Common use of Lessor's Default Clause in Contracts

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. If Lessor shall be in default hereunder, then Lessee, after sixty (i60) days written notice that Lessee intends to cure such default, or without notice if in Lessee’s reasonable judgment an emergency shall exist, shall have the right, but not the obligation, to cure such default, and Lessor shall pay to Lessee upon demand the reasonable cost thereof. If Lessor shall default or fail in the performance in any respect of any of the covenants a covenant or agreements of this Lease made by or agreement on its part to be performed by Lessor, or (ii) breach any of the /s/ Lessor /s/ Lessee representations or warranties made by Lessor in under this Lease, and if such default shall not have been cured for a period of sixty (60) days after receipt by Lessor of written notice of said default from Lessee, or breach if such default cannot, with due diligence, be cured within sixty (60) days, and Lessor shall continue for not have commenced the remedying thereof within such period or shall not be proceeding with due diligence to remedy it with thirty (30) days after written notice thereof, or following the initial sixty (60) day period (it being intended in the event connection with a default not susceptible of being cured by Lessor with due diligence within sixty (60) days that the default or breach time period within which to remedy the same shall be of such a nature as cannot with diligent effort be cured with said extended for an additional 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 thereafterdays), then Lessee may declare Lessor in default of this Lease upon written notice to Lessor, seek any compensatory damages which may be available to Lessee in an action at law or equity, and in addition to its other remedies, cure any and all other legal remedies and rights available to default of Lessor at law or in equity, Lessee may: A. Withhold payment or seek specific performance under Lessor’s cost and deduct the Lease until cost of such time as such default or breach is cured, orcure from Base Rent. 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.