Lessor Default. The LESSOR further covenants with the LESSEE that if LESSOR shall fail to perform any provision of this Lease which requires the payment of money, and such failure shall continue for ten (10) days after notice has been given to LESSOR; or if LESSOR fails to perform any other provision of this Lease and such failure to perform is not cured within thirty (30) days after notice has been given to LESSOR (or if such default cannot reasonably be cured within thirty [30] days, if LESSOR fails either to commence to cure the default within said thirty [30] day period or to diligently and in good faith continue to cure said default) then, and in addition to the other remedies or courses of action now or hereafter provided by law, LESSEE may, at its option, among other things, cancel and annul this Lease, or remedy the condition or need referred to in such notice, or make the payment which LESSOR has not made, but should have made, or remedy the condition or need referred to in such notice and deduct LESSEE'S actual cost or the amount of the payment thereof from subsequent installments of rent. In the event of any dispute between the parties as to the right of LESSEE to such deduction, LESSOR further covenants and agrees that it will not give LESSEE any notice of default or termination of this Lease unless LESSEE shall fail to pay to LESSOR the amount of any such deduction within ten (10) days after receipt of notice by LESSEE of a final and unappealable judgment with respect thereto in favor of LESSOR. If LESSEE elects, as permitted herein, to make an expenditure and deduct the same from subsequent installments of rent, LESSEE shall be required to deposit an amount equal to each such deduction in an interest-bearing account at a bank or savings and loan institution; such account shall require the signatures of LESSOR and LESSEE for any withdrawal. Interest earned on such account shall accrue for the benefit of the party (LESSOR or LESSEE) who ultimately prevails on the issue of whether such deduction was proper. If it is ultimately determined that any part of such deduction was proper (because such part of the expenditure for which such deduction was made was an obligation of LESSOR under this Lease), then LESSEE shall be entitled to receive, from the deposit account, the principal and interest attributable to said portion of such expenditure, and LESSOR shall pay to LESSEE the difference between: 1) the interest actually earned in such interest-bearing account with...
Lessor Default. Subject to Section 9.3, Lessor shall be in default in the event any representation or warranty made by Lessor herein shall prove to have been inaccurate in any material respect at the time made, or in the event Lessor breaches or fails to comply in any material respect with any covenant or agreement contained herein.
Lessor Default. In the event of any default hereunder by Lessor, Lessee may, if such default continues after a reasonable notice period following receipt of written notice thereof to Lessor, cure such default for the account and at the expense of Lessor. If Lessee at any time after the expiration of such curative period by reason of such breach, is compelled to pay, or elects to pay, any sum of money or do any act which will require the payment of any sum of money, or is compelled to incur any expense, including reasonable attorney's fees, in instituting, prosecuting and/or defending any action or proceeding to enforce Lessee's rights hereunder or otherwise, the sum or sums so paid by Lessee, with all interest, costs and damages, shall on demand be paid by Lessor to Lessee but Lessee shall have no right to offset any such sums against any amounts which may be due to Lessor hereunder.
Lessor Default. If Lessor defaults in the performance of its obligations under this Lease, Tenant may give Lessor written notice thereof and Lessor shall have thirty (30) days after Lessor’s receipt of Tenant’s default notice to cure such default; provided, however, that if such default cannot reasonably be cured within thirty (30) days, Lessor shall have as much time to cure such default as is necessary, provided Lessor promptly commences and diligently pursues such cure; and provided further, that if the default relates to a matter which, in Tenant’s reasonable judgment, is of an emergency nature, Lessor shall have only forty-eight (48) hours (or such lesser period as is reasonable under the circumstances) to cure such default. If Lessor fails to cure any such default within such cure period (or, if this Lease elsewhere provides for a shorter cure period, or no cure period, if Lessor commits such a default), it shall be deemed an event of default. Upon the occurrence of an event of default, Tenant, at its option, may cure the default in which event Lessor shall reimburse Tenant for all reasonable out-of-pocket costs and expenses incurred by Tenant in connection with such cure within twenty (20) days of receiving an invoice for such amount from Tenant with reasonable supporting documentation. Any such amount not paid by Lessor when due shall accrue interest from the date the same is due and payable and until the same is paid at the lesser of eighteen percent (18%) per annum or the highest rate permitted by law. In addition to the foregoing remedies, the Tenant shall be entitled to such other legal and equitable remedies as may be provided by applicable law.
Lessor Default. In the event that Lessor shall at any time be in default of the terms of this Lease and any such default shall continue for a period of sixty (60) days after written notice to Lessor, and Lessor shall not thereafter cure or commence to cure the default, Lessee shall have the right at any time thereafter (but in no event shall be obligated) to cure such default for the account of Lessor, and Lessor shall reimburse Lessee for any amount paid and any expense or contractual liability so incurred upon invoice.
Lessor Default. Lessee may exercise all rights and remedies available under the laws of the state where the Facility is located in the event of a default by Lessor under the terms of this Lease.
Lessor Default. Lessor shall not be deemed to be in default under this lease until the Lessee has given written notice specifying the nature of the default and the Lessor does not cure such default within thirty (30) days after receipt of such notice or within such reasonable time thereafter as may be necessary to cure such default where such default is of such a character as to reasonably require more than thirty (30) to cure.
Lessor Default. If Lessor defaults in any obligation under this Lease and fails to cure the default within thirty (30) days after Lessee delivers a notice of default to Lessor, Lessee may terminate this Lease upon an additional fifteen (15) days’ written notice; provided, however, that if the default cannot reasonably be cured within thirty (30) days, Lessor shall have sufficient time to cure the default, if such cure is commenced within the thirty (30) day period, diligently prosecuted, and promptly completed .
Lessor Default. Lessor shall be deemed in breach of this Lease if: a) in the event of any monetary breach of this Lease by Lessor, County shall notify Lessor in writing of such breach, and Lessor shall have ten (10) days from such notice in which to cure said breach or b) in the event of any non-monetary breach of this Lease, Lessor fails within fifteen (15) days after receipt by Lessor of written notice specifying wherein such obligation of Lessor has not been performed; provided however, that if the nature of Xxxxxx's obligation is such that more than fifteen (15) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced as soon as reasonably possible within such fifteen (15) day period and thereafter diligently pursued to completion (each, a “Lessor Default”).
Lessor Default. (a) If Lessor fails to perform or observe any of its obligations under this Lease and such failure continues for more than twenty (20) days after Lessee has delivered written notice thereof to Lessor, such failure will constitute a default under this Lease unless Lessor disputes the claimed default in good faith by written notice to Lessee within such twenty (20) day period; provided, however, that if the nature of Lessor’s obligation is such that more than twenty (20) days are required for performance, then Lessor will not be in default if Lessor commences performance within such twenty (20) day period and thereafter diligently prosecutes the same to completion; provided, however, that such additional period will in no event be longer than sixty (60) days after Lessor’s receipt of Lessee’s written notice to Lessor as described above. Lessee will identify the Lease provisions containing the Lessor’s obligations that are the subject of Lessee’s complaint and specify in reasonable detail the nature and extent of Lessor’s failure with respect thereto. If Lessor fails to cure any default within the applicable cure period, Lessee will have all rights and remedies available in this Lease and at law or in equity.
