Common use of Lessor Default Clause in Contracts

Lessor Default. Except as otherwise specifically provided for herein, Lessor’s failure to do, observe, keep and perform any of the terms, covenants, conditions, agreements or provisions of this lease required to be done, observed, kept or performed by Lessor, for a period greater than thirty (30) days after written notice by Lessee to Lessor of said failure (except if the nature of Lessor’s obligation is such that more than sixty (60) days are required for its performance, then Lessor shall not be deemed in default if it commences performance within the sixty (60) day period and thereafter diligently pursues the cure to completion), shall be deemed a default by Lessor and a material breach of the lease. In the event of any Lessor default, Lessee may, at its option, with or without further notice or demand of any kind to Lessor or any other person, have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (i) remedy such default or breach and deduct the reasonable costs including but not limited to, attorney fees thereof from the installments of rent next falling due; (ii) pursue the remedy of specific performance; and/or (iii) terminate this lease if such default prevents Lessee to conduct business operations in the Premises. Nothing contained in this Lease shall relieve Lessor of any duty provided for herein to effect repair, replacement, correction or maintenance as required under the terms of this Lease, nor shall Lessor be relieved of any obligation provided for herein to restore affected services or utilities, and this Section 48 shall not be construed to obligate Lessee to undertake any such action.

Lessor Default. Except as otherwise specifically provided for herein, Lessor’s failure to do, observe, keep and perform any of the terms, covenants, conditions, agreements or provisions of this lease required to be done, observed, kept or performed by Lessor, for a period greater than thirty (30) days after written notice by Lessee to Lessor of said failure (except if the nature of Lessor’s obligation is such that more than sixty (60) days are required for its performance, then Lessor shall not be deemed in default if it commences performance within the sixty (60) day period and thereafter diligently pursues the cure to completion), shall be deemed a default by Lessor and a material breach of the lease. In the event of any Lessor default, Lessee may, at its option, with or without further notice or demand of any kind to Lessor or any other person, have any one or more of the following described remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (i) remedy such default or breach and deduct the reasonable costs including but not limited to, attorney fees thereof from the installments of rent next falling due; (ii) pursue the remedy of specific performance; : and/or (iii) terminate this lease if such default prevents Lessee to conduct business operations in the Premises. Nothing contained in this Lease shall relieve Lessor of any duty provided for herein to effect repair, replacement, correction or maintenance as required under the terms of this Lease, nor shall Lessor be relieved of any obligation provided for herein to restore affected services or utilities, and this Section 48 shall not be construed to obligate Lessee to undertake any such action.

Lessor Default. Except as otherwise specifically provided for herein, Lessor’s failure to do, observe, keep and perform Lessor shall be in default in the performance of any of the terms, covenants, conditions, agreements or provisions of this lease obligation required to be done, observed, kept or performed by Lessor, for a period greater than Lessor under this Agreement if Lessor has failed to perform such obligation within thirty (30) days after written notice by receipt of Notice from Lessee specifying in detail Lessor’s failure to Lessor of said failure perform; provided, however, that (except a) if the nature of Lessor’s obligation is such that more than sixty thirty (6030) days are required for its performance, then Lessor shall not be deemed in default if it commences shall commence such performance within the sixty thirty (6030) day period days and thereafter diligently pursues pursue the cure same to completion), and (b) if Lessor’s default is the failure to duly execute and deliver to Lessee the Lease as required under Section 4 above, then the period for Lessor’s cure shall be deemed a default by ten (10) business days. If Lessor and a material breach of the lease. In the event of any Lessor defaultdefaults under this Agreement, as defined above, then Lessee may, at its Lessee’s option, with or without further notice or demand of pursue any kind and all remedies available to Lessor or any other personLessee under this Agreement, have any one or more of the following described remedies in addition to all other rights and remedies provided at law law, or in equity or elsewhere hereinincluding, without limitation, the following: (i) remedy waive such default and proceed with the exercise of the Option and the mutual execution and delivery of the Lease; or breach and deduct the reasonable costs including but not limited to, attorney fees thereof from the installments of rent next falling due; (ii) pursue terminate this Agreement, in which event Lessor shall immediately refund to Lessee the remedy entire Option Fee previously paid by Lessee and thereafter neither party shall have any further liability or obligation to the other hereunder, except for provisions of specific performancethis Agreement which expressly states that they shall survive the termination of this Agreement; and/or or (iii) terminate this lease if such default prevents file in any court of competent jurisdiction an action for specific performance or other form or equitable relief to cause Lessor to enter into the Lease with Lessee and to conduct business operations in the Premises. Nothing contained in this Lease shall relieve Lessor of any duty provided for herein perform Lessor’s obligations pursuant to effect repair, replacement, correction or maintenance as required under the terms and conditions of this the Lease, nor shall Lessor be relieved of any obligation provided for herein to restore affected services or utilities, and this Section 48 shall not be construed to obligate Lessee to undertake any such action.

Lessor Default. Except as otherwise specifically provided for herein, Lessor’s failure to do, observe, keep and perform Lessor shall be in default in the performance of any of the terms, covenants, conditions, agreements or provisions of this lease obligation required to be done, observed, kept or performed by Lessor, for a period greater than Lessor under this Agreement if Lessor has failed to perform such obligation within thirty (30) days after written notice by receipt of Notice from Lessee specifying in detail Lessor’s failure to Lessor of said failure perform; provided, however, that (except a) if the nature of Lessor’s obligation is such that more than sixty thirty (6030) days are required for its performance, then Lessor shall not be deemed in default if it commences shall commence such performance within the sixty thirty (6030) day period days and thereafter diligently pursues pursue the cure same to completion), and (b) if Xxxxxx’s default is the failure to duly execute and deliver to Lessee the Lease as required under Section 4 above, then the period for Lessor’s cure shall be deemed a default by ten (10) business days. If Lessor and a material breach of the lease. In the event of any Lessor defaultdefaults under this Agreement, as defined above, then Lessee may, at its Lessee’s option, with or without further notice or demand of pursue any kind and all remedies available to Lessor or any other personLessee under this Agreement, have any one or more of the following described remedies in addition to all other rights and remedies provided at law law, or in equity or elsewhere hereinincluding, without limitation, the following: (i) remedy waive such default and proceed with the exercise of the Option and the mutual execution and delivery of the Lease; or breach and deduct the reasonable costs including but not limited to, attorney fees thereof from the installments of rent next falling due; (ii) pursue terminate this Agreement, in which event Lessor shall immediately refund to Lessee the remedy entire Option Fee previously paid by Lessee and thereafter neither party shall have any further liability or obligation to the other hereunder, except for provisions of specific performancethis Agreement which expressly states that they shall survive the termination of this Agreement; and/or or (iii) terminate this lease if such default prevents file in any court of competent jurisdiction an action for specific performance or other form or equitable relief to cause Lessor to enter into the Lease with Lessee and to conduct business operations in the Premises. Nothing contained in this Lease shall relieve Lessor of any duty provided for herein perform Lessor’s obligations pursuant to effect repair, replacement, correction or maintenance as required under the terms and conditions of this the Lease, nor shall Lessor be relieved of any obligation provided for herein to restore affected services or utilities, and this Section 48 shall not be construed to obligate Lessee to undertake any such action.