before the Commencement Date. The Lessor shall have thirty (30) days to complete the punch list items. In the event Lessor does not complete the punch-list within thirty (30) days contribute to the reasonable satisfaction of Lessee, then Lessee shall be permitted to complete the punch-list at its cost and expense and deduct deductible amount or offset said cost and expense from the Base Monthly Rental reserved herein. If a punchlist item reasonably requires more than thirty (30) days to complete then Lessor shall commence correction within thirty (30) days and diligently pursue its timely completion. If the improvements to be constructed by the Lessor do not substantially meet the plans and specifications set forth in the attachments hereto and the Construction Documents, or as subsequently developed or amended by Change Order, and Lessor does not cure any such defect within sixty (60) days after notice from Lessee, Lessee may, but shall not be required to, cure such defect and offset the cost against its monetary obligations under this Leaseof repair and restoration as provided above.

Lessee’s Remedies. a. Should If Lessor default defaults in the performance of any covenants and/or conditions on covenant required to be performed by Lessor under the terms of this Lease, Lessee may serve upon Lessor and if requested by Lessor's part herein containedlender(s) upon Lessor's lender's(s') written notice specifying the default and requiring performance by the Lessor within a period of time set forth in the notice, and if such default is which shall not cured within be less than thirty (30) days after written notice by the Lessee to Lessor hereofreceipt of said notice, except in the case of emergency. In the event that Lessor shall not have remedied the default within the time set forth in the notice, Lessee may by written notice to Lessor, at its sole option, cure Lessor's default and Lessor shall immediately reimburse Lessee for the expenses thereof with interest at the Default Rate. Further, if the default by Lessor is the failure to maintain the foundation, structure or roof as required under Section 9 hereof, and provided that except in the case of emergency, Lessee includes within the written notice specified in the default described within the first sentence of this Section, a written report by a structural engineer of recognized responsibility located within the Columbus metropolitan marketplace specifying in detail the nature and extent of the proposed deficiency and the proposed plan for modifying or correcting such deficiency, and Lessor thereafter fails to submit within such thirty (30) day period a written objection to such proposal supported by an emergency in opinion of a structural engineer of recognized responsibility located within the Columbus metropolitan marketplace, Lessee may offset the expense thereof with interest at the Default Rate against Base Rent and additional rent thereafter accruing. However, if any default shall occur which no notice shall be necessarycannot, or if such default cannot with due diligence be cured within a period of thirty (30) days, then, if and Lessor prior to the Lessor does not commence within such expiration of thirty (30) days from and after the giving of notice as aforesaid, commences to eliminate the causes of such default and proceeds diligently and with reasonable dispatch to take all steps and to do all work required to cure said default and cure the same with all reasonable dispatch, Lessor shall, upon demand, reimburse Lessee for Lessee's costs and expenses incurred in connection therewith, together with interest thereon at the rate of twelve (12%) percent per annum. Lessee may, but shall not be required to, offset such costs, expenses and interest against its monetary obligations under this Lease. Nothing contained in this Paragraph shall be construed so as to abridge any rights otherwise available to Lessee at law or in equity. b. After the Building and improvements to be constructed by Lessor are Substantially Completed, Lessor and Lessee will inspect the Demised Premises together and prepare a 'punch list' of items to be completed before the Commencement Date. The Lessor shall have thirty (30) days to complete the punch list items. In the event Lessor does not complete the punch-list within thirty (30) days to the reasonable satisfaction of Lesseedefault, then Lessee shall be permitted not have the right to complete declare the punch-list at its cost and expense and deduct or offset said cost and expense from the Base Monthly Rental reserved herein. If a punchlist item reasonably requires more than thirty (30) days to complete then Lessor shall commence correction within thirty (30) days and diligently pursue its timely completion. If the improvements to be constructed Lease terminated by the Lessor do not substantially meet the plans and specifications set forth in the attachments hereto and the Construction Documents, or as subsequently developed or amended by Change Order, and Lessor does not cure any reason of such defect within sixty (60) days after notice from Lessee, Lessee may, but shall not be required to, cure such defect and offset the cost against its monetary obligations under this Leasedefault.