Common use of Cure Obligations Clause in Contracts

Cure Obligations. No term or condition of the Agreement or this Exhibit shall be deemed: (a) to require a Mortgagee to: (i) satisfy any obligation of Company under the Agreement; or (ii) cure any failure by Company to satisfy its obligations under the Agreement; or (b) make a Mortgagee liable for any such failure; provided that, if a Mortgagee completes a Mortgagee Remedy, then such Mortgagee or the Replacement Company, as applicable, promptly shall: (a) pay (or cause to be paid) to the Town Bodies any and all amounts owed by Company to the Town Bodies under the Agreement; and (b) commence, and diligently pursue to completion, a cure of any other existing Curable Defaults. Notwithstanding the foregoing, neither the Mortgagee nor the Replacement Company shall be: (a) required to cure any Incurable Defaults; (b) liable for, or with respect to, any Incurable Defaults; or (c) liable for any damages, losses, or expenses (including, without limitation, attorneys’ fees), incurred by the Town Bodies in connection with any uncured Events of Default that existed before, or on, the date on which the Mortgagee or the Replacement Company, as applicable, acquired the Collateral.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

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Cure Obligations. No term or condition of the Agreement or this Exhibit shall be deemed: (a) to require a Mortgagee to: (i) satisfy any obligation of Company Developer under the Agreement; or (ii) cure any failure by Company Developer to satisfy its obligations under the Agreement; or (b) make a Mortgagee liable for any such failure; provided that, if a Mortgagee completes a Mortgagee Remedy, then such Mortgagee or the Replacement CompanyDeveloper, as applicable, promptly shall: (a) pay (or cause to be paid) to the Town Bodies YRC any and all amounts owed by Company Developer to the Town Bodies YRC under the Agreement; and (b) commence, and diligently pursue to completion, a cure of any other existing Curable Defaults. Notwithstanding the foregoing, neither the Mortgagee nor the Replacement Company Developer shall be: (a) required to cure any Incurable Defaults; (b) liable for, or with respect to, any Incurable Defaults; or (c) liable for any damages, losses, or expenses (including, without limitation, attorneys' fees), incurred by the Town Bodies YRC in connection with any uncured Events of Default that existed before, or on, the date on which the Mortgagee or the Replacement CompanyDeveloper, as applicable, acquired the Collateral.

Appears in 1 contract

Samples: Economic Development Agreement

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Cure Obligations. No term or condition of the Agreement or this Exhibit shall be deemed: (a) to require a Mortgagee to: (i) satisfy any obligation of Company under the Agreement; or (ii) cure any failure by Company to satisfy its obligations under the Agreement; or (b) make a Mortgagee liable for any such failure; provided that, if a Mortgagee completes a Mortgagee Remedy, then such Mortgagee or the Replacement Company, as applicable, promptly shall: (a) pay (or cause to be paid) to the Town Bodies YRC any and all amounts owed by Company to the Town Bodies YRC under the Agreement; and (b) commence, and diligently pursue to completion, a cure of any other existing Curable Defaults. Notwithstanding the foregoing, neither the Mortgagee nor the Replacement Company shall be: (a) required to cure any Incurable Defaults; (b) liable for, or with respect to, any Incurable Defaults; or (c) liable for any damages, losses, or expenses (including, without limitation, attorneys’ fees), incurred by the Town Bodies YRC in connection with any uncured Events of Default that existed before, or on, the date on which the Mortgagee or the Replacement Company, as applicable, acquired the Collateral.

Appears in 1 contract

Samples: Economic Development Project Agreement

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