Common use of Remedy for Improper Drafts Clause in Contracts

Remedy for Improper Drafts. Tenant’s sole remedy in connection with Landlord’s improper draw against the L-C or Landlord’s improper application of any proceeds of sight drafts drawn under the L-C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misapplied, and reasonable actual out-of-pocket attorneys’ fees, provided that at the time of such refund, Tenant increases the amount of such L-C to the amount (if any) then required under the applicable provisions of this Lease. Tenant acknowledges that Landlord’s draw against the L-C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-C, or the Bank’s payment of sight drafts drawn under such L-C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof from the next installment(s) of Base Rent.

Remedy for Improper Drafts. Tenant’s sole and exclusive remedy in connection with Landlord’s improper draw against the L-C or Landlord’s improper application or retention of any proceeds of sight drafts drawn under the L-C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misappliedmisapplied or wrongfully held, together with interest at the Default Rate and reasonable actual out-of-pocket attorneys’ fees, provided that at the time of such refund, Tenant increases the amount of such L-C to the amount (if any) then required under the applicable provisions of this Lease. Tenant acknowledges that Landlord’s draw against the L-C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-C, or the Bank’s payment of sight drafts drawn under such L-C, could not not, under any circumstances circumstances, cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Default Rate from the next installment(s) of Base Rent.

Remedy for Improper Drafts. Tenant’s 's sole and exclusive remedy in connection with Landlord’s ▇▇▇▇▇▇▇▇'s improper draw against the L-C or Landlord’s 's improper application or retention of any proceeds of sight drafts drawn under the L-C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misappliedmisapplied or wrongfully held, together with interest at the Interest Rate and reasonable actual out-of-pocket attorneys’ ' fees, provided that at the time of such refund, Tenant increases the amount of such L-C to the amount (if any) then required under then-current L-C Amount. Tenant irrevocably waives any right to secondary, incidental, indirect or consequential damages in any way related to Landlord's draw on the applicable provisions of this Lease. L-C. Tenant acknowledges that Landlord’s ▇▇▇▇▇▇▇▇'s draw against the L-C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-C, or the Bank’s 's payment of sight drafts drawn under such L-C, could not not, under any circumstances circumstances, cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Interest Rate from the next installment(s) of Base Rent.

Remedy for Improper Drafts. Tenant’s 's sole and exclusive remedy in connection with Landlord’s 's improper draw against the L-C or Landlord’s 's improper application or retention of any proceeds of sight drafts drawn under the L-C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misappliedmisapplied or wrongfully held, together with interest at the Default Rate and reasonable actual out-of-pocket attorneys’ ' fees, provided that at the time of such refund, Tenant increases the amount of such L-C L‑C to the amount (if any) then required under the applicable provisions of this Lease. Tenant acknowledges that Landlord’s 's draw against the L-CL‑C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-C, or the Bank’s 's payment of sight drafts drawn under such L-CL‑C, could not not, under any circumstances circumstances, cause Tenant injury that could not be remedied by an award of money 788288.01/WLA 375755-00007/8-9-18//ejw -36- C▇▇▇▇▇▇ HIGHLINE 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ [Building 2] Roku, Inc. damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Default Rate from the next installment(s) of Base Rent.

Remedy for Improper Drafts. Tenant’s 's sole and exclusive remedy in connection with Landlord’s 's improper draw against the L-C or Landlord’s 's improper application or retention of any proceeds of sight drafts drawn under the L-C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misappliedmisapplied or wrongfully held, together with interest at the Default Rate and reasonable actual out-of-pocket attorneys’ ' fees, provided that at the time of such refund, Tenant increases the amount of such L-C to the amount (if any) then required under the applicable provisions of this Lease. Tenant acknowledges that Landlord’s 's draw against the L-C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-C, or the Bank’s 's payment of sight drafts drawn under such L-C, could not not, under any circumstances circumstances, cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Default Rate from the next installment(s) of Base Rent.

Remedy for Improper Drafts. Tenant’s 's sole and exclusive remedy in connection with Landlord’s 's improper draw against the L-C or Landlord’s 's improper application or retention of any proceeds of sight drafts drawn under the L-C or the Interim Cash Deposit shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misappliedmisapplied or wrongfully held, together with interest at the Interest Rate and reasonable actual out-of-pocket attorneys’ ' fees, provided that at the time of such refund, Tenant increases the amount of such L-C to the amount (if any) then required under the applicable provisions of this Lease. Tenant acknowledges that Landlord’s 's draw against the L-C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-C, or the Bank’s 's payment of sight drafts drawn under such L-C, could not not, under any circumstances circumstances, cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Interest Rate from the next installment(s) of Base Rent.

Remedy for Improper Drafts. Tenant’s 's sole remedy in connection with Landlord’s improper draw against the L-C or Landlord’s improper application of any proceeds of sight drafts drawn under the L-C L‑C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misapplied, and reasonable actual out-of-pocket attorneys’ ' fees, provided that at the time of such refund, Tenant increases the amount of such L-C L‑C to the amount (if any) then required under the applicable provisions of this LeaseThird Amendment. Tenant acknowledges that Landlord’s draw against the L-C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-CL‑C, or the Bank’s 's payment of sight drafts drawn under such L-CL‑C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof from the next installment(s) of Base Rent.

Remedy for Improper Drafts. Tenant’s sole remedy in connection with LandlordL▇▇▇▇▇▇▇’s improper draw against the L-C or Landlord’s improper application of any proceeds of sight drafts drawn under the L-C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misapplied, and reasonable actual out-of-pocket attorneys’ fees, provided that at the time of such refund, Tenant increases the amount of such L-C to the amount (if any) then required under the applicable provisions of this Lease. Tenant acknowledges that LandlordL▇▇▇▇▇▇▇’s draw against the L-C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-C, or the Bank’s payment of sight drafts drawn under such L-C, could not under any circumstances cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof from the next installment(s) of Base Rent.

Remedy for Improper Drafts. Tenant’s 's sole and exclusive remedy in connection with Landlord’s 's improper draw against the L-C or Landlord’s 's improper application or retention of any proceeds of sight drafts drawn under the L-C shall be the right to obtain from Landlord a refund of the amount of any sight draft(s) that were improperly presented or the proceeds of which were misappliedmisapplied or wrongfully held, together with interest at the Default Rate and reasonable actual out-of-pocket attorneys’ ' fees, provided that at the time of such refund, Tenant increases the amount of such L-C L‑C to the amount (if any) then required under the applicable provisions of this Lease. Tenant acknowledges that Landlord’s 's draw against the L-CL‑C, application or retention of any proceeds thereof, the presentment of sight drafts drawn under any L-C, or the Bank’s 's payment of sight drafts drawn under such L-CL‑C, could not not, under any circumstances circumstances, cause Tenant injury that could not be remedied by an award of money damages, and that the recovery of money damages would be an adequate remedy therefor. In the event Tenant shall be entitled to a refund as aforesaid and Landlord shall fail to make such payment within ten (10) business days after demand, Tenant shall have the right to deduct the amount thereof together with interest thereon at the Default Rate from the next installment(s) of Base Rent.