Constructive Eviction. Lessee shall not be entitled to claim a constructive eviction for any cause unless Lessee shall have notified Lessor in writing of the condition or conditions given rise to such claim and, if the complaint be justified, and unless Lessor shall have failed within a reasonable time after receipt of such notice to commence remedying such conditions. The holder of the first mortgage shall have the right, but not the obligation, to cure the default.
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Sources: Office Lease, Office Lease
Constructive Eviction. Lessee shall not be entitled to claim a constructive eviction for any cause unless Lessee shall have first notified Lessor in writing of the condition or conditions given rise to such claim and, and if the complaint be justified, and unless Lessor shall have failed within a reasonable time after receipt of such notice to commence remedying such conditions. Lessee shall serve notice of Lessor's default to the holder of the first mortgage on the Premises. The holder of the first mortgage shall have the right, but not the obligation, to cure the default.
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