Common use of Tenant’s Remedies Clause in Contracts

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, Add-ons or other charges under this Lease xxxxx based upon any default by Landlord of its obligations under the Lease. 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. In the event of any Landlord Default, Tenant, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentence, Tenant shall be entitled to set off all such amounts as shall be due to Tenant from the next payments of Rent due to be paid to Landlord under this Lease.

Tenant’s Remedies. Except as otherwise In the event that Landlord shall default in the performance of any covenant, condition or other provision of this Lease, and such default remains uncured beyond any applicable cure period expressly provided hereinherein or, if no such cure period is provided, beyond thirty (a30) days from and after the date Landlord receives notice. Of Such default (or such longer period as may be reasonably required to cure such default with the exercise of due diligence and best efforts so long as Landlord promptly commences and diligently pursues such cure without interruption) (except in the event case of emergency, in which case Tenant shall not be obligated to give Landlord notice and opportunity to cure), Tenant may, at its option, without waiving any claim for breach of Landlord's obligations, cure such default for Landlord Default, at Landlord's expense. Landlord shall reimburse Tenant upon Tenant’s sole 's demand all costs and exclusive remedies for any expenses incurred by Tenant in curing Landlord's default. All such failure sums not reimbursed to Tenant on demand shall be an action for money damages, specific performance and/or injunctive reliefaccrue interest at the highest rate permitted by law, and (b) in no event shall may be offset by Tenant have the right to terminate the Lease nor shall Tenant’s obligation to pay Base Rent, Add-ons or other charges against rental payments due under this Lease xxxxx based upon any default by Landlord of its obligations under the Lease. 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. In the event of any breach or threatened breach by Landlord Defaultof any of the covenants, Tenantagreements, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, terms or conditions contained in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentencethis Lease, Tenant shall be entitled to set off all enjoin such amounts as breach or threatened breach and shall be due have the right to Tenant from the next payments of Rent due to be paid to Landlord under this Leaseinvoke any right and remedy allowed at law or in equity or by statute or otherwise.

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, Add-ons Rent or other charges under this Lease xxxxx based upon any default by Landlord of its obligations under the Lease. 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. In the event of any Landlord Default, Tenant, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentence, Tenant shall be entitled to set off all such amounts as shall be due to Tenant from the next payments of Rent due to be paid to Landlord under this Lease.

Tenant’s Remedies. Except as otherwise expressly provided herein, (a) in the event The liability of any Landlord Default, Tenant’s sole and exclusive remedies to Tenant 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, Add-ons or other charges under this Lease xxxxx based upon any default by Landlord under the terms of this Lease are not personal obligations of the individual or other partners, directors, officers and shareholders of Landlord, 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, directors, officers, and shareholders of Landlord. 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. The foregoing shall not be a limitation on Tenant's right to exercise any equitable remedies to which it is entitled or other remedies expressly granted to Tenant under this Lease. It is agreed that if Landlord fails to perform any of its obligations under hereunder and such failure continues beyond the Lease. Tenant hereby expressly waives any right conveyed time reasonably necessary 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. In the event of any Landlord Default, Tenant, after [***] days’ advance cure same following written notice of its intention from Tenant to do soLandlord, shall have the right Tenant may take such actions as are necessary to remedy cure such failure. Landlord Default on Landlord’s behalf, in which event Landlord shall agrees to reimburse Tenant within [***] days after invoice therefor upon demand for all reasonable costs and expenses actually incurred sums expended by Tenant in connection therewith. If curing Landlord's failure, together with interest thereon at the maximum non-usurious rate permitted by applicable law; provided, however, if Landlord fails to reimburse Tenant within the time period specified in the preceding sentencefor such amounts, Tenant shall be entitled to set off all such amounts as shall be may offset same against rent due to Tenant from under the next payments of Rent due to be paid to Landlord under this Lease.

Tenant’s Remedies. Except Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within thirty (30) days after written notice from Tenant specifying such failure [unless such performance will, due to the nature of the obligation, require a period of time in excess of thirty (30) days, then after such period of time as is reasonably necessary, so long as Landlord commences the cure within the original thirty (30) day period and diligently prosecutes the same thereafter]. All obligations of Landlord hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided hereinin this Lease, (a) Tenant may not terminate this Lease for breach of Landlord's obligations hereunder. Subject to the terms and conditions of Section 39, all obligations of Landlord under this Lease shall be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term "Landlord" in this Lease shall mean only the owner, for the time being of the Premises, and in the event of any the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord Defaultthereafter accruing, Tenant’s sole and exclusive remedies for any but such failure obligations 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 binding during the Lease nor shall Tenant’s obligation to pay Base Rent, Add-ons or other charges under this Lease xxxxx based Term upon any default by Landlord each new owner for the duration of its obligations under the Lease. 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. In the event of any Landlord Default, Tenant, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentence, Tenant shall be entitled to set off all such amounts as shall be due to Tenant from the next payments of Rent due to be paid to Landlord under this Leaseowner's ownership.

Tenant’s Remedies. Except Landlord shall not be in default hereunder unless ----------------- Halliburton Company Agreement and Plan of Recapitalization Appendix V-14 Landlord fails to perform any of its obligations hereunder within thirty (30) days after written notice from Tenant specifying such failure (unless such performance will, when, due to the nature of the obligation, require a period of time in excess of thirty (30) days, then after such period of time as is reasonably necessary). This shall not limit Tenant's rights to cure Landlord's default and offset Rent or to obtain an equitable abatement of Rent, all as otherwise expressly provided hereinfor in this Lease. All obligations of Landlord hereunder shall be construed as covenants, (a) not conditions; and except as may be otherwise expressly provided in this Lease Agreement, Tenant may not terminate this Lease Agreement for breach of Landlord's obligations hereunder All obligations of Landlord under this Lease Agreement will be binding upon Landlord only during the period of ownership of the Leased Premises by Landlord and not thereafter. Any liability of Landlord under this Lease Agreement shall be limited solely to Landlord's interest 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 reliefLeased Premises, and (b) in no event shall any personal liability be asserted against Landlord in connection with this Lease Agreement nor shall Tenant have the right to terminate the Lease nor shall Tenant’s obligation to pay Base Rent, Add-ons any recourse against any other property or other charges under this Lease xxxxx based upon any default by Landlord assets of its obligations under the Lease. 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. In the event of any Landlord Default, Tenant, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentence, Tenant shall be entitled to set off all such amounts as shall be due to Tenant from the next payments of Rent due to be paid to Landlord under this Lease.

Tenant’s Remedies. Except Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within thirty (30) days after written notice from Tenant specifying such failure (unless such performance will, due to the nature of the obligation, require a period of time in excess of thirty (30) days, then after such period of time as otherwise expressly provided hereinis reasonably necessary). All obligations of Landlord hereunder shall be construed as covenants, (a) not conditions. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term "Landlord" in this Lease shall mean only the owner, for the time being of the Premises, and in the event of any the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord Defaultthereafter accruing, Tenant’s sole and exclusive remedies for any but such failure obligations shall be an action binding during the Lease Term upon each new owner for money damages, specific performance and/or injunctive reliefthe duration of such owner's ownership. Any liability of Landlord under this Lease shall be limited solely to its interest in the Premises, and (b) in no event shall Tenant have the right to terminate the any personal liability be asserted against Landlord in connection with this Lease nor shall Tenant’s obligation any recourse be had to pay Base Rent, Add-ons any other property or other charges under this Lease xxxxx based upon any default by Landlord assets of its obligations under the Lease. 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. In the event of any Landlord Default, Tenant, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentence, Tenant shall be entitled to set off all such amounts as shall be due to Tenant from the next payments of Rent due to be paid to Landlord under this Lease.

Tenant’s Remedies. Except Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within thirty (30) days after written notice from Tenant specifying such failure (unless such performance will, due to the nature of the obligation, require a period of time in excess of thirty (30) days, then after such period of time as is reasonably necessary). All obligations of Landlord hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided hereinin this Lease, (a) Tenant may not terminate this Lease for breach of Landlord's obligations hereunder. Subject to the terms and conditions of Section 40, all obligations of Landlord under this Lease shall be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The term "Landlord" in this Lease shall mean only the owner, for the time being of the Premises, and in the event of any the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord Defaultthereafter accruing, Tenant’s sole and exclusive remedies for any but such failure obligations 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 binding during the Lease nor shall Tenant’s obligation to pay Base Rent, Add-ons or other charges under this Lease xxxxx based Term upon any default by Landlord each new owner for the duration of its obligations under the Lease. 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. In the event of any Landlord Default, Tenant, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentence, Tenant shall be entitled to set off all such amounts as shall be due to Tenant from the next payments of Rent due to be paid to Landlord under this Leaseowner's ownership.

Tenant’s Remedies. Except as otherwise expressly provided hereinIf Landlord shall fail to perform any provision or covenant of this Lease upon Landlord’s part to be performed, and upon receiving written notice from Tenant of said failure, and thereafter Landlord does not correct the failure within thirty (30) days after receipt of said notice, Tenant may declare Landlord in default, and may exercise any one or more of the remedies available at law or in equity, including the following remedies available to Tenant: (a) in Tenant may undertake to correct Landlord’s default and deduct from the event next Rent payments due Landlord under this Lease an amount equal to the reasonable cost of any Landlord Defaultcorrecting the default; (b) Tenant may commence an action to enforce Landlord’s obligations under the Lease by specific performance, Tenant’s sole and exclusive remedies for any such failure shall be and/or seek to obtain injunctive relieve as provided by law; (c) Tenant may commence an action for money damages, specific performance and/or injunctive relief, and damages incurred by Tenant as a result of Landlord’s default under the Lease; (bd) in no event shall Tenant have the right to may terminate the Lease nor shall upon written notice to Landlord so long as such default remains uncured, but only if the nature of Landlord’s default under the Lease is so serious that it unreasonably interferes with Tenant’s obligation to pay Base Rent, Add-ons or other charges under use and enjoyment of the Premises for the purpose specified in this Lease xxxxx based upon for in excess of thirty (30) consecutive days. Notwithstanding the foregoing, Landlord shall not be declared in default as to any default by failures which would reasonably require more than thirty (30) days after receive of such notice to correct, so long as Landlord of its obligations under the Leasecommences to cure during said thirty (30) day period and thereafter diligently pursues such cure to completion. Tenant hereby expressly waives any right conveyed Landlord shall also pay 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. In the event of any Landlord Default, Tenant, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs attorneys’ fees and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentence, Tenant shall be entitled to set off all such amounts as shall be due to Tenant from the next payments enforcing any of Rent due to be paid to Landlord Landlord’s obligations under this LeaseLease upon any Landlord default.

Tenant’s Remedies. Except as otherwise In the event that Landlord shall default in the performance of any covenant, condition or other provision of this Lease, and such default remains uncured beyond any applicable cure period expressly provided hereinherein or, if no such cure period is provided, beyond thirty (a30) days from and after the date Landlord receives notice of such default (or such longer period as may be reasonably required to cure such default with the exercise of due diligence and best efforts so long as Landlord promptly commences and diligently pursues such cure without interruption) (except in the event case of emergency, in which case Tenant shall not be obligated to give Landlord notice and opportunity to cure), Tenant may, at its option, without waiving any claim for breach of Landlord's obligations, cure such default for Landlord Default, at Landlord's expense. Landlord shall reimburse Tenant upon Tenant’s sole 's demand all costs and exclusive remedies for any expenses incurred by Tenant in curing Landlord's default. All such failure sums not reimbursed to Tenant on demand shall be an action for money damages, specific performance and/or injunctive reliefaccrue interest at the highest rate permitted by law, and (b) in no event shall may be offset by Tenant have the right to terminate the Lease nor shall Tenant’s obligation to pay Base Rent, Add-ons or other charges against rental payments due under this Lease xxxxx based upon any default by Landlord of its obligations under the Lease. 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. In the event of any breach or threatened breach by Landlord Defaultof any of the covenants, Tenantagreements, after [***] days’ advance written notice of its intention to do so, shall have the right to remedy such Landlord Default on Landlord’s behalf, terms or conditions contained in which event Landlord shall reimburse Tenant within [***] days after invoice therefor for all reasonable costs and expenses actually incurred by Tenant in connection therewith. If Landlord fails to reimburse Tenant within the time period specified in the preceding sentencethis Lease, Tenant shall be entitled to set off all enjoin such amounts as breach or threatened breach and shall be due have the right to Tenant from the next payments of Rent due to be paid to Landlord under this Leaseinvoke any right and remedy allowed at law or in equity or by statute or otherwise.