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
Appears in 2 contracts