Book # 76 10-22-96-3-11-97, 96-233-97-062

Home Browse Search

• 30. LESSOR'S DEFAULT In the event LESSOR breaks a clause in this Lease, omits to undertake what is stated he will undertake or acts in a manner in which the Lease states he shall not act, LESSEE has the right of setoff in a subsequent month's rent for the fair value of said act, omission, repair or maintenance that hinders LESSEE'S leasehold interests. In addition. LESSEE shall have the option to cure a default/breach of Lease by LESSOR. if (a) LESSEE has sent written notice to LESSOR of LESSEE'S intent to cure, and (b) LESSOR fails to cure said default/breach within 30 days following LESSOR'S receipt of such notice from LESSEE per paragraph 27. 31. INTERRUPTION OF LEASE if any required service to be provided by LESSOR is interrupted or otherwise ceases to be provided. or a substantial part of the Premises are deemed unfit for LESSEE'S normal use for more than thirty (30) days. all rent payable by LESSEE shall abate until such interruption ceases. Said thirty (30) day period shall begin on the date LESSOR receives written notice from LESSEE of said interruption. In the event said interruption continues for more than said thirty (30) days. LESSEE shall have the option to terminate this Lease anytime until such time as said service is restored. 32. REMEDIES LESSOR and LESSEE shall have all remedies available at law or equity to enforce this Lease, and to proceed against the other party for any default of this Lease. 033. ATTORNEYS' FEES If either party becomes a party to any litigation concerning this Lease. the Premises, or the Building or other improvements in which the Premises are located, by reaso i of any act or omission of the other party or its authorized representatives, the party that caused the other party to become involved in the litigation shall be liable to that party for the reasonable attorneys' fees and court costs incurred by it in the litigation If either party commences an action against the other party arising out of or in connection with this Lease. the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. 34. FORCE MAJEURE In the event that either party shall be delayed or hindered in or prevented from doing or performing any act required in this Lease by reason of strikes, lock-outs, ca:;ualties, Acts of God, labor troubles, inability to procure materials. failure of power, governmental laws or regulations, riots.. insurrection, war or other causes beyond the reasonable control of such party, then such party shall not be liable or responsible for any 5.uch delays and the doing or performing of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 35. CONSENT OR APPROVAL • In each and every instance where the consent or approval of either party is required by the other party, said consent or approval shall he given in a prompt manner, and shall not be unreasonably withheld.