Common use of Default by Lessor Clause in Contracts

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under -------------------------------- this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor ----------------- fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering encumbering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty 30-day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period Lessee shall have all remedies available at law and equity for Lessor's default except as provided hereinin this Lease; however, Lessee may perform such obligation and will be reimbursed for any damages or judgments arising out of Lessor's default of its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate obligations under this Lease or to vacate shall be satisfied only out of Lessor's interest and estate in the Premises on (including all sales, insurance and condemnation proceeds, net of any costs incurred in obtaining such proceeds and subject to the rights of any lender with a security interest in Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for 's interest and estate in the Premises), and Lessor shall have no personal liability beyond such interest and estate with respect to such damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 abovejudgments.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed RateRate provided, however, that if the parties are in dispute as to what constitutes Lessor's obligations under this Lease, any such dispute shall be resolved by arbitration in a manner identical to that provided in Section 8.02 above. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty ten (3010) business day period provided herein, or fails to diligently prosecute such cure to completion, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed RateRate within thirty (30) days following demand for such payment. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, (i) any default beyond any applicable cure period by Lessor under the terms of the Building 10 Lease shall also be a default under this Lease for any period of time during which Lessor or any affiliate thereof is also the landlord under the Building 10 Lease, and (ii) nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all in which case Lessee’s rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty ten (3010) business day period provided herein, or fails to diligently prosecute such cure to completion, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed RateRate within thirty (30) days following demand for such payment. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, (i) any default beyond any applicable cure period by Lessor under the terms of the Building 9 Lease shall also be a default under this Lease for any period of time during which Lessor or any affiliate thereof is also the landlord under the Building 9 Lease, and (ii) nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all in which case Lessee’s rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under -------------------------------- this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Before Lessee may declare a default by ▇▇▇▇▇▇, Lessee shall give Lessor written notice of the specific failure of Lessor’s obligations hereunder and thirty (30) Days from the receipt of such written notice in which to cure the alleged failure; provided however, that if such failure cannot reasonably be cured within such thirty (30) Day period, then Lessor shall promptly undertake and diligently pursue such curative performance to completion, all within a reasonable time. If Lessor fails to cure any such default within the time period or to diligently pursue such cure to completion, Lessee shall have all the rights and remedies provided at law, in equity or in this Lease, which rights shall be cumulative and may be exercised and enforced concurrently. Any right or remedy conferred upon Lessee under this Lease shall not be in default under this Lease unless deemed to be exclusive of any other right or remedy it may have. Without limiting the generality of the foregoing, if Lessor fails to perform obligations required (or commence to perform and diligently pursue) any obligation of Lessor under this Lease within a reasonable time, but in no event later than thirty (30) days after Days following ▇▇▇▇▇▇’s written notice by Lessee to Lessor and thereof, then Lessee may proceed to take the holder required action upon delivery to Lessor of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, an additional five (5) Days’ notice specifying that Lessor has failed to perform Lessee is taking such obligation; required action (provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for performance then Lessor additional notice shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable required in the event of Lessor’s delay in delivery of the Premisesan emergency). In that situationIf such action is not taken by Lessor within said five (5) Day period, then Lessee shall be entitled to take such action and to offset against Rent next coming due under this Lease, all rights costs and remedies shall be determined under Section 3.01 aboveexpenses incurred by Lessee in connection with such action.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty ten (3010) business day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises premises whose name and address shall have theretofore been furnished to Lessee in writing, writing specifying that wherein Lessor has failed to perform such obligation; , provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty ten (3010) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) day period and thereafter diligently prosecutes the same to completion. In the event of any material default by Lessor does not commence performance capable of reasonable cure in the time and manner specified above, Lessee may at any time thereunder with or without notice or demand and without limiting Lessee in the exercise of any right or remedy which Lessee may have by reason of such default: (a) Terminate the lease and surrender the premises to Lessor. In such event, Lessee shall be entitled to recover from Lessor all damages incurred by Lessee by reason of Lessor's default; or, (b) In the event any condition arises in, or damage exists to the premises, which condition or damage is within Lessor's duty to maintain, correct or repair but Lessor falls to or is unable or unwilling to do so and for which immediate action is necessary to prevent potential injury to Lessee's customers, employees, property, or business, Lessee may, but shall not be required, make such repairs or perform such maintenance immediately, without notice to Lessor. Lessor shall reimburse Lessee for the reasonable and necessary costs or such repairs or maintenance within thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed days after Lessee's demand for its expenses by reimbursement submitted to Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery itemized statement of the Premises. In that situation, all rights repairs and remedies shall be determined under Section 3.01 abovecharges.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, - nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under --------------------------------- this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed RateRate provided, however, that if the parties are in dispute as to what constitutes Lessor's obligations under this Lease, any such dispute shall be resolved by arbitration in a manner identical to that provided in Section 8.02 above. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty ten (3010) business day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty ten (3010) business days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s obligation is such that more than thirty ten (3010) business days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty ten (10) business day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease, provided that nothing herein shall be deemed to deny Lessee its rights pursuant to Section 12.01(a) of this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.

Default by Lessor. Lessor shall not be in default under this Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that wherein Lessor has failed to perform such obligationobligations; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such thirty 30-day period and thereafter diligently prosecutes the same to completion. In the event of a default by Lessor does not of its obligation to maintain the portion of the Premises defined as the roof area of Site 18-A (the "Roof") as set forth in Paragraph 6.1, then the Lessee may, at any time after Lessee has given Lessor notice of the Roof default and Lessor has failed either to correct the Roof or commence performance the correction of the Roof within ten (10) working days of said notice, retain a reputable contractor to perform the needed Roof maintenance and repairs in a good and workmanlike manner and to provide the Roof free of defects and leaks. The Lessor shall reimburse Lessee for the reasonable cost of said contractor for performing the Roof work within thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by days after the presentation to Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s default under this Lease. Lessee’s sole remedy on Lessor’s default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, nothing herein shall be deemed applicable in the event of Lessor’s delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 aboveinvoice for the contractor's services.

Default by Lessor. Lessor shall not be in default under this -------------------------------- Lease unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying that Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are reasonably required for performance then Lessor shall not be in default if Lessor commences performance within such thirty day period and thereafter diligently prosecutes the same to completion. In the event Lessor does not commence performance within the thirty (30) day period provided herein, Lessee may perform such obligation and will be reimbursed for its expenses by Lessor together with interest thereon at the Agreed Rate. Lessee waives any right to terminate this Lease or to vacate the Premises on Lessor’s 's default under this Lease. Lessee’s 's sole remedy on Lessor’s 's default is an action for damages or injunctive or declaratory relief. Notwithstanding the foregoing, foregoing,- nothing herein shall be deemed applicable in the event of Lessor’s 's delay in delivery of the Premises. In that situation, all rights and remedies shall be determined under Section 3.01 above.