Tenant Remedies. Notwithstanding anything to the contrary in this Lease, if Tenant claims that Landlord has unreasonably withheld, conditioned, or delayed its consent under this Paragraph 22 or otherwise has breached or acted unreasonably under this Paragraph 22, Tenant’s remedies shall be declaratory judgment and an injunction for the relief sought, and/or an action for compensatory monetary damages, and Tenant hereby waives all other remedies, including, without limitation, any right provided under California Civil Code Section 1995.310 or other Applicable Laws to terminate this Lease.
Tenant Remedies. (a) Notwithstanding any contrary provision of this Lease, in the event that there is a water leak into the Tenant's server room, for a reason not caused by the acts of Tenant ("Water Leak"), Tenant shall promptly provide written notice of a Water Leak as set forth in Section 8(c) below ("Water Leak Notice"). If the Water Leak Notice is delivered to Landlord during Building Hours, Landlord shall have four (4) hours to commence curing said Water Leak and shall thereafter diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. If the Water Leak Notice is delivered to Landlord outside of Building Hours, Landlord shall have until the next business day, but in no event longer than eight (8) hours, to commence curing said Water Leak and shall diligently pursue such cure to completion using commercially reasonable efforts, subject to Force Majeure Events. In the event that the Landlord fails to commence the cure of a Water Leak within the applicable cure commencement period as extended by Force Majeure Events, Tenant shall be entitled to undertake such commercially reasonable efforts as are reasonably necessary to cure the Water Leak. Subject to the rights of other tenants in the Building, Tenant shall have the right to enter such portions of the Building as may be reasonably required to effectuate any reasonable cure of such Water Leak, provided that (i) Tenant shall use all reasonable efforts to include the Building manager or Building personnel in connection with the entry into any portions of the Building outside of the Premises, and (ii) Tenant shall repair any damage caused by any such repair activities of Tenant and shall indemnify and hold Landlord harmless from any claims, including any related attorneys fees, by other tenants in the Building for damage to persons or property resulting from such activities of Tenant. Tenant shall be entitled to reimbursement for the sums reasonably expended by Tenant to effectuate such cure within thirty (30) days after submitting a written invoice of said sums to Landlord. If Landlord fails to reimburse Tenant within said thirty (30) days, Tenant shall be entitled to offset said sums from its Base Monthly Rental; provided that, if Landlord disputes the amount of such claim for reimbursement, Landlord shall give Tenant written notice of such dispute prior to the end of such thirty (30) day period in which event Landlord and Tenant shall meet and confer on not less ...
Tenant Remedies. In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord. If the tenant's rent payment to the landlord is subsidized in whole or in part by a governmental entity, the civil penalty granted under this section shall reflect the fair market rent of the leased premises plus $500. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Tenant Remedies. Upon the occurrence of any default by Landlord, Tenant shall, except as otherwise expressly provided herein, have all rights and remedies provided hereunder and by law from time to time; provided, however, that Tenant shall in no event have the right to terminate this Lease except as expressly provided herein or as provided by law.
Tenant Remedies. Notwithstanding anything to the contrary in this Lease, if Tenant claims that Landlord has unreasonably withheld or delayed its consent under this Article 8 or otherwise has breached or acted unreasonably under this Article 8, Tenant’s sole remedy shall be declaratory judgment and an injunction for the relief sought without any monetary damages, and Tenant hereby waives all other remedies, including any right provided under California Civil Code Section 1995.310 or other Applicable Requirements to terminate this Lease.
Tenant Remedies. Upon the occurrence of any default by Landlord, Tenant shall, except as otherwise expressly provided herein, have any and all other rights provided a tenant at law or in equity, including, but not limited to, those remedies provided for by laws, statutes, ordinances, governmental regulations or requirements of the United States, the State in which the Building is located or any local government authority or agency or any political subdivision thereof, now or hereafter in effect, for breach of a lease by a landlord; provided, however, that Tenant shall in no event have the right to terminate this Lease except as expressly provided herein or as provided by law.
Tenant Remedies. Tenant’s sole remedy for a County Default shall be against the County’s interest in the Premises (including, without limitation, proceeds from the sale of the Premises, condemnation awards to which County is entitled under the terms of the Lease and proceeds from insurance policies that County maintains under the Lease) and includes only the right to damages and/or injunctive relief (collectively, “Tenant Remedies”), and in no event shall Tenant have the right to terminate this Lease or to rent abatement hereunder.
Tenant Remedies. Upon the occurrence and during the continuance of a Landlord Event of Default, with or without notice or demand, except such notice as may be required by statute and cannot be waived by Landlord and such notice as is specifically required by the terms of this Lease (all other notices being hereby waived), this Lease shall remain in full force and effect, Tenant shall be entitled to remain in possession of the Leased Property hereunder and shall remain obligated and liable for Tenant’s obligations hereunder (subject to Tenant’s offset rights set forth below), and Tenant shall have and may exercise the following remedies, concurrently, successively, or in any combination, Tenant hereby waiving all other rights and remedies to which Tenant may be entitled at law or in equity:
Tenant Remedies. (a) Except as otherwise set forth herein, in the event of any default by Landlord as defined herein, Landlord shall be responsible to Tenant for any and all damages, other than consequential and/or punitive damages, sustained by Xxxxxx as a result proximately caused by reason of Landlord's breach. With respect to defaults by Landlord which do not involve structural repairs to the building of which the Premises are a part, or any other portion of the Center, if Landlord does not cure such default within the time specified in Section 27.1, then Tenant shall have the right to cure any such default, with no right of offset, and Landlord shall reimburse Tenant for the reasonable costs and expenditures incurred by Tenant in connection therewith, including but not limited to attorneys' fees incurred to cure such default or breach of Lease. Tenant shall have no right to terminate this Lease and Xxxxxx's remedies shall be limited to monetary damages, except as otherwise specifically provided herein. Nothing herein contained shall be interpreted to mean that Xxxxxx is excused from paying Rent due hereunder as a result of any default by Landlord.
(b) Notwithstanding anything in this Lease to the contrary, Xxxxxx hereby agrees that the obligations of Landlord under this Lease or any matters arising hereunder do not constitute personal obligations on the part of Landlord's members, partners or beneficiaries or any successors in interest. Tenant shall look solely to the equity (which for the purposes of this Section 27.2(b), shall not exc eed, in any event, twenty percent (20%) of the then fair-market value of the Center) of Landlord in the Center and to no other assets of such Landlord for the satisfaction of any remedies which Tenant may have against such Landlord or its successors under this Lease.
Tenant Remedies. If Landlord fails to perform any maintenance or repair required to be performed by Landlord under Sections 4.05(d) or 6.03 of this Lease within ten (10) business days from Landlord's receipt of written notice thereof from Tenant which specifies the condition requiring maintenance or repair and declares that it is delivered pursuant to this Section 15.03 (the "Tenant's Repair Notice") and as a result Tenant's ability to conduct its business in the Premises is materially impaired, then Tenant shall be entitled to cause such repairs to me made and to offset rent in the amount of the reasonable out-of-pocket costs it incurs in making such repairs (provided that such costs are properly documented by Tenant with copies of such documentation being promptly provided to Landlord) until Tenant recovers all such costs, provided that in no event shall Tenant make offsets for any claims with value in excess of $50,000 without obtaining a final court order. The remedies set forth in this Section shall be in addition to any rights available to Tenant at law or equity, but in no event shall Tenant have the right to terminate this Lease. If Landlord is unable to correct the breach of any representation or warranty which is untrue when made within the time permitted in Section 15.02(d), Tenant may elect to prosecute a claim against Landlord for all out-of-pocket, direct (but not consequential) damages which it sustains as a direct result of any such breach by Landlord. [The remainder of this page left blank intentionally.] Initials: ________ ________ Landlord and Tenant have signed this Lease at the place and on the dates specified adjacent to their signatures below and have initialed all Riders which are attached to or incorporated by reference in this Lease. "LANDLORD" Gazelle, LLC, an Alabama limited liability company Sworn to and subscribed before me By: Graham & Company, Inc., its Manager this _____ day of _________,2000. Xy: ______________________________________ _________________________________ Its: ____________________________________ Notary Public My commission expires:___________ Signed on __________________________, 2004 [NOTARIAL SEAL] at _______________________________________ "TENANT" D&K Healthcare Resources Inc., a Delaware Corporation Sworn to and subscribed before me this _____ day of _________,2004. By: ______________________________________ _________________________________ Its: ____________________________________ Notary Public My commission expires:__...
