Agent’s Right to Cure. At any time following the occurrence and during the continuation of a Lease Event of Default that the Landlord intends to declare as such, the Landlord shall notify (to the extent Landlord has knowledge thereof) the Agents of such Lease Event of Default and any Agent may thereafter or after notice of a Lease Event of Default from any Tenant or Guarantors cure (if and when curable) in whole (but not in part) such Lease Event of Default, so long as such cure is completed within the time period given to the Tenants to cure such Lease Event of Default under the Master Lease. No Agent shall have the obligation or duty to cure or cause to be cured any Lease Event of Default of any Obligor under any Lease Document.
Agent’s Right to Cure. Agent may, at its option and without any obligation to do so, pay, perform, and discharge any and all amounts, costs, expenses and liabilities that are Borrower’s responsibility under any of the Loan Documents if Borrower fails to timely pay, perform or discharge the same after 10 days prior written notice to Borrower of Agent’s intent to take any such action, and all amounts reasonably expended by Agent in so doing shall become part of the Obligations, secured by the Liens in favor of Agent created in accordance with this Agreement, and shall be immediately due and payable by Borrower to Agent on demand.
Agent’s Right to Cure. In the event of any default by Assignor under the Property Management Agreement beyond applicable notice and cure periods, if any, Agent shall have the right (but not the obligation) to cure such default and upon written notice to Assignor and Property Manager of its election to cure such default and take any action under the Property Management Agreement to preserve the same, Agent shall have the opportunity to commence and complete such action necessary to cure such default, so long as such action is taken within the period of time otherwise allotted to Assignor under the Property Management Agreement to cure such default. Agent may take such action in Agent’s name or in the name of Assignor or otherwise. Property Manager agrees to provide Agent with a copy of any notice of default by Assignor under the Property Management Agreement simultaneously with its delivery of such notice to Assignor, and any notice to Assignor from Property Manager shall not be effective unless Agent has also been provided a copy of such notice. Assignor hereby grants to Agent the right of access to the Property for this purpose, if such action is necessary. Assignor hereby authorizes Property Manager to accept the performance of Agent in such event, without question. Any advances made by Agent to cure a default by Assignor under the Property Management Agreement shall constitute a Protective Advance (as defined in the Loan Agreement) and shall be secured by the Security Instrument and the other Loan Documents; provided, however, no such notice shall be required for such Protective Advance to bear interest from the date expended at the Default Rate (as defined in the Loan Agreement) if such advance has been made as an emergency as determined by Agent in its Permitted Discretion.
Agent’s Right to Cure. In addition to the other remedies provided to Agent in any Mortgage and the other Loan Documents, should any Indemnitor fail to abide by any provisions of this Agreement, Agent may, should it elect to do so, perform any corrective work required to achieve compliance with the environmental covenants required under Section 4 (“Corrective Work”). All funds reasonably expended by Agent in connection with the performance of any Corrective Work, including all attorneys’ fees, engineering fees, consultant fees and similar charges, shall become a part of the Obligations secured by Collateral and shall be due and payable by Indemnitors on demand. Each disbursement made by Agent pursuant to this provision shall bear interest at the Default Rate from the date any Indemnitor shall have received written notice that the funds have been advanced by Agent and the other Credit Parties until paid in full.
Agent’s Right to Cure. If any Ground Lease Default shall occur, or if Agent reasonably believes that a Ground Lease Default has occurred, or if Ground Lessor asserts that a Ground Lease Default has occurred (whether or not Mortgagor questions or denies such assertion), and has remained uncured beyond all notice and cure periods under the Ground Lease, then Agent may (but shall not be obligated to) take any action that Agent deems necessary or desirable, including, without limitation, (i) performance or attempted performance of any of Mortgagor’s obligations under the Ground Lease, (ii) curing or attempting to cure any actual or purported Ground Lease Default, (iii) mitigating or attempting to mitigate any damages or consequences of the same, and (iv) entry upon the Premises for any or all of such purposes. Upon Agent’s request, Mortgagor shall submit to Agent satisfactory evidence of payment or performance of any of Mortgagor’s obligations under the Ground Lease. Agent may pay and expend such reasonable sums of money as Agent in its sole discretion deems necessary or desirable for any such purpose, and Mortgagor shall pay to Agent immediately upon demand all such sums so paid or expended by Agent, together with interest thereon from the date of expenditure at the Default Rate.
Agent’s Right to Cure. Borrower, immediately upon receipt, shall deliver to Agent at the address set forth below, a true and complete copy of any notice of default or breach and all other communications respecting a default or breach, alleged default or breach, failure of performance, or other condition that, with lapse of time or after additional notice, or both, could become a default or breach by Borrower of or under the Custody Agreement, or otherwise relating to Borrower’s good standing with respect to the Custody Agreement. In the event of any default or breach by Borrower under the Custody Agreement, Agent shall have the right (but not the obligation), upon written notice to Borrower and Custodian, and until such default is cured, to cure such default and take any action under the Custody Agreement to preserve the same, so long as such action is taken within the period of time otherwise allotted to Borrower under the Custody Agreement to cure such default. Any advances made by Agent from its own funds to cure a default or other breach by Borrower under the Custody Agreement shall become a part of the Obligations, shall be due immediately, and shall draw interest at the rate contemplated by the Loan Agreement.
Agent’s Right to Cure. In the event that Borrower shall default in the performance or observance of any of the terms, conditions or agreements in the Lease, Tenant shall give written notice thereof to Agent and Agent shall have the right (but not the obligation) to cure such default. Tenant shall not take any action with respect to such default under the Lease, including, without limitation, any action in order to terminate, rescind or void the Lease, to claim a partial or total eviction, or to withhold any rental thereunder, for a period of thirty (30) days after receipt of such written notice by Agent (provided, that in the case of any default which cannot be cured by the payment of money and cannot with diligence be cured within such thirty (30) day period because of the nature of such default, if Agent shall proceed promptly to cure the same and thereafter shall prosecute the curing of such default with diligence and continuity, then the time within which such default may be cured shall be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity, but in no event later than thirty (30) days after the expiration date of the applicable cure period under the Lease). Nothing herein, however, shall be construed as a promise or undertaking by Agent to cure any default of Borrower as landlord under the Lease.
