Common use of Remedies of Lessee Clause in Contracts

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.

Appears in 2 contracts

Samples: Lease Agreement (Dialysis Corp of America), Lease Agreement (Dialysis Corp of America)

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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 him upon such default, or upon fifteen (15) days written notice to Lessor, cure the default 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.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

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 other- wise the responsibility of the Lessor as provided in this Lease, but due to the emergent circumstances and after attempting to immediately contact the Lessorcircumstances, Lessee makes such repairs, the cost thereof shall be a deduction from the Rent rent accruing for the month following the date of such repair. Where practicable, such emergency repairs shall be approved by Lessor in advance. However, should prior approval not be practicable, Lessee shall be authorized to proceed with said repairs immediately but shall advise Lessor as soon as possible that such repairs have been undertaken and the nature and extent of same.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

Remedies of Lessee. In the event of a default under the termsLessor's failure to materially comply with any term, covenants covenant or conditions condition of this Lease on the part of the LessorLease, which shall include including but not be limited to unreasonably withholding consents, failure to maintain facilities for the introduction of water, gas, and electric into to the SpacePremises, failure to maintain the Space Premises and the Building as required herein, failure to use due care with respect to the persons and property of Lessee, failure of Lessor's warranties hereunder, including Lessor's warranty as to the good operating condition of the services to the Premises, and otherwise interfering with, whether negligently or intentionally, the business of Lessee and its peaceable and quiet enjoyment of the SpacePremises for the Term and any Renewal Period, 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 Premises 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.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

Remedies of Lessee. In the event of a default under the terms, covenants or conditions of this Lease on the part of the Lessor, 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 to the SpacePremises, failure to maintain the Space Premises as required herein, failure to use due care with respect to the persons and property of Lessee, failure of Lessor's warranties as to the good operating condition of the services to the Premises, and otherwise interfering with, whether negligently or intentionally, the business of Lessee and its peaceable and quiet enjoyment of the SpacePremises for the Term and any Renewal Period, 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 Premises 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 Lessorcircumstances, Lessee makes such repairs, the cost thereof shall be a deduction from the Rent accruing for the month following the date of such repair.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

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 utilities to the Space, failure to maintain the Building and the Space as required hereinin this Lease, failure to use due care with respect to the persons Lessee and property of Lessee's Agents and their property, and otherwise interfering with, whether negligently or intentionally, the business of the Lessee and or its peaceable and quiet enjoyment of the SpaceSpace for the Term and any Renewal Period, 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 limited remedies that may be available to it upon such default, or cure the default and at Lessee's option deduct reasonable the costs and expenses for such cure from Rent or Additional 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 Lessorcircumstances, Lessee makes such repairsrepairs which it is entitled to do, the cost thereof of such emergent repairs shall be at Lessee's option a deduction from the Rent accruing for the month following the date of such repairor Additional Rent or otherwise be immediately reimbursed by Lessor.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

Remedies of Lessee. In the event of a default under the terms, covenants or conditions of this Lease on the part of the Lessor, Lessor which shall include but not be limited to unreasonably withholding consents, failure to maintain facilities facil- ities for the introduction of water, gas, and electric into the Space, failure to maintain the Building and the Space as required herein, failure to use due care with respect to the persons and property of Lessee, failure of Lessor's warranties as to the good operating condi- tion of the services to the Space, and otherwise interfering with, whether negligently or intentionally, the business of Lessee and its peaceable and quiet enjoyment of the SpaceSpace for the Term or any Renewal Term, 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 Additional 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 Lessorcircumstances, Lessee makes such repairs, the cost thereof shall be a deduction from the Rent and Additional Rent accruing for the month following the date of such repair.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

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Remedies of Lessee. In the event of a default under the terms, covenants or conditions of this Lease lease on the part of the Lessor, Landlord which shall include but not be limited to unreasonably withholding consentsto, failure to maintain facilities for the introduction of water, gas, water and electric into the Spacepremises, failure to maintain the Space premises 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 Tenant and its peaceable and quiet enjoyment of the Spacepremises for the term or any renewal period, Lessee Tenant shall notify Lessor Landlord in writing of said default and Lessor Landlord 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 thereaftercure. If Lessor Landlord shall not cure or commence to cure the said default within the thirty (30) day period, Lessee Tenant has the option to either terminate this Lease lease and vacate the Space premises immediately without any further liability under the Lease lease and take whatever other lawful remedies that may be available to it upon such default, or cure the default and at LesseeTenant's option deduct reasonable costs and expenses for such cure from Rent rent or additional rent or any other amounts accrued hereunder due, or otherwise be immediately reimbursed by LessorLandlord. Should there be a need to make any emergency repairs which were otherwise the responsibility of the Lessor Landlord as provided in this Leaselease, but due to the emergent circumstances circumstances, Tenant shall provide prompt notice to Landlord of the nature of the emergent repairs, and after attempting Landlord shall have the option to promptly make such emergent repairs or immediately contact the Lessor, Lessee notify Tenant to have Tenant make such repairs. If Tenant makes such repairs, the cost thereof shall be a deduction from the Rent rent and additional rent accruing for the month following the date of such repair. Failure of Landlord to adequately make such emergent repairs promptly with due regard to the emergent circumstances after Tenant's notice or to have opted to immediately notify Tenant to make such emergent repairs shall be a breach of this lease, and Tenant has the option to terminate the lease on five (5) days notice to Landlord.

Appears in 1 contract

Samples: Business Lease (Medicore Inc)

Remedies of Lessee. In the event of a default under the terms, covenants or conditions of this Lease on the part of the Lessor, 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 Hospital and the Space as required herein, failure to use due care with respect to the persons and property of Lessee, failure of Lessor's warranties as to the good operating condition of the services to the Space, and otherwise interfering with, whether negligently or intentionally, the business of Lessee and its peaceable and quiet enjoyment of the SpaceSpace for the Term, 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 Lessorcircumstances, Lessee makes such repairs, the cost thereof shall be a deduction from the Rent accruing for the month following the date of such repair.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

Remedies of Lessee. In Upon the event occurrence and continuance of an Event of Default by Xxxxxx, Lessee may, after giving Xxxxxx a default under the termsthirty (30) day written notice, covenants except as modified as set forth herein, exercise one or conditions of this Lease on the part more of the Lessorfollowing remedies: 1.34.1 If any Event of Default by Lessor results in a material disruption in Lessee's business operations at the Premises of longer than twenty-four (24) hours, which shall include but not be limited and/or poses a risk of material injury or damage to unreasonably withholding consents, failure to maintain facilities for the introduction of water, gaspersons or property, 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 has notified Lessor of the Space, Lessee shall notify Lessor disruption in writing of said default and Lessor shall have Lessee’s operations and/or risk with a reasonable request to cure within a shorter time period than thirty (30) days as to ensure that Lessee does not continue to experience disruption in their operations or further risk of damage, and Xxxxxx fails to cure or commence within the time period stated in said notice, then Lessee may cure, with written notice to cure said default; provided that if the nature Lessor, the Event of Default, at Lessor’s sole cost and expense in accordance with the following: a. Lessor shall reimburse Lessee for reasonable costs and expenses, including but not limited to costs incurred due to a temporary relocation of Lessee in connection with Lessee curing the Event of Default together with interest on the amount of such costs and expenses at a rate of 10 percent (10%) per annum from the date such costs and expenses were incurred. Such reimbursement shall be made within ten (10) days after Xxxxxx receives an invoice from Lessee detailing the costs and expenses of the default is such that it cancure. If Xxxxxx fails to pay the Lessee the full amount, as evidenced in the invoice from Lessee, within ten (10) days after receipt of the invoice, then Lessee shall have the right to set off the full amount due to Lessee against the Rent. Lessor shall continue to be liable to Lessee for any amounts Lessee elects not to offset against rent. b. Lessee shall not be reasonably cured within said liable to Lessor for the manner in which Xxxxxx performs Lessor’s obligations under this paragraph; and Lessor releases Lessee of any liability of any nature related to such performance. Xxxxxx’s performance of a Lessor obligation under this paragraph shall not relieve Xxxxxx from thereafter performing that obligation. 1.34.2 Terminate this Lease and the tenancy created hereby. 1.34.3 Xxxxx payment of Rent for as long as the Event of Default remains in effect. After corrective action has been completed by Lessor, Lessee shall pay Lessor the withheld Rent less any costs and expenses, including but not limited to, costs incurred for any and all temporary relocation(s) of Xxxxxx as a result of the Event of Default suffered by Xxxxxx. Additionally, Xxxxxx, in its sole discretion, may permanently xxxxx the value of the service(s) not provided by Xxxxxx. 1.34.4 The thirty (30) daysday notice requirement imposed by Xxxxxx in this paragraph does not apply where the Event of Default results in Xxxxxx's vacating the Premises. In such an event, Lessor shall not be deemed to be in default if it shall commence performance within said the Lessor's thirty (30) day period and diligently proceeds to so cure the default thereafter. If Lessor shall not cure or commence to cure begins immediately upon the said occurrence of the Event of Default notwithstanding that Xxxxxx's written default notice may be sent after the occurrence of the Event of Default. 1.34.5 Lessee, in its sole discretion, may immediately and permanently xxxxx Rent for the period Xxxxxx is constructively evicted from the Premises. 1.34.6 Notwithstanding any other provision of this Lease, Lessee in its sole discretion may terminate this Lease and the tenancy created hereby in the event there are three (3) or more Events of Default within the thirty any three-hundred sixty- five- (30365) day period, regardless of whether Lessor cures the defaults in accordance with this paragraph. 1.34.7 The Remedies of 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 set forth in this Lease, but due to the emergent circumstances and after attempting to immediately contact the Lessor, Lessee makes such repairs, the cost thereof paragraph shall be a deduction from the Rent accruing in addition to all other remedies available at law or equity to Lessee for the month following the date of such repairany default by Lessor under this Lease.

Appears in 1 contract

Samples: Lease Agreement

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) 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) 30 days, Lessor shall not be deemed to be in default if it shall commence performance within said thirty (30) 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) 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 Lessorcircumstances, Lessee makes such repairs, the cost thereof shall be a deduction from the Rent accruing for the month following the date of such repair. Where practicable, such emergency repairs shall be approved by Lessor in advance. However, should prior approval not be practicable, Lessee shall be authorized to proceed with said repairs immediately but shall advise Lessor as soon as possible that such repairs have been undertaken and the nature and extent of same.

Appears in 1 contract

Samples: Lease Agreement (Dialysis Corp of America)

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