Remedies of Lessee. In the event of a default under the terms, covenants or conditions of this Lease on the part of the Lessor, which shall include but not be limited to unreasonably withholding consents, failure to maintain facilities for the introduction of water, gas, and electric into the Space, failure to maintain the Space as required herein, failure to use due care with respect to the persons and property of Lessee, and otherwise interfering with, whether negligently or intentionally, the business of Lessee and its peaceable and quiet enjoyment of the Space, Lessee shall notify Lessor in writing of said default and Lessor shall have thirty (30) days to cure or commence to cure said default; provided that if the nature of the default is such that it cannot be reasonably cured within said thirty (30) days, Lessor shall not be deemed to be in default if it shall commence performance within said thirty (30) day period and diligently proceeds to so cure the default thereafter. If Lessor shall not cure or commence to cure the said default within the thirty (30) day period, Lessee has the option to either terminate this Lease and vacate the Space immediately without any further liability under the Lease and take whatever other lawful remedies that may be available to it upon such default, or cure the default and at Lessee's option deduct reasonable costs and expenses for such cure from Rent or any other amounts accrued hereunder due, or otherwise be immediately reimbursed by Lessor. Should there be a need to make any emergency repairs which were otherwise the responsibility of the Lessor as provided in this Lease, but due to the emergent circumstances and after attempting to immediately contact the Lessor, Lessee makes such repairs, the cost thereof shall be a deduction from the Rent accruing for the month following the date of such repair.
Remedies of Lessee. If, within twenty-four (24) business hours, Lessee notifies Lessor of the appearance of any defect(s) covered by the limited warranty in Section 5, the Lessor will, at its option, repair or replace any Equipment affected by such defect without charge, or refund any prepaid Rental Fees to Lessee for the period of defect for the defective Equipment. Xxxxxx agrees to notify the Lessor immediately by contacting the Peak-Ryzex Customer Support Department at 0- 000-000-0000 to verify defects and serial numbers. Upon verification, the Lessor will determine whether to send a replacement or authorize a credit to Lessee for the defective item of Equipment. If a replacement is sent, Xxxxxx will not be entitled to a credit. If Lessee determines that it is not feasible to send a replacement, the Lessor will issue a credit for the number of days and quantity of items that were determined to be defective by Lessor. The remedies of repair, replacement or refund agreed on in this Section 8, will be the sole remedies of Lessee against Lessor, and the parties agree specifically that LESSOR WILL NOT BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL LIABILITY CONNECTED WITH THIS RENTAL AGREEMENT.
Remedies of Lessee. Upon the occurrence of the event specified in Section 7.2.1 above and at any time thereafter, Lessee may terminate the applicable Property Schedule in whole or in part upon written notice to Lessor.
Remedies of Lessee. In the event of Lessor’s default as set forth in Section 7.3, Lessee shall have all rights provided at law or in equity, including but not limited to declaring the Lease immediately terminated.
Remedies of Lessee. In the event of any default of Lessor as above provided, the Lessee shall have any rights or remedies that may be given to Lessee by statute, law, equity or otherwise and may terminate this Lease.
Remedies of Lessee. In the event of any default hereunder (or threatened default in the case of paragraph a of this Section) by Lessor, the rights of Lessee shall be as follows:
Remedies of Lessee. In the event of a default under the terms, covenants or conditions of this Lease on the part of the Lessor, Lessee shall notify Lessor in writing of said default and Lessor shall have thirty (30) days to cure or commence to cure said default; provided that if the nature of the default is such that it cannot be reasonably cured within said thirty (30) days, Lessor shall not be deemed to be in default if it shall commence performance within said thirty (30) day period and diligently proceeds to so cure the default thereafter. If Lessor shall not cure or commence to cure the said default within the thirty (30) day period, Lessee may not terminate this Lease and vacate the Space, but rather may only cure the default and deduct reasonable costs and expenses for such cure from Rent or Additional Rent or any other amounts accrued hereunder due.
Remedies of Lessee. Upon the occurrence of either of the events specified in Section 7.2.1 above and at any time thereafter, Lessee may terminate the applicable Property Schedule in whole or in part upon written notice to Lessor. Lessor bears all risk as to any rejected Property and may become liable to Lessee for its actual damages, including but not limited to its reprocurement costs. However, with regard to the warranty set forth in Section 5.2(g) and (h), if the Property, or any portion thereof is held, or in Lessee's reasonable opinion, is likely to be held, to constitute infringement, Lessor may, at its option, either: (i) secure for Lessee the right to continue the use of the Property, or at Lessee’s discretion, a portion thereof, or (ii) replace, at Lessor's sole expense, the Property, or at Lessee’s discretion, a portion thereof, with substantially equivalent non-infringing Property, or
Remedies of Lessee. Upon the occurrence of either of the events specified in Section 7.2.1 above and at any time thereafter, Lessee may terminate the applicable Property Schedule in whole or in part upon written notice to Lessor. Lessor bears all risk as to any rejected Property and may become liable to Lessee for its actual damages, including but not limited to its reprocurement costs. However, with regard to the warranty set forth in Section 5.2(g) and (h), if the Property, or any portion thereof is held, or in Lessee's reasonable opinion, is likely to be held, to constitute infringement, Lessor may, at its option, either: (i) secure for Lessee the right to continue the use of the Property, or at Lessee’s discretion, a portion thereof, or (ii) replace, at Lessor's sole expense, the Property, or at Lessee’s discretion, a portion thereof, with substantially equivalent non-infringing Property, or (iii) modify the infringing Property, or at Lessee’s discretion, a portion thereof, so that it becomes non-infringing. The options set forth in the foregoing sentence must be selected in consultation with Lessee and with Lessee's consent, which will not be unreasonably withheld. In the event Lessor is, in Lessor's reasonable discretion, unable to either procure the right to continued use of the allegedly infringing Property or portion thereof (as the case may be) or replace or modify the allegedly infringing Property or portion thereof (as the case may be) as provided in clauses (i), (ii) and (iii) above, Lessee will return the allegedly infringing Property or portion thereof (as the case may be) to Lessor and Lessor will refund to Lessee all amounts paid to Lessor for such Property or portion thereof (as the case may be). Lessee may thereupon terminate the Property Schedule for default. No Remedy Exclusive; Attorneys’ Fees. No right or remedy conferred upon or reserved to a party hereunder is exclusive of any right or remedy under this Agreement, or at law or in equity or otherwise provided or permitted, but each is cumulative of every other right or remedy now or existing in the future at law or in equity or by statute or otherwise, and may be enforced concurrently or from time to time. If either party institutes any action to enforce this Agreement, the prevailing party will be entitled to payment for, in addition to all other amounts due under this Agreement, all of such prevailing party’s costs of collection under this Section 7, including reasonable attorney fees, whether or not...
Remedies of Lessee. In the event of any breach by Lessor of its obligations hereunder, not cured within sixty (60) days of written notice from Lessee (or shorter period if an emergency is involved) Lessee shall be entitled to all remedies available at law or equity. Without limiting the foregoing, in the event Lessor has not paid Xxxxxx's agreed contribution to improvements as provided for in Paragraph R-20 below, Lessee may offset the amount of such contribution together with interest at the same rate payable by Lessee to Lessor in the event of default against Rent otherwise payable by Lessee hereunder.
