Cure by Mortgagee. The curing of any default of Landlord’s under this Lease by any Holder shall be treated as performance by Landlord.
Cure by Mortgagee. Landlord shall give to any mortgagee who has notified Landlord of its Leasehold Mortgage, simultaneously with service on Tenant, a duplicate of any and all notices or demands given by Landlord to Tenant and no such notice to Tenant shall be effective unless a copy is so served upon said mortgagee. Such mortgagee shall have the right, but not the obligation, to cure any default by Tenant hereunder, by completing such cure at any time within sixty (60) days following the expiration of the cure period otherwise applicable to Tenant, or, if said default is of a nature that it may not reasonably be cured within the applicable cure period, then if mortgagee commences to cure during the applicable cure period and proceeds with such cure diligently and with reasonable dispatch, and Landlord shall accept performance by or at the instance of such mortgagee as if the same had been made by Tenant.
Cure by Mortgagee. In the event any obligation of Developer is for the payment of money or fees, other than standard permit or processing fees, and a Default is declared by City based upon such failure to pay, a Mortgagee may be granted an extended time to remedy or cure until such time as Mortgagee obtains possession of the Property; provided, Mortgagee agrees that any money due City which remains unpaid shall bear the higher of the legal rate of interest or the Consumer Price Index as the measure of inflation.
Cure by Mortgagee. If Mortgagor at any time fails to pay any claim, lien or encumbrance which shall be prior to this Mortgage, or fails to respond promptly to a Release or threat of Release (as hereinafter defined) of a hazardous, toxic or polluting substance or waste including petroleum or petroleum products ("Hazardous Substances"), or an Environmental Complaint (as hereinafter defined), or fails to diligently and expeditiously complete actions necessary to comply with applicable Legal Requirements, or to any notice described in Paragraph 5(d) or Paragraph 19(b) hereof, or to pay when due any tax or assessment or any insurance premium, or to keep the Mortgaged Premises in repair, or to replace or restore as required hereby, or shall commit or permit waste, or if there be commenced any action or proceeding affecting the Mortgaged Premises, the Collateral or the title thereto, Mortgagee, at its option, may pay such claim, lien, encumbrance, tax, assessment or premium, with right of subrogation thereunder, may procure such abstracts or other evidence of title as it deems necessary, may make such cleanup, repairs, replacements or restorations and take such steps as it deems advisable to prevent or cure such failure, and may appear in any such action therein as Mortgagee deems advisable, and for any of such purposes Mortgagee may advance such sums of money as it deems necessary to carry out the foregoing (but in no event shall Mortgagee be under any obligation to do any of the foregoing or to advance any such sums). Mortgagor shall pay to Mortgagee immediately and without demand all sums of money advanced by Mortgagee pursuant to this Paragraph 6, together with interest on each advance at the Default Rate, as defined in the Note, and all such sums and interest thereon shall be secured hereby.
Cure by Mortgagee. If any Mortgagee sends to Tenant written notice of the existence of its Mortgage, then Tenant shall, so long as such Mortgage is in existence, be required to give to such Mortgagee the same notice and opportunity to correct any default as is required to be given to Landlord under this Lease, but such notice of default may be given by Tenant to Landlord and such Mortgagee concurrently.
Cure by Mortgagee. After a Notice of Default shall have been given to YIDA or the Company, each Leasehold Mortgagee shall, in the first instance, have the same time periods for cure and the same rights to cure, but not the obligation to cure, as are provided to YIDA or the Company to remedy or cause to be remedied the Event(s) of default which are the subject matter of such notice (it being understood that such period for cure shall run concurrently). CDA agrees to accept performance by any Leasehold Mortgagee of any covenant, condition or agreement on XXXX’s or the Company's part to be performed hereunder with the same force and effect as though performed by XXXX or the Company, it being clearly understood and agreed, however, that the right of any Leasehold Mortgagee to cure is subordinate to XXXX’s or the Company's primary right to cure any default or Event of Default. YIDA and the Company authorize any Leasehold Mortgagee to take any such action at such Leasehold Mortgagee’s option and the Leasehold Mortgagee is hereby authorized to enter on the Premises for such purpose. CDA’s giving of notice to each Leasehold Mortgagee under the provisions of this Subsection 7.2.1 shall not preclude CDA from giving any subsequent Notice of Default to YIDA or the Company which is required or permitted to be given pursuant to Article XIII of this Lease, provided, however, that upon giving any subsequent Notice of Default to YIDA or the Company, CDA shall simultaneously provide a copy of such notice to each Leasehold Mortgagee, as set forth above.
Cure by Mortgagee. After the occurrence of an event of default, Garage Owner shall deliver notice of such default to any Mortgagee designated under Section 8.1 (“Hotel Mortgagee”) contemporaneously with the delivery of such default notice to Hotel Owner. Hotel Mortgagee shall have ten (10) Business Days after the expiration of Hotel Owner’s applicable cure period, if any, to cure the applicable default.
Cure by Mortgagee. Should Company default, or should an event of termination occur as set forth in Articles 6 or 7, and any mortgagee or encumbrance holder shall be entitled to cure the default on behalf of Company pursuant to the provisions of Article 6 and 7, then Project Manager shall accept same.
Cure by Mortgagee. If, within thirty (30) days from receipt by First Permitted Mortgagee of Landlord's notice of any default of Tenant, the holder of the First Permitted Mortgage or any other Permitted Mortgage moves, either itself or through a receiver, to take possession of the Premises and begins or continues the Work; and if, with respect to any default by Tenant under this Lease, the right of Landlord to terminate this Lease shall not have accrued, then the Depositary shall pay over to the holder of such Permitted Mortgage, or to the receiver, as the case may be, the proceeds of insurance pursuant to Section 14.2 upon receipt from the holder of such Permitted Mortgage or such receiver of the certificates of the character required from Tenant under Section 14.2(A).
Cure by Mortgagee. If the Event of Default can be cured by the payment of money, Mortgagee shall have the right at any time, at its sole option, and without waiving or affecting its other remedies hereunder, to pay such sums of money as may be necessary to cure the default. All sums so paid, together with interest at the default interest rate and together with all reasonable costs, charges, attorneys' fees and expenses incurred in connection with the payment shall be immediately due and payable by Mortgagor and shall be secured by this Mortgage. Notwithstanding such payments by Mortgagee, the Event of Default shall be deemed to be continuing until Mortgagee has been reimbursed by Mortgagor as described herein.
