REMEDIES FOR LANDLORD’S DEFAULT Sample Clauses

REMEDIES FOR LANDLORD’S DEFAULT. Upon the occurrence of any default on behalf of Landlord under this Lease and subsequent failure by Landlord to cure or commence actions to cure as provided in Section 11.4, Tenant shall, as Tenant’s sole remedy, have the right to maintain an action against Landlord, for actual damages suffered as a result of Landlord’s default.
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REMEDIES FOR LANDLORD’S DEFAULT. (i) Upon the occurrence of a Completion Default, Tenant may terminate this Lease after providing Landlord with 30 days notice and an opportunity to cure. If the Completion Default is not cured within the 30-day notice period, the Lease shall terminate at the end of the notice period. If Tenant terminates this Lease hereunder, Tenant shall have no liability for any Rent or costs incurred by Landlord, or for any other obligations under this Lease, and no rights or obligations to access or occupy the Premises. In addition to terminating this Lease, Tenant may pursue any other remedies available to it, including but not limited to a lawsuit for damages and/or specific performance.
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REMEDIES FOR LANDLORD’S DEFAULT. Upon the occurrence of any default set forth in this Lease and subsequent failure by Landlord to cure or commence actions to cure as provided in Section 11.4, Tenant shall terminate this Lease immediately, without penalty, upon written notice to the Landlord.
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REMEDIES FOR LANDLORD’S DEFAULT. During the continuation of any uncured default (beyond all applicable notice and cure periods) of Landlord, in addition to any rights and remedies available to Tenant at law or in equity, Tenant shall have the right, but not the obligation, to remedy Landlord’s default and charge Landlord for the reasonable, actual cost incurred by Tenant in curing such default, which charges shall be payable by Landlord within thirty (30) days of Tenant’s demand therefor. If Landlord shall fail to pay same within such 30-day period, Tenant shall have the right to deduct such costs from Base Rent next accruing hereunder; provided, however, that such deduction shall be spread over more than one (1) month, if necessary, in order that Tenant shall not deduct in any one month more than twenty percent (20%) of the total monthly Base Rent. Except as expressly set forth in Sections 1.2, 7.1(b), 8.1 and 12.20, Tenant will not have the right to terminate this Lease.
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REMEDIES FOR LANDLORD’S DEFAULT. In the event that:
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REMEDIES FOR LANDLORD’S DEFAULT. During the continuation of any uncured default (beyond all applicable notice and cure periods) of Landlord, Tenant shall be entitled to all rights and remedies available to Tenant at law or in equity, except Tenant shall not be entitled to withhold, offset or xxxxx Rent or terminate this Lease except as otherwise expressly set forth herein. Notwithstanding anything in this Lease to the contrary, in no event shall Landlord be liable to Tenant or City Indemnified Parties for any consequential, special or punitive damages of any nature, whether resulting from a default by Landlord or otherwise.
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Related to REMEDIES FOR LANDLORD’S DEFAULT

  • REMEDIES FOR TENANT'S DEFAULT Upon the occurrence of a Default as defined above, Landlord may elect either (i) to cancel and terminate this Lease and this Lease shall not be treated as an asset of Tenant's bankruptcy estate, or (ii) to terminate Tenant's right to possession only without canceling and terminating Tenant's continued liability under this Lease. Notwithstanding the fact that initially Landlord elects under (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days' written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. In the event of election under (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter the Premises and take and hold possession thereof, without such entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated term. Upon such reentry, Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby. Such reentry shall be conducted in the following manner: without resort to judicial process or notice of any kind if Tenant has abandoned or voluntarily surrendered possession of the Premises; and, otherwise, by resort to judicial process. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Premises, or any part thereof, to any one other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs to the Premises to the extent deemed by Landlord necessary or desirable to relet the Premises. Upon such reentry, Tenant shall be liable to Landlord as follows:

  • Landlord’s Default Subject to Landlord's right to dispute its obligation in accordance with Section 5.1.5(b), if Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement, and any such default shall continue for a period of ten (10) days after Notice thereof with respect to monetary defaults, and thirty (30) days after Notice thereof with respect to non-monetary defaults, from Tenant to Landlord and, subject to Section 19.3, any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct such non-monetary defaults, Tenant may declare the occurrence of a "Landlord Default" under this Agreement by giving Notice of such declaration to Landlord and to such Facility Mortgagee. Thereafter, Tenant may (but shall have no obligation to) cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys' fees, paralegals' fees and court costs) incurred by Tenant in curing the same. If any such costs and expenses have not been reimbursed to Tenant as of the fifth (5th) day after the Landlord receives Tenant's Notice therefor, Landlord shall pay to Tenant, a late charge computed at the Overdue Rate on the amount of such reimbursement from the expiration of the applicable cure period to the date of payment thereof. Except as otherwise expressly provided herein to the contrary, Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder or under the Other Leases and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof; provided, however, that in the event of any such adverse determination, Landlord shall pay to Tenant interest on any disputed funds at the Disbursement Rate, from the date demand for such funds was made by Tenant until the date of final adverse determination and, thereafter, at the Overdue Rate until paid. During the term of the Operating Agreement, Landlord shall indemnify and hold Tenant harmless against all claims, costs and expenses (including reasonable attorneys' fees and paralegals' fees) arising from a Landlord Default under the terms and conditions of this Agreement which shall cause an Event of Default under Section 16.01 of the Operating Agreement or a breach by Landlord of its obligations under the Owner Agreement or the Pooling Agreement. The provisions of this Section 14.2 shall survive the termination, expiration or cancellation of this Agreement for a period of five (5) years.

  • Remedies for Default (a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies.

  • DEFAULT BY LANDLORD Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.

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