Common use of Tenant’s Remedies Clause in Contracts

Tenant’s Remedies. If any default hereunder by Landlord is not cured within the applicable cure period provided in Paragraph 19(c) (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. Tenant shall look solely to Landlord's interest in the Building (including, but not limited to, net proceeds obtained by Landlord from any sale of any portion of the Building) for the recovery of any judgment from Landlord. 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 judgement 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 judgement giving rise to such lien. Landlord's interest in the Project shall include any insurance proceeds received by Landlord which are not controlled by any Mortgagee or other lender. Tenant hereby waives the benefit of any Laws granting it (A) the right to perform Landlord's obligations, or (B) the right to terminate this Lease or withhold Rent on account of any Landlord default, including, without limitation, Sections 1932(1), 1941 and 1942 of the California Civil Code.

Tenant’s Remedies. If any default hereunder by Landlord is not cured within the applicable cure period provided in Paragraph 19(cSubparagraph 21(b) (including any Mortgagee's additional cure period)[Landlord’s Default], Tenant's ’s exclusive remedies shall be (i) an action for specific performance, performance or (ii) an action for actual damages. Tenant hereby waives the benefit of any laws granting it (A) the right to perform Landlord’s obligation, or (B) the right to terminate this Lease or withhold Rent on account of any Landlord default. Tenant shall look solely to Landlord's ’s interest in the Building (including, but not limited to, net proceeds obtained by Landlord from any sale of any portion of the Building) Parcel 2 for the recovery of any judgment from Landlord. Landlord, or if Landlord is a partnership partnership, its partners whether general or limited, or if Landlord is a corporation 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., i.e. a fraudulent conveyance); provided, however that any such judgement 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 Official Records of the county in which the Project is located Santa Xxxxx County after the date of the judgement giving rise to such lien. Notwithstanding the foregoing limitation of recourse to Landlord's ’s interest in the Project Parcel 2, Tenant shall include any insurance proceeds received by Landlord which are not controlled by any Mortgagee or other lender. Tenant hereby waives the benefit of any Laws granting it (A) have the right to perform Landlord's obligationsrecover from Landlord the full amount of the Letter of Credit or any other security deposit or letter of credit provided by Tenant to Landlord pursuant to this Lease, to the extent that it is drawn upon, retained, or (B) the right to terminate applied by Landlord in violation of this Lease or withhold Rent on account of any Landlord default, including, without limitation, Sections 1932(1), 1941 and 1942 of the California Civil CodeLease.

Tenant’s Remedies. If any default hereunder by Landlord is not cured within the applicable cure period provided in Paragraph 19(c19(b) (including any Mortgagee's ’s additional cure period), subject to Paragraph 7(a) Tenant's ’s exclusive remedies shall be (i) an action for specific performance, or (ii) an action for actual damages. Tenant shall look solely to Landlord's ’s interest in the Building (including, but not limited to, net proceeds obtained by Landlord from any sale of any portion of the Building) Project for the recovery of any judgment from Landlord. 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 judgement 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 judgement giving rise to such lien. Landlord's ’s interest in the Project shall include any insurance proceeds received by Landlord Landlord, which are not controlled by any Mortgagee or other lender. Tenant hereby waives the benefit of any Laws granting it (A) the right to perform Landlord's ’s obligations, or (B) the right to terminate this Lease or withhold Rent on account of any Landlord default, including, without limitation, Sections 1932(1), 1941 and 1942 of the California Civil Code.

Tenant’s Remedies. If any default hereunder by Landlord is not cured within the applicable cure period provided in Paragraph 19(c) (including any Mortgagee's additional cure periodSection 21(c), except as otherwise provided herein, Tenant's ’s exclusive remedies shall be (i) an action for specific performance, performance or (ii) an action for actual damages. Tenant hereby waives the benefit of any Laws granting it (i) the right to perform Landlord’s obligation, or (B) the right to terminate this Lease or withhold Base Rent, Additional Charges or Additional Rent on account of any Landlord default. Tenant shall look solely to Landlord's ’s interest in the Building (including, but not limited to, net proceeds obtained by Landlord from any sale of any portion of the Building) Project for the recovery of any judgment from Landlord. Landlord, or if Landlord is a partnership partnership, its partners whether general or limited, or if Landlord is a corporation limited liability company, its managers and members, 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 judgement 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 judgement giving rise to such lien. Landlord's ’s interest in the Project shall include rental income, any proceeds received by Landlord upon any sale, exchange or conveyance of all or any interest in the Project, any insurance proceeds received by Landlord to the extent that such proceeds are available to Landlord, any condemnation awards paid to Landlord, any payments by Tenant for Real Estate Taxes and Expenses which are were not controlled applied to the payment of said Real Estate Taxes and Expenses, and any rights of indemnity owed to Landlord by any Mortgagee insurance company. In no event shall the proceeds available to Tenant include the proceeds of any loan or other lenderborrowing. The provisions of this Section 21(d) shall not apply to Landlord’s obligation to fund the Tenant hereby waives Allowance pursuant to the benefit of any Laws granting it (A) the right to perform Landlord's obligations, or (B) the right to terminate this Lease or withhold Rent on account of any Landlord default, including, without limitation, Sections 1932(1), 1941 and 1942 of the California Civil CodeWork Letter.

Tenant’s Remedies. If any default hereunder by Landlord is not cured within the applicable cure period provided in Paragraph 19(c) (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. Tenant shall look solely to Landlord's interest in the Building Premises (including, but not limited to, net proceeds obtained by Landlord from any sale of any portion of the BuildingPremises) for the recovery of any judgment from Landlord. 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 judgement 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 judgement giving rise to such lien. Landlord's interest in the Project Premises shall include any insurance proceeds received by Landlord which are not controlled by any Mortgagee or other lender. Tenant hereby waives the benefit of any Laws granting it (A) the right to perform Landlord's obligations, or (B) the right to terminate this Lease or withhold Rent on account of any Landlord default, including, without limitation, Sections 1932(1), 1941 and 1942 of the California Civil Code.

Tenant’s Remedies. If any default hereunder by Landlord is not cured within the applicable cure period provided in Paragraph 19(c) (including any Mortgagee's additional cure periodSubparagraph 19(b), Tenant's ’s exclusive remedies shall be (i) an action for specific performance, performance or (ii) an action for actual damages. Tenant hereby waives the benefit of any laws granting it (A) the right to perform Landlord’s obligation, or (B) the right to terminate this Lease or withhold Rent on account of any Landlord default. Tenant shall look solely to Landlord's ’s interest in the Building (including, but not limited to, net proceeds obtained by Landlord from any sale of any portion of the Building) Project for the recovery of any judgment from Landlord. Landlord, or if Landlord is a partnership partnership, its partners whether general or limited, or if Landlord is a corporation 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 mortgage or deed of trust (excluding any Mortgage mortgage or deed of trust which was created as part of an effort to defraud creditors, i.e., a fraudulent conveyance); provided, however that any such judgement and any such levy of execution thereon shall not be subject or subordinated to any Mortgage mortgage or deed of trust that is shall have been created or recorded in the official records of the county in which the Project is located Santa Cxxxx County after the date of the judgement giving rise to such lien. Landlord's ’s interest in the Project shall include any insurance proceeds received by Landlord which are not controlled by Landlord’s tender and any Mortgagee or other lender. Tenant hereby waives proceeds of the benefit of any Laws granting it (A) the right to perform Landlord's obligations, or (B) the right to terminate Security Deposit under this Lease or withhold Rent on account of any Landlord default, including, without limitation, Sections 1932(1), 1941 and 1942 of the California Civil Codethat are then held by Landlord.

Tenant’s Remedies. If any default hereunder by Landlord is not cured within the applicable cure period provided in Paragraph 19(c20(b) (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. Tenant shall look solely to Landlord's interest in the Building Project (including, but not limited to, net proceeds obtained by Landlord from any sale of any portion of the BuildingProject, net insurance proceeds and condemnation awards) for the recovery of any judgment from Landlord. 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 judgement 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 judgement giving rise to such lien. Landlord's interest in the Project shall include any insurance proceeds received by Landlord which are not controlled by any Mortgagee or other lender. Tenant hereby waives the benefit of any Laws granting it (A) the right to perform Landlord's obligations, or (B) the right to terminate this Lease or withhold Rent on account of any Landlord default, including, without limitation, Sections 1932(1), 1941 and 1942 of the California Civil Code.