NON-PERFORMANCE BY LANDLORD Sample Clauses
The "Non-Performance by Landlord" clause defines the rights and remedies available to the tenant if the landlord fails to fulfill their obligations under the lease agreement. Typically, this clause outlines the steps a tenant can take, such as providing written notice to the landlord and allowing a specified period for the landlord to remedy the issue. If the landlord does not correct the problem within the given timeframe, the tenant may be entitled to withhold rent, make repairs and deduct costs, or even terminate the lease in severe cases. This clause is essential for protecting tenants by ensuring that landlords are held accountable for their responsibilities and providing a clear process for addressing breaches of the lease.
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NON-PERFORMANCE BY LANDLORD. (a) In the event of any claim by Tenant that Landlord has defaulted under this Lease, Tenant shall, prior to taking any action, deliver a notice to Landlord, specifying the nature of such default, and thereafter Landlord shall have thirty (30) days, or such longer period as may be reasonable, not to exceed an additional sixty (60) days, to cure any such default for which Landlord is liable. At Landlord's request and provided Landlord has provided Tenant with an address therefor, Tenant shall simultaneously deliver any such notice of default, in the manner provided in paragraph 37., to any holder of a mortgage or ground lease affecting the Building or the land thereunder. Such mortgagee or lessor shall have the right (but not the obligation) to cure such default during the period that is permitted to Landlord hereunder, plus an additional thirty (30) days, and Tenant will accept such cure (if any) with the same effect as if such action had been taken by Landlord.
(b) Whenever and to the extent that Landlord shall be unable to fulfill, or shall be delayed or restricted in the fulfillment of any obligation, or the curing of a default, under any provision of this Lease by reason of strike, lock-out, war or acts of military authority, rebellion or civil commotion, fire or explosion, flood, wind, water, earthquake, acts of God or other casualty or by reason of being unable to obtain any materials, goods, equipment, services, utilities or labor required to enable Landlord to fulfill such obligation or to cure such default or by reason of any statute or law or any regulation or order passed or made pursuant thereto or by reason of any order or direction of any administrator, controller, board or any governmental department or officer or other authority, or by reason of Landlord's inability to obtain any permission or authority required thereby, or by reason of any other cause beyond Landlord's control or not wholly or mainly within Landlord's control, whether of the foregoing character or not, Landlord shall, so long as any such impediment exists, be relieved from the fulfillment of such obligation and Tenant shall not be entitled to compensation for any damage, inconvenience, nuisance or discomfort thereby occasioned.
(c) In the event of a default by Landlord of its obligations under this Lease which default is not cured within the applicable grace period (as same may be extended pursuant to the preceding paragraph), Tenant's sole right and remedy shall be to sue...
NON-PERFORMANCE BY LANDLORD. Whenever the Landlord is unable to fulfill any obligation hereunder in respect of the provision of any service, utility, work or repairs by reason of being unable to obtain the materials, goods, equipment, service utility or labour required to enable it to fulfill such obligation or by reason of any law or regulation or by reason of any other cause beyond its reasonable control, the Landlord will be entitled to extend the time for fulfillment of such obligation by a time equal to the duration of the delay or restriction. The Tenant will not be entitled to any compensation for any inconvenience, nuisance or discomfort thereby occasioned, or to cancel this Lease.
NON-PERFORMANCE BY LANDLORD. This lease and the obligation of the Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord’s inability to supply any service or material called for herein, by reason of any rule, order, regulation or preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble or for any cause beyond the control of the Landlord.
NON-PERFORMANCE BY LANDLORD. This Lease and the obligation of the Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord's inability to supply any service or material called for herein, by reason of any act of God, riot, civil commotion, strikes, lock-out, acts, orders or regulations of governmental authority, acts or failure to act of the other party, fire, tornado, windstorm, adverse weather conditions, rule, order, regulation or preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or for any cause beyond the control of Landlord.
NON-PERFORMANCE BY LANDLORD. This lease and the obligation of the Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of the Landlord's inability to supply any service, by reason of any rule, order regulation or preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble or, for any cause beyond the control of the Landlord. This paragraph does not apply to Tenant's remedies following any interruption of utility services provided in Paragraph 17 and Tenant's remedies for Landlord's failure to make construction deadlines set forth in Paragraph 2.
NON-PERFORMANCE BY LANDLORD. 24 ARTICLE XXIV NOTICE ............................................ 25 ARTICLE
NON-PERFORMANCE BY LANDLORD. 23.01. If the Landlord shall fail or refuse to comply with and perform any condition or covenant of the Lease and should such failure continue for more than twenty-one (21) days after receipt of notice by the Landlord or a shorter period of time in case of emergency, the Tenant may comply with and perform any such condition or covenant without prejudice to its claim against the Landlord. Notwithstanding the foregoing, the Landlord shall not be deemed in default if the Landlord commences diligently to pursue performance of any condition or covenant within the twenty-one (21) day period following notice which cannot be completed within the said twenty-one (21) day period. Tenant shall have the right to deduct the reasonable costs incurred in complying from any rental payments that might be due to Landlord by Tenant, except if the cost was incurred without notice to Landlord in which event Tenant shall not be permitted to deduct from the rental payments unless approved by the Landlord.
NON-PERFORMANCE BY LANDLORD. This Lease and the obligation of Tenant to pay the rent hereunder and to comply with the terms and conditions hereof, shall not be affected, curtailed, impaired or excused as a result of the Landlord's inability to supply any service or material called for herein, by reason of any rule, order, regulation or preemption by any governmental entity, authority, department, agency or subdivision or for any delay which may arise by reason of negotiations for the adjustment of any fire or other casualty loss or because of strikes or other labor trouble or for any cause beyond the control of the Landlord, provided Tenant's operations can be conducted. Notwithstanding the foregoing, Tenant shall have the right to perform the obligations of Landlord and obtain reimbursements from Landlord for the reasonable cost of same, provided Tenant gives Landlord ten (10) days prior written notice of Tenant's intent to exercise said right. If Tenant actually performs, or causes to be performed, at Tenant's expense, any such obligation of Landlord, then Tenant shall promptly provide to Landlord all documentation and invoices relating to such undertaking and its written request for such reimbursement to which Tenant believes it is entitled. If Tenant does not submit its written request to Landlord within sixty (60) days of its performance of such item that it alleges is Landlord's responsibility, then Tenant shall waive its right to any reimbursement under this provision. If the parties are unable to agree to a resolution of this item within sixty (60) days of Landlord's receipt of Tenant's notice accompanied by the required documentation and invoices, then Tenant may submit the matter to arbitration and such dispute shall be determined in accordance with the then-prevailing rules of the American Arbitration Association. The fees of the arbitrators shall be paid by Tenant and/or Landlord in proportion to allocated responsibility of the disputed cost.
NON-PERFORMANCE BY LANDLORD. Whenever the Landlord is unable to fulfil any obligation hereunder in respect of the provision of any service, utility, work or repair by reason of being unable to obtain the materials, goods, equipment, service, utility or labour required to enable it to fulfil such obligation or by reason of any law or regulation or by reason of any other cause beyond its reasonable control, the Landlord will be entitled to extend the time for fulfilment of such obligation by a time equal to the duration of the delay or restriction. The Tenant will not be entitled to any compensation for any inconvenience, nuisance or discomfort thereby occasioned or to cancel this Lease, and no such interruption will be deemed to be a disturbance of the Tenant’s enjoyment of the Premises. The Landlord, in the event of such interruption, will proceed to overcome same with all reasonable diligence.
NON-PERFORMANCE BY LANDLORD. This Lease and the obligation of Tenant to pay the rent hereunder and to comply with the covenants and conditions hereof, shall not be affected, curtailed, impaired or excused because of Landlord's inability to supply any service or material called for herein, by reason of any rule, order, regulation or preemption by any governmental