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 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: Agreement (Medicore Inc)

Remedies of Lessee. In Upon the event occurrence of a default an Event of Default by Lessors, Xxxxxx has the remedies described below under the terms“Cure by Lessee”, covenants or conditions of this Lease on the part of the Lessorif applicable, 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 given the nature of the default Event of Default, and Xxxxxx has any other remedies available to Lessee at law or in equity. In addition, if the Event of Default by Lessors is of such a nature that it canthe Event of Default materially interferes with Xxxxxx's use or occupancy of the Premises, in Lessee's reasonable judgment, and Lessors fails to fully cure or eliminate the cause(s) of such Event of Default within 30 days following written notice from Lessee stating that such an Event of Default has occurred, then Lessee also has the right to terminate this Lease by giving Lessors a written Notice of Termination that Lessee must give at least ten days before the Expiration Date stated in such Notice of Termination. Upon the Expiration Date, this Lease comes to an end as fully and completely as if the Expiration Date stated in such notice were the Expiration Date originally fixed, provided, however, that Lessors remains liable for any breach of Lessors’s obligations under this Lease occurring before the date of termination. Cure by Lessee If Lessors fails to perform any obligation, agreement, or condition of Lessors under this Lease, including, but not be reasonably limited to, failing to make any required repairs or to provide any Building services, and if such failure interferes with Xxxxxx's use or occupancy of the Premises, in Lessee's reasonable judgment, and if Lessors does not cure such failure within 30 days after written notice from Lessee specifying the failure (or, for those failures that are incapable of being cured within said thirty (such 30) -days’ period, Lessor shall not be deemed if Lessors fails to be in default if it shall commence performance such cure within said thirty (30) day -days’ period and thereafter fails to diligently proceeds pursue such cure to so cure completion), Lessee, at Xxxxxx’s sole option, and without waiving or limiting any claim for damages, at any time thereafter has the default thereafter. If Lessor shall not cure or commence right to cure the said default within the thirty (30) day periodperform such obligation for Lessors, provided that Lessee has the option right to either terminate this Lease cure any such failure before the expiration of the waiting period described above (but after notice to Lessors, including telephonic notice) if the curing of such failure before the expiration of the waiting period is reasonably necessary to prevent injury to persons or property. If Xxxxxx makes any expenditure or incurs any obligation for the payment of money in order to cure Lessors’s failure to perform as aforesaid, such monies paid or obligations incurred, to the extent they are reasonable, are deemed paid or incurred on behalf of Lessors, and vacate the Space immediately without Xxxxxxx agrees to reimburse Lessee therefore or save Xxxxxx harmless there from. Lessee must deliver to Lessors an itemized statement of all costs that Lessee incurs to cure Lessors's failure to perform, together with copies of all bills, invoices, receipts, and other documents evidencing such costs. Lessors must promptly pay any further liability under the Lease and take whatever other lawful remedies that may be available to it upon such defaultoutstanding bills for labor, materials, or cure both, and, within 30 days of Xxxxxx’s demand, must reimburse Lessee for any amount that Xxxxxx pays on behalf of Lessors. If Xxxxxxx fails to reimburse Lessee within such period, Xxxxxx has the default and at Lessee's option right to deduct reasonable costs and expenses for such cure the amount from Rent the next 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 succeeding payments of the Lessor as provided in Rent due under 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: School Year 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, 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)

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 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)

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)

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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, 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, 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 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 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)

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