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. 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:
a. Lessee shall have the right of injunction to restrain Lessor and the right to invoke any remedy allowed by law or in equity, as if the specific remedies of indemnity or reimbursement were not provided herein.
b. Lessee shall have the right to cancel and terminate this Lease, as well as all of the right, title and interest of Lessor hereunder, by giving to Lessor not less than ten (10) days' notice of the cancellation and termination. On expiration of the time fixed in the notice, this Lease and the right title and interest of Lessor hereunder shall terminate in the same manner and with the same force and effect, except as to Lessor's liability for sums accrued prior to the date of termination, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined.
c. Lessee may recover from Lessor all damages proximately resulting from the default or breach.
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. 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 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 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. 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. If a Lessor's Event of Default shall occur, Lessee shall have the right, at its election, at any time while such Event of Default shall thereafter continue:
A. to give Lessor written notice of its intention to terminate this Lease on the date specified in the notice (but not less than thirty (30) days from the date of such notice), and, unless such Event of Default be cured on or before the proposed termination date, all of Lessee's obligations under this Lease shall cease and the Lease shall terminate as of the date of such notice;
B. subject to the limitations set forth in Section 11.6 below, take whatever action at law or in equity as may appear necessary or desirable to collect from Lessor damages that Lessee has suffered from Lessor's Event of Default; or
C. to specifically enforce any obligation, covenant or agreement of Lessor, by an action for specific performance or by injunctive relief.
Remedies of Lessee. In the event Lessor shall breach or be in default in the performance of its covenants or obligations, and shall remain in default for a period of 30 days after written notice to it of such default, Lessee shall have the right and privilege of terminating this Lease and shall have all legal remedies for the recovery of damages suffered by it and shall not be liable for any rentals accruing after the date of termination.
Remedies of Lessee. In addition to such remedies as are described in other Sections and provisions of this Lease, upon the occurrence of any default by Lessor, after expiration of any applicable cure periods, Lessee shall have the right, at its election, then or at any time thereafter, to exercise any one or more of the following remedies:
(1) Make any payment or take any action to cure any such default by Lessor in such manner and to such extent as Lessee may in good xxxxx xxxx necessary or reasonable, and set off any such payment against rent or other payments otherwise owed Lessor.
(2) Terminate this Lease as of the date of the default by Lessor, or as of any later date specified in a written notice of termination to Lessor, without payment of any penalty, liquidated damages, or termination or other fee or penalty to Lessor.
(3) Commence an action to specifically enforce any of Lessor’s obligations under the Lease.
