Default by Lessor definition

Default by Lessor and "Lessor's Default" both mean a breach by Lessor of any material provision of this Lease which is not cured within [***] after Lessee gives Lessor written notice of the breach, or, in the case of breaches which cannot be cured solely by the payment of money and which reasonably require more than [***] to cure, not cured within a reasonable time after the giving of such notice, provided that Lessor commences curing such breach within said [***] after the giving of such notice and thereafter diligently prosecutes to completion such cure, provided further that, in all events, Lessor shall have fully cured such breach within [***] after the giving of such notice. Notwithstanding the foregoing, the [***] cure period referred to above shall not be applicable to a breach by Lessor of its obligation to deliver a Core Service. The failure of Lessor to deliver a Core Service, caused by circumstances other than a voluntary decision or act by Lessor to cease or reduce a Core Service, shall not constitute a Default by Lessor provided Lessor uses commercially reasonably efforts to fully restore the Core Service. [***] Confidential portions of this document have been redacted and filed separately with the Commission.
Default by Lessor. Lessor shall no be deemed to be in default in the performance of any obligation under this Lease unless, and until, it has failed to perform the obligation within thirty (30) days after written notice by Lessee to Lessor specifying in reasonable detail the nature and extent of the failure; 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 to be in default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.
Default by Lessor. LESSEE shall give LESSOR written notice of any default by LESSOR. If (a) the default is not cured within thirty (30) days after LESSOR receives the written notice, or (b) LESSOR does not within that thirty (30) day time period take actions which, if continued with reasonable diligence, will cure the default, then LESSEE at its election may declare this Lease terminated after an additional period of thirty (30) days. If this Lease is rightfully terminated in accordance with this section, rent shall be paid only to the end of the second thirty (30) day period.

Examples of Default by Lessor in a sentence

  • The following shall each constitute an Event of Default by Lessor.

  • All of the remedies given to Lessor in this Lease pursuant to an Event of Default by Lessor are in addition to all other rights or remedies to which Lessor may be entitled at law or in equity.

  • Upon the occurrence of a Default by Lessor, Lessee shall have the right to terminate this Lease upon not less than [***] written notice to Lessor.

  • The failure of Lessor to deliver a Core Service, caused by circumstances other than a voluntary decision or act by Lessor to cease or reduce a Core Service, shall not constitute a Default by Lessor provided Lessor uses commercially reasonably efforts to fully restore the Core Service.

  • Notwithstanding anything in the Lease to the contrary, Lessee shall not be required to pay the Make-Whole Premium if the obligation to pay the same results from an Event of Default by Lessor under the Debt Documents providing such Event of Default is not caused by or otherwise related to a Lease Event of Default.

  • If any Default by Lessor occurs, Lessee will have the right, at Lessee’s election, then or at any later time, to exercise the remedy described below.

  • Failure by Lessee to enforce one or more of the remedies provided herein upon an Event of Default by Lessor shall not be deemed or construed to constitute a waiver of such default, or any other violation or breach of any of the terms, provisions or covenants herein contained.

  • If the Premises do not substantially comply with the provisions of this Lease, the Contracting Officer may terminate this Lease in accordance with Paragraph 1.04, Termination Rights, and/or Paragraph 2.12, Default by Lessor, of this Lease.

  • If any Default by Lessor occurs, ▇▇▇▇▇▇ will have the right, at ▇▇▇▇▇▇’s election, then or at any later time, to exercise the remedy described below.

  • No interruption or malfunction of any utility services not caused by Lessee shall be an Event of Default or an occurrence that would lead to an Event of Default by Lessor upon the giving of notice or passage of time.


More Definitions of Default by Lessor

Default by Lessor. Lessor shall not be 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 of deed of trust covering the Premises whose name and address shall have therefore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; 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 thirty (30) day period and thereafter diligently prosecutes the same to completion. In the event Lessor shall neglect or fail to perform or observe any of the covenants, provision or conditions contained in this Lease on its part to be performed or observed within thirty (30) days after written notice of default, or if more than thirty (30) days shall be required because of the nature of the default, if Lessor shall fail to proceed diligently to cure such default after written notice, then in that event, Lessor shall be responsible to Lessee for any and all damages sustained by Lessee as a result of Lessor's breach.
Default by Lessor. If Lessor defaults in the performance of any term, covenant, or condition required to be performed by him under this lease, after written notice to Lessor by Lessee, unless Lessor shall have cured or commenced to cure such default prior to expiration of a period of thirty (30) days following such notice, Lessee may remedy such default by any necessary action, and in connection with such remedy may pay expenses; all reasonable sums expended or obligations incurred by Lessee in connection therewith shall be paid by Lessor to Lessee on demand, and on failure of such reimbursement, Lessee may, in addition to any other right or remedy that Lessee may have, deduct the costs and expenses thereof from rent subsequently becoming due hereunder.
Default by Lessor. Lessor shall in no event be in default in the performance of any of its obligations under the Lease unless and until Lessor has failed to perform such obligations within sixty (60) days, or such additional time as is reasonably required to correct any default, after notice by Lessee to Lessor properly specifying Lessor’s failure to perform any such obligation.
Default by Lessor. Lessor shall not be 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, specifying wherein Lessor has failed to perform each obligation; provided, however, that if the nature of Lessor's obligations 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 pursues the same to completion.

Related to Default by Lessor

  • Landlord Default shall have the meaning given such term in Article 14.

  • Lease Event of Default shall have the meaning specified in Section 17.1 of the Lease.

  • Event of Default has the meaning specified in Section 8.01.

  • Default means any event or condition that constitutes an Event of Default or that, with the giving of any notice, the passage of time, or both, would be an Event of Default.

  • Loan Event of Default An “Event of Default” as defined in the Loan Agreement.