Default by Lessor. Lessor shall not be deemed in default 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 mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing specifying wherein Lessor has failed to perform such obligations; 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 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, and Lessee’s remedies shall be limited to damages and/or an injunction.
Appears in 4 contracts
Sources: Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc), Standard Commercial Industrial Multi Tenant Triple Net Lease (HTG Molecular Diagnostics, Inc)
Default by Lessor. Lessor shall not be deemed in default 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 writing, specifying wherein Lessor has failed to perform such obligationsobligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance, performance then Lessor shall not be in default if Lessor commences performance within such 30-day thirty (30)-day period and thereafter diligently prosecutes the same to completion. If Provided, further, that no delay, default or other failure by Lessor does not performto perform Lessor's obligations under the Lease shall waive, Lessor’s mortgagee may perform in Lessor’s place and release or otherwise excuse Lessee must accept such performance. In no event shall Lessee have the right to terminate from its monetary or other obligations under this Lease as a result of Lessor’s default, and Lessee’s remedies shall be limited to damages and/or an injunctionin any way whatsoever.
Appears in 2 contracts
Sources: Office Lease Agreement (Advanced Media Inc), Assignment of Lease Agreement (Progressive Training, Inc.)
Default by Lessor. Lessor shall not be deemed in default unless Lessor fails to perform obligations required of Lessor within a reasonable timerime, 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 therefore been furnished to Lessee in writing writing, specifying wherein Lessor has failed to perform such obligationsobligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance, 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. If Lessor does not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, 's default and Lessee’s 's remedies shall be limited to damages and/or an injunction.
Appears in 2 contracts
Sources: Shopping Center Lease (Futon World Inc), Shopping Center Lease (Futon World Inc)
Default by Lessor. Lessor shall not be deemed in default 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 writing, specifying wherein Lessor has failed to perform such obligationsobligation; provided, however, that if the nature of Lessor’s 's obligation is such that more than thirty (30) days are required for performance, performance then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Any damages or judgments arising out of Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate 's default of its obligations under this Lease as a result shall be satisfied only out of Lessor’s default's interest and estate in the Premises, and Lessee’s remedies Lessor shall be limited have no personal liability beyond such interest and estate with respect to such damages and/or an injunctionor judgments.
Appears in 2 contracts
Sources: Lease Agreement (Skechers Usa Inc), Lease (Skechers Usa Inc)
Default by Lessor. Except as may otherwise be provided herein, Lessor shall not be deemed in default 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 Leased Premises whose name and address shall have theretofore been furnished previously to Lessee in writing writing, specifying wherein Lessor has failed to perform such obligations; 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. If Lessor does Except as may otherwise be provided herein, Lessee shall not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s defaultLease, and it being agreed that Lessee’s 's remedies shall be limited to damages and/or an injunctionactual damages, without any award for incidental or consequential damages.
Appears in 1 contract
Sources: Office Lease Agreement (Applied Science Fiction Inc)
Default by Lessor. Except as may otherwise be provided herein, Lessor shall not be deemed in default 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 Leased Premises whose name and address shall have theretofore been furnished previously to Lessee in writing writing, specifying wherein Lessor has failed to perform such obligations; 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. If Lessor does Except as. may otherwise be provided herein, Lessee shall not perform, Lessor’s mortgagee may perform in Lessor’s place and Lessee must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s defaultLease, and it being agreed that Lessee’s 's remedies shall be limited to damages and/or an injunctionactual damages, without, any award for incidental or consequential damages.
Appears in 1 contract
Default by Lessor. Lessor shall not be deemed in default unless Lessor fails to perform ▇▇ ▇▇rform 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 mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing specifying wherein Lessor has failed to perform such obligations; 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 30-day period and thereafter diligently prosecutes the same to completion. If Lessor does not perform, Lessor’s 's mortgagee may perform in Lessor’s Les▇▇▇'▇ place and Lessee must accept mus▇ ▇▇▇▇pt such performance. In no event shall Lessee have the right ▇▇▇ ▇ight to terminate this Lease as a result of Lessor’s 's default, and Lessee’s 's remedies shall be limited to damages and/or damage▇ ▇▇▇/or an injunction.
Appears in 1 contract
Sources: Triple Net Lease (Luxtec Corp /Ma/)