Lessor's Default. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed and such failure continues for a period of 30 days after Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of 30 days, in which case such failure shall not be deemed a breach if Lessor proceeds within such 30-day period, with due diligence, to cure the failure and thereafter diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure also shall be subject to extension of time due to the occurrence of any Unavoidable Delay. If Lessor does not cure any such failure within the applicable time period as aforesaid, Lessee may declare the existence of a "Lessor Default" by a second Notice to Lessor. Thereafter, Lessee may forthwith cure the same in accordance with the provisions of Article 32, subject to the provisions of the following paragraph. Lessee shall have no right to terminate this Lease for any Lessor Default and no right, for any such Lessor Default, to offset or counterclaim against any Rent or other charges due hereunder. If Lessor shall in good faith dispute the occurrence of any Lessor Default and Lessor, before the expiration of the applicable cure period, shall give Notice thereof to Lessee, setting forth, in reasonable detail, the basis therefor, no Lessor Default shall be deemed to have occurred and Lessor shall have no obligation with respect thereto until final adverse determination thereof, whether through arbitration or otherwise; provided, however, that in the event of any such adverse determination, Lessor shall pay to Lessee interest on any disputed funds at the Base Rate, from the date demand for such funds was made by Lessee until the date of final adverse determination and, thereafter, at the Overdue Rate until paid. If Lessee and Lessor shall fail, in good faith, to resolve any such dispute within ten (10) days after Lessor's Notice of dispute, either may submit the matter for determination by arbitration, but only if such matter is required to be submitted to arbitration pursuant to any provision of this Lease, or otherwise by a court of competent jurisdiction.
Lessor's Default. Failure or refusal of Lessor to perform or do any act herein required shall constitute a default. In the event of any default, in addition to any other remedy available to the City, this Contract may be terminated by the City upon ten days’ written notice. Such termination does not waive any other legal remedies available to the City.
Lessor's Default. Lessor shall be in default if it fails or refuses to perform any provision of this Lease that it is obligated to perform and such failure continues for thirty (30) days after written notice thereof from Lessee detailing such failure. Notwithstanding the foregoing, if Lessor cannot reasonably cure such default within thirty (30) days, Lessor shall not be in default hereunder so long as Lessor commences to cure the default within such thirty (30) day period and thereafter diligently and in good faith pursues such cure to completion.
Lessor's Default. Lessee agrees to give any holder of a deed of trust ---------------- encumbering the Premises ("Trust Deed Holders"), by certified mail, a copy of any notice of default served upon the Lessor by Lessee, provided that prior to such notice Lessee has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of such Trust Deed Holder. Lessee further agrees that if Lessor shall have failed to cure such default within the time, if any, provided for in this Lease, then the Trust Deed Holders shall have an additional thirty (30) days within which to cure such default or if such default cannot be cured within that time, then such additional time as may be necessary, if within such thirty (30) days, the Trust Deed Holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings, if necessary to effect such cure), in which event this Lease shall not be terminated while such remedies are being so diligently pursued.
Lessor's Default. Except as noted below, Lessor will be in default if Lessor fails to comply with Lessor’s required maintenance obligations or fails to comply with other material provisions of the Lease and such failure continues for more than seven (7) days after Lessee delivers a written notice to Lessor that tells Lessor how Lessor has violated the Lease. If Lessor’s failure to comply is due to causes beyond the Lessor’s control and if Lessor has made, and continues to make, every reasonable effort to correct the problem, the Lease may be altered by the parties, as follows:
1. If Lessor’s failure to comply makes the Premises uninhabitable and Lessee vacates, Lessee shall not be liable for rent during the period the Premises remains uninhabitable.
2. If Lessor’s failure to comply does not make the Premises uninhabitable and Lessee continues to occupy the Premises, the rent for the period of noncompliance will be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.
Lessor's Default. Any damages or judgments arising out of Lessor's default of its obligations under this Lease shall be satisfied only out of Lessor's interest and estate in the Premises, and Lessor shall have no personal liability beyond such interest and estate with respect to such damages or judgments.
Lessor's Default. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor (including those set forth in the Exhibits) within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor, specifying wherein Lessor has failed to perform such obligations; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance, then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.
Lessor's Default. If Lessor shall (i) default in the performance of any of the covenants or agreements of this Lease made by or to be performed by Lessor, or (ii) breach any of the /s/ Lessor /s/ Lessee representations or warranties made by Lessor in this Lease, and if said default or breach shall continue for thirty (30) days after written notice thereof, or in the event that the default or breach be of such a nature as cannot with diligent effort be cured with said thirty (30) day period. If Lessor shall not commence to cure within said period and diligently prosecute remedial efforts to completion with a reasonable time thereafter, then and in addition to any and all other legal remedies and rights available to Lessor at law or in equity, Lessee may:
A. Withhold payment or seek specific performance under the Lease until such time as such default or breach is cured, or.
B. Cure such breach or default if such default negatively impacts the Lessee for any extended period of time and set off against the Rent such amounts expended by Lessee in connection with such cure, or Notwithstanding the foregoing, if in Lessee’s reasonable judgment, an emergency shall exist Lessee may cure such default or breach with reasonable (under the circumstances) notice to Lessor being required. The self-help option given to Lessee in this Section is for the sole protection of Lessee, and its existence shall not release Lessor from its obligation to perform the terms, provisions, covenants and conditions herein provided to be performed by Lessor or deprive Lessee of any legal rights which it may have be reason of any such default by Lessor.
Lessor's Default. The Lessor shall be considered in default of this Lease Agreement upon the failure to perform any material term, covenant, or condition of this Lease Agreement; the commencement of any action or proceeding for the dissolution, liquidation, or reorganization under the Bankruptcy Act, of Lessor, or for the appointment of a receiver or trustee of the Lessor's property; the making of any assignment for the benefit of creditors by Lessor; the suspension of business; or any other reason provided for herein. In each case, Lessor shall only be in default if the Lessor is given written notice by Lessee of the specific grounds for the default termination and twenty business days from receipt of such notice to correct such default and Lessor fails to do so.
Lessor's Default. In the event of a default by Lessor under this Lease, Lessee agrees that, in all events, Lessor's liability shall be limited to the actual equity interest of Lessor in the Premises for the satisfaction of Lessee's remedies under this Lease.
