{219312.0001/M1805246_3}
5
for rent during the period the Premises remains uninhabitable.
2. If Landlord’s failure to comply does not make the Premises uninhabitable and Tenant continues to occupy the
Premises, the rent for the period of noncompliance will be reduced by an amount in proportion to the loss of rental
value caused by the noncompliance.
B. Tenant’s Default. Tenant will be in default if any of the following occur:
1. Tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday and legal
holidays, after delivery of written demand by Landlord for payment of the rent or possession of the Premises.
2. Tenant fails to perform its obligations under the Lease, and the failure is such that Tenant should not be given an
opportunity to correct it or the failure occurs within 12 months of a written warning by Landlord of a similar
failure. Examples of such failures which do not require an opportunity to correct include, but are not limited to,
destruction, damage, or misuse of Landlord’s or other Tenant’s property by an intentional act or a subsequent or
continued unreasonable disturbance.
3. Except as provided above, Tenant fails to perform any other obligation under the Lease and the default continues
for more than 7 days after deliver of written notice to Tenant from Landlord specifying the default.
C. Waiver of Default. If Landlord accepts rent knowing of Tenant’s default or accepts performance by Tenant of any
provision of the Lease different from the performance required by the Lease, if Tenant pays rent knowing of
Landlord’s default or accepts performance by Landlord of any provision of the Lease different from the performance
required by the Lease, the party accepting the rent or performance or making the payment shall not have the right to
terminate the Lease or to bring a lawsuit for that default, but may enforce any later default.
XV. REMEDIES AND DEFENSES.
A. Tenant’s Remedies.
1. If Landlord has defaulted under the Lease and if Tenant has given Landlord a written notice describing the default
and Tenant’s intention to withhold rent if the default is not corrected within 7 days, Tenant may withhold an
amount of rent equal to the loss in rental value caused by the default. If Tenant’s notice advises Landlord that
Tenant intends to terminate the Lease if the default is not cured within 7 days and the default is not cured within
the 7 days, Tenant may terminate the Lease.
2. If Tenant has given the notice referred to in subparagraph (1) above, and if Landlord has not corrected the default
within 7 days, Tenant may, in addition to withholding the applicable amount of rent, file a lawsuit in county court
to require Landlord to correct the default and for damages.
3. If Landlord’s default makes the Premises uninhabitable, and if Tenant has given Landlord a notice describing the
default and informing Landlord that Tenant intends to terminate the Lease, then if Landlord does not cure the
default within the 7-day period, Tenant may terminate the Lease at the end of the 7 days.
4. If Landlord violates the provisions of Section XII, Landlord shall be liable to Tenant for actual and consequential
damages or 3 months’ rent, whichever is greater, for each violation.
B. Landlord’s Remedies.
1. If Tenant remains on the Premises after expiration or termination of the Lease without Landlord’s permission,
Landlord may recover possession of the Premises in the manner provided for by law. Landlord may also recover
double rent for the period during which Tenant refuses to vacate the Premises.
2. If Tenant defaults under the Lease by failing to pay rent, as set forth in section XIV(B)(1), Landlord may
terminate Tenant’s rights under the Lease and Tenant shall vacate the Premises immediately. If Tenant defaults
under the Lease for any other reason, as set forth in sections XIC(B)(2) or (3) above, Landlord may terminate
Tenant’s rights under the Lease and Tenant shall vacate the Premises within 7 days of delivery of the notice of
termination.
3. If Tenant fails to cure a default within the time specified in the notice to Tenant, Landlord may recover possession
of the Premise as provided by law.
4. Landlord shall not recover possession of the Premises except:
a. in a lawsuit for possession;
b. when Tenant has surrendered possession of the Premises to Landlord; or
c. when Tenant has abandoned the Premises. Absent actual knowledge of abandonment, the Premises shall be
considered abandoned if Tenant is absent from them for at least one-half a Rental Installment Period, the rent
is not current,
and
5. If Tenant has defaulted under the Lease and Landlord has obtained a writ of possession. If Tenant has surrendered
possession of the Premises to Landlord or if Tenant has abandoned the Premises, Landlord may:
Tenant has not notified Landlord, in writing, of an intended absence.
a. treat the Lease as terminated, retake possession for Landlord’s own account, and any further liability of
Tenant will be ended;
b. retake possession of the Premises for Tenant’s account. Tenant will remain liable for the difference between
rent agreed to be paid under the Lease and rent Landlord is able to recover in good faith from a new tenant; or