Tenant’s Remedies Clause Samples
The "Tenant’s Remedies" clause defines the actions and rights available to a tenant if the landlord fails to fulfill their obligations under the lease. Typically, this clause outlines the steps a tenant can take, such as providing written notice of the issue, allowing the landlord a period to cure the default, and, if unresolved, pursuing remedies like rent abatement, repair and deduct, or even lease termination. Its core function is to protect tenants by ensuring they have clear, enforceable options if the landlord breaches the lease, thereby promoting accountability and fairness in the landlord-tenant relationship.
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Tenant’s Remedies. Notwithstanding any other provision of this Lease, if any default hereunder by Landlord is not cured within the applicable cure period provided in Paragraph 20(c) or any other applicable cure period provided in this Lease (including any Mortgagee’s additional cure period), Tenant’s exclusive remedies shall be (i) an action for specific performance, or (ii) an action for actual damages. Notwithstanding any other provision of this Lease, the liability of Landlord to Tenant for any breach or default by Landlord under the terms of this Lease, or for any other matter related to this Lease or to the Premises or Project, shall be limited to Tenant’s actual direct, but not consequential, damages therefor, and any judgment against Landlord in connection therewith shall be recoverable only from the interest of Landlord in the Buildings. Tenant hereby waives any claim for damages for any disturbance, loss of business, nuisance, injury or inconvenience to or interference with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss arising from Landlord’s entry and acts pursuant to Paragraph 18 or otherwise with respect to any act, omission or breach of Landlord. Without limiting the preceding sentence, in no event shall Landlord be liable to Tenant for any consequential damages, including, without limitation, any losses arising from any interruption of Tenant’s business, or for lost profits, or for charges or expenses which continue but would have been earned if the business had gone on without interruption, or for any other loss, claim, cost, expense or damage which would be covered by a standard policy of business interruption insurance. Landlord, or if Landlord is a partnership its partners whether general or limited, or if Landlord is a corporation its directors, officers or shareholders, or if Landlord is a limited liability company its members or managers, shall never be personally liable for any such judgment. Any lien obtained to enforce such judgment and any levy of execution thereon shall be subject and subordinate to any Mortgage (excluding any Mortgage which was created as part of an effort to defraud creditors, i.e., a fraudulent conveyance); provided, however that any such judgment and any such levy of execution thereon shall not be subject or subordinated to any Mortgage that is created or recorded in the official records of the county in which the Project is located after the date of the judgment giving rise to s...
Tenant’s Remedies. In the event of default by the Landlord, Tenant shall have the option to cure said default. Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant in curing such default within thirty (30) days after invoice thereof by Tenant, together with reasonable evidence supporting such invoiced amount. Tenant shall also have any and all rights available under the laws of the state in which the demised premises are situated; provided, however, that any right of offset available to Tenant shall be subject to the provisions of Section 36 below.
Tenant’s Remedies. With respect to a request to perform any alterations or approve plans and specifications therefor or for any sublease or assignment for which Owner’s consent or approval is required, Tenant in no event shall be entitled to make nor shall Tenant make, any claim (and Tenant hereby waives any such claim) for money damages; nor shall Tenant claim any money damages by way set off, counterclaim or defense, based upon any claim or assertion by Tenant that Owner has unreasonably withheld or unreasonably delayed any consent or approval, but Tenant’s sole remedy shall be an action or proceeding in equity to enforce any such provision or for specific performance, injunction or declaratory judgment. Tenant will not seek to consolidate any claim or counterclaim in any summary proceeding brought by Owner for possession of the premises.
Tenant’s Remedies. Except as otherwise expressly provided herein, (a) in the event of any Landlord Default, Tenant’s sole and exclusive remedies for any such failure shall be an action for money damages, specific performance and/or injunctive relief, and (b) in no event shall Tenant have the right to terminate the Lease nor shall Tenant’s obligation to pay Base Rent or other charges under this Lease ▇▇▇▇▇ based upon any default by Landlord of its obligations under the Lease. In that connection, Tenant hereby expressly waives any right conveyed to Tenant by virtue of any law granting Tenant a lien upon the property of Landlord and/or upon rental due to Landlord or granting Tenant a right to withhold Rent and/or terminate this Lease.
Tenant’s Remedies. Upon the occurrence of an event of default by Library hereunder, Tenant may, at its option, but shall not be obligated to do so, remedy such default or cause such default to be remedied, provided that (i) Tenant notifies Library of the default in writing, (ii) Library does not dispute the default, and (iii) Library's default continues for a period of thirty (30) days after the date of notice. If Library disputes Tenant’s notice of default, Library shall provide Tenant with written notice setting forth the basis of such dispute. All reasonable sums expended or reasonable obligations incurred by Tenant in connection with any such remedy shall be promptly reimbursed to Tenant by Library. If Library fails to pay such bills within ninety (90) days after receipt thereof, Tenant may, in addition to any other right or remedy that Tenant may have, deduct such amount from subsequent installments of Base and Additional Rents.
Tenant’s Remedies. The obligations and liability of Landlord to Tenant for any default by Landlord under the terms of this Lease are not personal obligations of Landlord or of the individual or other partners of Landlord or its or their partners, directors, officers, or shareholders, and Tenant agrees to look solely to Landlord's interest in the Project for the recovery of any amount from Landlord, and shall not look to other assets of Landlord nor seek recourse against the assets of the individual or other partners of Landlord or its or their partners, directors, officers or shareholders. Any lien obtained to enforce any such judgment and any levy of execution thereon shall be subject and subordinate to any lien, mortgage or deed of trust on the Project.
Tenant’s Remedies. Except to the extent expressly provided herein, no event or occurrence during the Lease Term is intended to allow Tenant the right to surrender or terminate this Lease or to relieve Tenant from any of its obligations hereunder, and Tenant waives any rights now or hereafter conferred upon it by statute or otherwise (except for rights conferred herein) to surrender or terminate this Lease or to claim any abatement or suspension of Rent or other sums payable hereunder.
Tenant’s Remedies. Tenant may bring a separate action against Landlord for any claim Tenant may have against Landlord under this Lease, provided Tenant shall first give written notice thereof to Landlord and shall afford Landlord a reasonable opportunity to cure any such default. In addition, Tenant shall send notice of such default by certified or registered mail, postage prepaid, to the holder of any mortgage or deed of trust covering the Demised Premises or any portion thereof of Whose address Tenant has been notified in writing, and shall afford such holder a reasonable opportunity to cure any alleged default on Landlord's behalf. In no event will Landlord be responsible for any damages incurred by Tenant, including, but not limited to, loss of profits or interruption of business as a result of any default by Landlord hereunder.
Tenant’s Remedies. Upon the occurrence of any breach or default by Landlord in the performance of its duties and obligations under the Lease, and upon notice by Tenant to Landlord allowing Landlord a 15-day period in which to cure, or use its best efforts to diligently pursue a cure of, such breach or default, Tenant may exercise any rights and enforce any remedies available to Tenant under the Lease or at law or in equity, including, without limitation, the right to: (i) perform Landlord’s unperformed duties and obligations, in which event Landlord shall promptly reimburse Tenant for all costs and expenses incurred in connection with Tenant’s cure or attempted cure of Landlord’s obligations, including reasonable attorneys’ fees, or Tenant may set off rent against such costs and expenses, (ii) recover from Landlord all of Tenant’s costs incurred and damages suffered as a result of Landlord’s breach, and/or (iii) terminate this Lease, in which event: (a) Landlord shall pro-rate and refund to Tenant any unearned Base Rent and Additional Rent as of the date of termination of the Lease, (b) Landlord shall return the Security Deposit to Tenant, (c) Tenant shall remove its property and assets, including fixtures, trade fixtures, and personal property, and (d) neither Landlord nor Tenant shall have any further obligations to the other, except for those obligations that survive a termination of the Lease.
Tenant’s Remedies. In the event a repair is not completed within seven (7) days from the request date by the Tenant, the Tenant may: (check all that apply)