Common use of Default by Lessor Clause in Contracts

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. 23.1 If during the term of this lease there shall occur any of the following events (“Lessor Events of Default”): (a) if Lessor shall fail to perform or observe any requirement, obligation, agreement, covenant or condition of this lease, and any such failure shall continue for 30 days after Lessee gives Lessor notice thereof, or if such failure cannot be remedied within 30 days, then for a reasonable time thereafter, provided ▇▇▇▇▇▇ commences to remedy such failure within said 30-day period and prosecutes the same to completion with diligence; or (b) if any representation or warranty made by Lessor contained in default this lease shall prove to be incorrect in any material respect on the performance date upon which it was made. Following any Lessor Events of ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ agrees to pay all costs of proceedings by ▇▇▇▇▇▇ for the enforcement of any obligation required breach of the terms and conditions of this lease by the Lessor, including reasonable attorneys’ fees and expenses, payable immediately upon the filing of any suit for possession or money damages. No remedy herein conferred upon or reserved to Lessee is intended to be performed exclusive of any other remedy herein or by law provided, but each shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. The continued occupancy of the Premises and payment of rent by Lessee with knowledge of the default by Lessor in any of Lessor’s obligations under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor lease shall not be deemed in default if it shall commence a waiver by Lessee of such performance within thirty (30) days and thereafter diligently pursue the same to completiondefault. No waiver by Lessee shall have no rights as a result of any Lessor Event of Default or any default by Lessor until in any covenant, agreement or obligation under this lease shall operate to waive or affect any subsequent Lessor Event of Default or default in any covenant, agreement or obligation hereunder, nor shall any forbearance by Lessee also gives thirty (30) days' notice to enforce a right or remedy upon a Lessor Event of Default or any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt be a waiver of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have rights and remedies with respect to such or any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf subsequent default or in any other manner operate to the prejudice of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. In the event of any default by Lessor hereunder, Lessee's exclusive remedy shall be to bring an independent action for damages or other relief, but prior to any such action Lessee shall give Lessor written notice specifying such default with reasonable detail, and Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thereupon have thirty (30) days in which to cure any such default. Unless Lessor fails to cure any default after the receipt such notice, Lessee shall not have any remedy or cause of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is action by reason thereof. If such that more than default cannot reasonably be cured within such thirty (30) days are day period, the length of such period shall be extended for the period reasonably required for its performance, then therefor if Lessor shall not be deemed in commences curing such default if it shall commence within such performance within thirty (30) days day period and thereafter diligently pursue continues the same to completioncuring thereof with reasonable diligence and continuity. Except as otherwise expressly provided in this Lease, Lessee shall have no rights as a result to abatement, self-help, offset, or deduction of or from Rent otherwise due and payable hereunder, nor any right to terminate this Lease, by reason of any default by Lessor until Lessee also gives thirty hereunder. All obligations of Lessor hereunder shall be construed as covenants, not conditions, and all such obligations shall be binding upon Lessor only during the period of its ownership of the Building and not thereafter, (30) days' notice but upon the sale or disposition of the Building, unless the purchasing party agrees to any person who has a recorded interest pertaining assume liability for actions or defaults hereunder by the selling party occurring prior to the Building closing of such sale or disposition, the Property, specifying the nature of the default. Such person selling party shall then have the right remain liable to cure such default, Lessee for actions and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused defaults hereunder by such default. Notwithstanding anything selling party occurring prior to the contrary contained closing of such sale or disposition but only in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees thatamount, in the event that it becomes entitled aggregate, up to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).the

Default by Lessor. Lessor shall not be in responsible for any delay or failure In the observance or performances of any term or condition of this Lease to be observed or performed by Lessor to the extent that such delay results from action or order of governmental authorities; civil commotions; strikes, fires, ads of God or the public enemy; act or default of any Lessee in the Building, inability to procure labor, material, fuel, electricity, or other forms of energy; or any other cause beyond the reasonable control of Lessor, whether or not similar to the matters herein specifically enumerated. Any delay shall extend by like time any period or performance by Lessor and shall not be deemed a breach of, or failure to perform, this Lease or any provisions thereof. In the event of any obligation required to be performed default under this Lease unless by Lessor. Lessee, before exercising any rights that it may have at law to cancel this Lease, shall have given notice of such default to Lessor and shall have offered Lessor a reasonable opportunity to correct and cure the default, Lessee also agrees to give the holders of any mortgages or deeds of trust (mortgages), by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice Lessee has been notified in writing (by way of Noticed Assignment of Rents and Leases, or otherwise) of the addresses of such mortgagees. Lessee further agrees that If Lessor shall have failed to perform cure such obligation default within the aforesaid time limit, then the mortgagees shall have an additional thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure within which to perform; providedone such default or if such default cannot be cured within that time, however, that then such additional time as may be necessary if the nature of Lessor's obligation is within such that more than thirty (30) days are required for its performanceany mortgagees has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to effect such cure), then Lessor in which event this Lease shall not be deemed in default if it shall commence terminated while such performance within thirty (30) days and thereafter remedies are being so diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942)pursued.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in Lessor's liability to Lessee for damages resulting from Lessor's breach of any provision or provisions of this Lease to shall not exceed the contrary, and notwithstanding any applicable law to value of Lessor's equity interest in the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's ’s failure to perform; provided, however, that if the nature of Lessor's ’s obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completioncompletion within sixty (60) days after the original Notice to Lessor of such failure. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' ’ notice to any person who has a recorded interest pertaining to the Building or the PropertyProperty and who has previously requested such notice in a document delivered to and acknowledged by Lessee and to whom Lessee has agreed to provide a cure right, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the defaultdefault not exceeding an additional thirty (30) days. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. If Lessor shall not be in default in the performance or observance of any obligation required agreement or condition in this Lease contained on its part to be performed under or observed or shall default in the payment of any tax or other charge which is a lien upon the Property or in the payment of any installment of principal or interest upon any mortgage which shall be prior in lien to the lien of this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that and if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt notice from Lessee specifying the default (or if such default cannot reasonably be cured within such thirty-day (30) period, then shall not within said thirty-day (30) period commence to cure such default and thereafter prosecute the curing of notice such default to completion with due dili- gence), Lessee may; at its option, without waiving any claim for damages or breach of agreement, at any time thereafter cure such default for the account of Lessor, and any amount paid or any contractual liability incurred by Lessee in so doing shall be deemed paid or incurred for the account of the defaultLessor, and Lessor agrees to reimburse Lessee therefor; provided that Lessee may cure any such default for the account of Lessor, as aforesaid, prior to the expiration of said thirty-day (30) period, but after said notice to Lessor, if the curing of such default prior to the expiration of said thirty-day (30) period is reasonably necessary to protect the Property or Lessee's interest therein, or within such longer period of time as may reasonably be necessary to cure prevent a governmental fine, or to prevent injury or damage to persons or property or to permit Lessee to conduct its usual business operations in the defaultProperty. If Lessor or such person does not cure the default, shall fail to reimburse Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy within thirty (30) days after notice for any breach or default amount paid for the account of this Lease by Lessor shall hereunder, said amount may be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred deducted by Lessee as a result from the next or any succeeding payments of a default by rent due hereunder or any other amounts due from Lessee to Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. Lessor shall not be deemed to be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of written notice from Lessee specifying in reasonable detail Lessor's ’s failure to perform; provided, however, that if the nature of Lessor's ’s obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted under this Lease and by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's ’s remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in Lessor’s liability to Lessee for damages resulting from Lessor’s breach of any provision or provisions of this Lease to shall not exceed Lessor’s equity interest in the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, Building and Lessee hereby expressly waives shall look solely to Lessor’s estate in the Building and releases such personal liability on behalf of itself and all persons claiming by, through or under Lesseethe proceeds thereof for collection. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Leaseowed, on account of any damage, condemnation, destruction or state of disrepair of the Premises (includingPremises, without limiting the generality except as specifically provided for in Section 8.3, or in Articles 12 or 13 of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942)this Lease.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any Reviewed: successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. The Lessor shall not be in default in the performance of any obligation required of the obligations of the Lessor under the Lease, unless the Lessor fails to be performed under this Lease unless perform such obligations within a reasonable time, but in no event more than thirty (30) days after written notice by the Lessee to the Lessor specifying wherein the Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to performobligations; provided, however, that if the nature of the Lessor's obligation default is such that more than thirty (30) days are required for its performancecure, then the Lessor shall not be deemed in default if it shall commence the Lessor commences such performance cure within such thirty (30) days day period and thereafter diligently pursue prosecutes the same to completion. In the event of any such default by the Lessor, the Lessee may pursue any remedy now or hereafter available to the Lessee under the laws of judicial decisions of the State of California, except that the Lessee shall not have no rights the right to terminate this Lease except as a result expressly provided herein nor to set off against any payments due under this Lease. The Lessee waives any right to deduct the expenses of repairs done by the Lessee on the Lessor’s behalf from the rent and waives, except as herein provided, any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to of the Lessor’s obligations for tenantability of the Building or the PropertyPremises. In the case of an emergency, specifying or if Lessor has not completed a repair or maintenance that is required under the nature Lease within 30 days following Lessee’s notice to Lessor (except that such 30 days shall be extended on day for day basis due to Force Majeure), that prevents Lessee’s occupancy or use of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, Premises or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the defaultparking area, Lessee may exercise make or complete any such rights Lessor responsible repair or remedies as maintenance and submit the invoice for same to Lessor for reimbursement to Lessee of Lessee’s reasonable actual costs incurred with such repair or maintenance, and said reimbursement shall be provided paid to Lessee within 30 days following Lessor’s receipt of Lessee’s invoice accompanied by receipts or permitted by law to recover other evidence of such costs, proof of payment thereof and lien waivers from any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942)contractors and/or materialmen.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's ’s failure to perform; provided, however, that if the nature of Lessor's ’s obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue Reviewed: the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' ’ notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. If Lessor shall not be in default in fail to keep, observe or perform any of the performance of any obligation required terms, covenants or conditions herein to be kept, observed and performed under this Lease unless by Lessor, and such default has not been cured by Lessor has failed to perform such obligation within thirty (30) days after Tenant has given written notice to Lessor, and provided that Lessor is not diligently and effectively in the receipt process of notice curing the default, then Tenant in addition to any other rights or remedies available to Tenant hereunder, shall have: (i) the right, at its option, to cure such default by such acts as may be reasonably necessary under the circumstances, and to offset any and all expense thereof, including reasonable attorneys’ fees, against amounts due to Lessor from Lessee specifying in detail Lessor's failure to performTenant; provided, however, that (ii) if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice is such as to any person who has a recorded interest pertaining constructively evict or effectively dispossess Tenant, or substantially destroy Tenant’s right to the Building or the Propertyquiet enjoyment, specifying the nature of the default. Such person Tenant shall then have the right to invoke any and all rights and remedies Tenant may have at law and in equity; or (iii) the option to exercise any other rights or remedies which Tenant may have at law or equity. Notwithstanding the foregoing, the notice and cure such default, and period provided to Lessor above shall not be deemed in apply to Lessor’s obligation to timely deliver the Premises as required under this Lease. If Tenant makes any advances because of a default if such person cures such default by Lessor not cured within thirty (30) days after receipt notice from Tenant, Lessor is obligated to repay the full amount of notice such advances, together with interest on the amount advanced at the rate of interest set forth in Section 5 hereof (18% per annum or the defaultmaximum rate of interest permitted by law). No remedy herein or otherwise conferred upon or reserved to Tenant shall be considered to exclude or suspend any other remedy but the same shall be cumulative and shall be in addition to every other remedy given hereunder, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor now or such person does not cure the defaulthereafter existing at law or in equity or by statute, Lessee may exercise such rights or remedies as shall be provided or permitted and every power and remedy given by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, Tenant may be exercised from time to time and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall so often as occasion may arise or as may be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942)deemed expedient.

Default by Lessor. Should Lessor shall not be in default in the performance any of any obligation required to be performed Lessor's obligations under this Lease unless Lessor has failed to perform such obligation within after thirty (30) days after the receipt of written notice from Lessee specifying the nature of such default, including, but not limited to, Lessor's duty to pay debt service payments or in detail its obligation to repair, maintain and/or replace portions of the Premises, upon Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of Lessee's notice thereof (or if said default or omission complained of shall be of such a nature that the defaultsame cannot be completely cured or remedied within said thirty (30) day period, and if Lessee shall not have diligently commenced curing such default with such thirty (30) day period, and shall not thereafter with reasonable diligence and in good faith proceed to remedy or cure such default within such longer period a commercially reasonable amount of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the defaulttime), Lessee may exercise such shall have and enjoy (but shall have no obligation), in addition to any other rights and remedies under this Lease or remedies as under common law, in equity or by statute (all of which shall be cumulative and no action by Lessee shall be deemed an election of remedies or a cure of Lessor's default): (i) the rights to divert and offset from rent and other payments hereunder due to Lessor, as provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of (ii) the right to terminate this Lease by Lessor and shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of all damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees and costs), together with interest thereon at the out-of-pocket expenditures Interest Rate until paid, directly incurred by Lessee as a result of a such default by Lessorless that which Lessor proves could reasonably be avoided. In any no event, it is expressly understood and agreed that notwithstanding anything however, shall Lessor be liable for any indirect or consequential damages to Lessee, such as loss of profits, customers, goodwill, etc. Lessee shall be under a duty to exercise diligence in any effort to mitigate its damages. Mention in this Lease to the contrary, and notwithstanding of any applicable particular remedy shall not preclude Lessee from any other remedy allowed at law to the contraryor in equity, the liability foregoing remedies and rights of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942)being cumulative.

Default by Lessor. Lessor shall not be deemed to be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of written notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted under this Lease and by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in Lessor's liability to Lessee for damages resulting from Lessor's breach of any provision or provisions of this Lease to shall not exceed Lessor's equity interest in the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, Building and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lesseeshall look solely to Lessor's estate in the Building for collection. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Leaseowed, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942)Premises.

Default by Lessor. In the event of any default by Lessor hereunder, Lessee's exclusive remedy shall be to bring an independent action for damages or other relief, but prior to any such action Lessee shall give Lessor written notice specifying such default with reasonable detail, and Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thereupon have thirty (30) days in which to cure any such default. Unless Lessor fails to cure any default after the receipt such notice, Lessee shall not have any remedy or cause of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is action by reason thereof. If such that more than default cannot reasonably be cured within such thirty (30) days are day period, the length of such period shall be extended for the period reasonably required for its performance, then therefor if Lessor shall not be deemed in commences curing such default if it shall commence within such performance within thirty (30) days day period and thereafter diligently pursue continues the same to completioncuring thereof with reasonable diligence and continuity. Except as otherwise expressly provided in this Lease, Lessee shall have no rights as a result to abatement, self-help, offset, or deduction of or from Rent otherwise due and payable hereunder, nor any right to terminate this Lease, by reason of any default by Lessor until Lessee also gives thirty hereunder. All obligations of Lessor hereunder shall be construed as covenants, not conditions, and all such obligations shall be binding upon Lessor only during the period of its ownership of the Building and not thereafter, (30) days' notice but upon the sale or disposition of the Building, unless the purchasing party agrees to any person who has a recorded interest pertaining assume liability for actions or defaults hereunder by the selling party occurring prior to the Building closing of such sale or disposition, the Property, specifying the nature of the default. Such person selling party shall then have the right remain liable to cure such default, Lessee for actions and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused defaults hereunder by such default. Notwithstanding anything selling party occurring prior to the contrary contained closing of such sale or disposition but only in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees thatamount, in the event that it becomes entitled aggregate, up to receive damages from the sale or disposition proceeds received by the selling party). The term "Lessor, Lessee " shall not be allowed to recover from Lessor consequential damages or damages in excess mean only the owner at the time of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).

Default by Lessor. Lessor shall not be in default in the performance hereunder if Lessor shall fail to observe or perform any term, covenant or condition of any obligation required this Lease on its part to be performed under this Lease unless Lessor has failed to perform and such obligation within thirty (30) failure shall continue for a period of 30 days after the receipt written notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of notice from Lessee specifying 30 days, in detail Lessor's which case such failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default to continue if it shall commence such performance Lessor, within thirty (said 30) days -day period, proceeds promptly and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary with due diligence to cure the defaultfailure and diligently completes the curing thereof. If The time within which Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law obligated to recover cure any damages proximately caused by such default. Notwithstanding anything default of its obligations under this Lease shall also be subject to extension of time due to the contrary contained in occurrence of any Unavoidable Delay. In addition to the self-help remedy afforded Lessee under Section 30.2 of this Lease, Lessee's remedy for any breach or default upon the occurrence of this Lease by a Special Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from LessorDefault Event (as defined below), Lessee shall not also be allowed permitted to recover terminate this Lease and purchase the Leased Property from Lessor consequential damages or damages in excess of for a purchase price equal to the Minimum Purchase Price minus an amount equal to the actual out-of-pocket expenditures cost to cure incurred by Lessee as by reason of such default. In the event Lessee elects to purchase the Leased Property, it shall deliver a result notice thereof to Lessor specifying a Payment Date occurring no less than 90 days subsequent to the date of such notice on which it shall purchase the Leased Property, and the same shall be thereupon conveyed in accordance with the provisions of Article 17. Any sums owed Lessee by Lessor hereunder shall bear interest at the Overdue Rate from the date due and payable until the date paid. In addition to the self-help remedy afforded Lessee under Section 30.2 of this Lease, upon the occurrence of a default by LessorLessor (other than a Special Lessor Default Event) which remains uncured beyond the notice and cure period set forth above, Lessee, as its sole additional remedy, shall be entitled to sue for L▇▇▇▇▇’s actual damages arising from such default. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contraryAs used herein, the liability term “Special Lessor Default Event” means, individually and collectively, (i) the occurrence of a default by Lessor which continues beyond the notice and cure periods pursuant to this Section 30.1, which default arises solely out of an obligation of Lessor hereunder which can be satisfied with the payment of money, or (including any successor lessorii) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest failure of Lessor in to satisfy any final, unsecured and to the Property and Building, and neither unappealable judgment arising out of Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or ’s obligations under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed and which is rendered by Lessee under this Lease, on account a court of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942)competent jurisdiction.

Default by Lessor. Lessor shall not be in default in the performance of any obligation required to be performed under this Lease unless Lessor has failed to perform such obligation within thirty (30) days after the receipt of notice from Lessee specifying in detail Lessor's failure to perform; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for its performance, then Lessor shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursue the same to completion. Lessee shall have no rights as a result of any default by Lessor until Lessee also gives thirty (30) days' notice to any person who has a recorded interest pertaining to the Building or the Property, specifying the nature of the default. Such person shall then have the right to cure such default, and Lessor shall not be deemed in default if such person cures such default within thirty (30) days after receipt of notice of the default, or within such longer period of time as may reasonably be necessary to cure the default. If Lessor or such person does not cure the default, Lessee may exercise such rights or remedies as shall be provided or permitted by law to recover any damages proximately caused by such default. Notwithstanding anything to the contrary contained in this Lease, Lessee's remedy for any breach or default of this Lease by Lessor shall be limited to an action for damages. Lessee agrees that, in the event that it becomes entitled to receive damages from Lessor, Lessee shall not be allowed to recover from Lessor consequential damages or damages in excess of the out-of-pocket expenditures incurred by Lessee as a result of a default by Lessor. In any event, it is expressly understood and agreed that notwithstanding anything in this Lease to the contrary, and notwithstanding any applicable law to the contrary, the liability of Lessor hereunder (including any successor lessor) and any recourse by Lessee against Lessor shall be limited solely and exclusively to the interest of Lessor in and to the Property and Building, and the rents therefrom, and neither Lessor, nor any of its constituent partners, shall have any personal liability therefor, and Lessee hereby expressly waives and releases such personal liability on behalf of itself and all persons claiming by, through or under Lessee. Lessee hereby waives and relinquishes any right which Lessee may have to terminate this Lease or withhold any payment owed by Lessee under this Lease, on account of any damage, condemnation, destruction or state of disrepair of the Premises (including, without limiting the generality of the foregoing, those rights under California Civil Code Sections 1941, 1941.1 and 1942).