Events of Default by Landlord Clause Samples

Events of Default by Landlord. It shall be an “Landlord Event of Default” under this Lease, if Landlord fails to perform its obligations hereunder for more than thirty (30) days after notice thereof from Tenant, together with such additional time, if any, as is reasonably required to cure the default if the default is of such a nature that it cannot reasonably be cured in thirty (30) days. In the event of a Landlord Event of Default, without limitation to any other rights Tenant may have at law and equity (each of which rights Tenant expressly reserves), which default shall remain uncured after the expiration of any applicable notice and cure periods and Tenant does not have notice that Landlord is disputing such obligation in good faith, Tenant shall have the right, but shall not the obligation, to perform such obligation. Notwithstanding any language to the contrary set forth in this Section, in no event shall Tenant have any right to perform any obligations that are outside of the Premises, that affect any space not leased by Tenant, that affect any Common Area of the Building, the Lot or the Park, that affect the structure of the Building, or that affect any of the life safety or building systems of the Building. In performing such obligation, Tenant may make any payment of money or perform any other act. All sums so paid by Tenant, together with interest at the rate of twelve percent (12%) per annum, and all necessary incidental costs and expenses, provided such are reasonable, in connection with the performance of any such acts by Tenant, shall be payable by Landlord to Tenant within twenty (20) days of demand (containing all reasonable documentation evidencing such performance and payment by Tenant). Tenant may exercise the foregoing rights without waiving any other of its rights or releasing Landlord from any of its obligations under this Lease.

Events of Default by Landlord. The occurrence of any of the following shall constitute a material default and breach of this Lease by Landlord: (A) The failure by Landlord to furnish Tenant any subordination, non-disturbance and attornment agreement or estoppel certificate requested by Tenant within the time period prescribed herein. (B) Landlord's failure to diligently pursue subdivision of the Premises pursuant to Section 9.04 hereof or to perform Landlord's obligations under Section 9.06 hereof, where such failure continues for ten (10) days following written notice from Tenant to Landlord. (C) Any other breach of any obligation of Landlord (i) hereunder which is not cured within thirty (30) days after written notice by Tenant to Landlord and to Mortgagee whose name and address shall have been furnished to Tenant in writing and specifying how Landlord has failed to perform such obligations and the act required to cure the same; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for performance, Landlord shall not be in default if Landlord commences perfounance within such thirty (30) day period and thereafter diligently prosecutes the same to completion within ninety (90) days, or (ii) beyond applicable notice and cure periods under the Power Purchase Agreement or any other agreement with Tenant.

Events of Default by Landlord. It shall constitute an "Event of Default" by Landlord if (a) Landlord fails to perform or comply with the provisions of Section 7.2 of this Lease, (b) such failure materially and adversely affects Tenant's use and occupancy of the Premises, and (c) Landlord does not fully cure such failure within thirty (30) days after written notice ("Notice of Self-Help") thereof from Tenant to Landlord (with a copy of the Notice of Self-Help being simultaneously given by Tenant to any Mortgagee whose address has been provided to Tenant), or, if such failure cannot be cured within such thirty (30) day period, Landlord fails within such thirty (30) day period to commence, and thereafter diligently proceed with, all actions reasonably necessary to cure such failure as soon as reasonably possible; it being understood that if Landlord has a valid warranty claim against the contractor who originally constructed the part of the Building which is the cause of Landlord's failure to perform or comply with the provisions of Section 7.2 of this Lease, then Landlord shall have such time as is reasonably necessary to enforce such warranty claim. Tenant's Notice of Self-Help must specifically and comprehensively identify that which Tenant claims Landlord is failing to perform or to comply with under Section 7.2 of this Lease, and must state that Tenant intends to take such self-help action pursuant to Section 15.4 of the Lease if Landlord fails to take action within the time contained in Section 15.3

Events of Default by Landlord. “Events of Default by Landlord” under this Lease shall be deemed to be the situations where Landlord shall fail to comply with any term, provision or covenant of this Lease and shall not commence to cure such failure within thirty (30) days after written notice thereof and diligently and in good faith continue to cure the default until completion. If the default cannot reasonably be cured within such thirty (30) day period, Landlord shall not be in default if Landlord commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default until completion. In no event shall Landlord’s right to cure extend beyond ninety (90) days following written notice from Tenant, unless such period is extended by Tenant Delays or Excusable Delays.

Events of Default by Landlord. Any of the following shall be deemed a LANDLORD Event of Default: (a) LANDLORD’s failure to perform or preserve any covenant, term or condition of this Lease to be performed or observed by the TENANT, where such failure continues forth fifteen (15) days after written notice thereof is give to the LANDLORD. (b) Any petition that is filed by or against LANDLORD in bankruptcy and is not dismissed within thirty (30) days after said filing thereof, or LANDLORD takes advantage of any relief after the filing thereof under any present or future law, whereby the lease obligations, covenants, terms or condition imposed thereunder are reduced or deferred, or LANDLORD becomes insolvent or a receiver is appointed for a substantial part of LANDLORD’s assets.

Events of Default by Landlord. Except as otherwise provided in this Lease, Landlord shall be in default hereunder if there is an act or omission by Landlord which would give Tenant the right to damages from Landlord or the right to terminate this Lease and, upon written notice of such act or omission to Landlord by Tenant, Landlord fails to correct the breach or default within thirty (30) days after the notice, or such longer period of time as may be reasonably necessary provided Landlord has commenced to correct the breach or default within such thirty (30) day period and diligently pursues such to completion.

Events of Default by Landlord. The failure by Landlord to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Landlord, where such failure shall continue for a period of thirty (30) days after written notice thereof by Tenant to Landlord, shall be deemed to be a default by Landlord under this Lease; provided, however, that if the nature of Landlord's default is such that more than thirty (30) days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion, provided that the default shall actually be cured within ninety (90) days after notice.

Events of Default by Landlord. Each of the following shall constitute an Event of Default By Landlord: (i) Landlord fails to observe or perform any other term, condition or covenant herein binding upon or obligating Landlord within 20 days after written notice from Tenant; provided, however, that if Tenant reasonably determines that such failure cannot be cured within said 20-day period, then Tenant may in its reasonable discretion extend the period to cure the default for up to an additional 20 days provided Landlord has commenced to cure the default within the 20-day period and diligently pursues such cure to completion (notwithstanding the foregoing, if Tenant provides Landlord with notice of Landlord’s failure to observe or perform any term, condition or covenant under this Subsection (i) on 2 or more occasions during any 12 month period, then Landlord’s subsequent violation shall, at Tenant’s option, be deemed an Event of Default By Landlord immediately upon the occurrence of such failure, regardless of whether Tenant provides Landlord notice, or Landlord has commenced the cure of the same);

Events of Default by Landlord. If Landlord defaults in any obligation hereunder, including by failing to complete construction of the Office Buildings and the Premises to Base Office Buildings Standards materially in accordance with the Project Drawings and Specifications and the Project Schedule as such schedule may be extended pursuant to Section 3.2 or 3.3 hereof, Landlord shall be in default hereunder and if such default continues for more than 15 days after notice and such additional time, if any, as is reasonably necessary to cure the default if the default is of such a nature that it cannot reasonably be cured in 15 days and Landlord diligently and continuously prosecutes such cure to completion, then, Tenant may immediately or at any time thereafter while such default continues and without further notice, at Tenant's election, do one or both of the following: (i) give Landlord written notice stating that the Lease is terminated, effective upon the giving of such notice or upon a date stated in such notice, as Tenant may elect, in which event the Lease shall be irrevocably extinguished and terminated as stated in such notice without any further action, or (ii) pursue any other rights or remedies permitted by law. The foregoing notwithstanding, in the event any Holder in possession of the Property should default in any obligation under this Lease, Tenant acknowledges and agrees that Tenant's remedies shall be limited solely to actual damages suffered by Tenant as a result of such Holder's default and further limited as provided in Section 10.3 below. Tenant shall also have the right to cure Landlord's default pursuant to Section 10.8 hereof.