Common use of Curing Defaults Clause in Contracts

Curing Defaults. If Tenant defaults in the performance of its obligations under this Lease, Landlord, without waiving such default, may perform such obligation at Tenant’s expense: (a) immediately, and without notice, in the case of emergency or if the default (i) materially interferes with the use by any other tenant of the Building, (ii) materially interferes with the efficient operation of the Building, (iii) results in a violation of any federal, state or local law, rule, ordinance or regulation, or (iv) results or will result in a cancellation of any insurance policy maintained by Landlord, and (b) in any other case if such default continues after ten (10) days from the date Landlord gives notice of Landlord’s intention to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any unlawful detainer proceeding) brought by Landlord to enforce any obligation of Tenant under this lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the rate provided in this Lease for past due sums from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses in connection with such obligation which, pursuant to this Lease are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the tern’s of the bills rendered by Landlord to Tenant.

Curing Defaults. If either party is required to perform or comply with any agreement or provision hereof and shall fail to do so within the time provided therefor (or if no time is provided therefore, then within thirty (30) days after written demand for compliance shall have been received by any party hereto from the other, unless such default shall be of such nature that same cannot be completely cured within such thirty (30) day period but the curing thereof has been commenced within the said thirty (30) day period and shall thereafter be continued with reasonable diligence) then, in such case, upon the expiration of the time provided in this Article for the performance or compliance therewith or for the curing of same, the party demanding compliance may perform and comply therewith for the account and at the expense of the party failing to do so; and the party failing to do so, immediately upon receipt of an itemized invoice of the cost and expense thereof, agrees to promptly pay the reasonable cost and expense incurred by the other party hereto, with interest at the rate of eight (8%) percent per annum to the date payment is received. Should the Tenant defaults be the party failing to make such payment, the cost and expenses thereof shall be charged to Tenant as additional rent, which shall be paid by the Tenant on the next rent payment date following the date of receipt by Tenant such invoice, and in the performance event such additional rent shall not be paid when due, it may be collected in the same manner as is herein provided for the collection of rent. Should the Landlord be the party failing to make such payment to the Tenant, then the Tenant, without impairing or affecting any other of its obligations under this Leaserights, Landlord, without waiving such default, may perform such obligation at Tenant’s expense: (a) immediatelyshall have the right to withhold payment of all rent, and without noticeadditional rent if any, in the case of emergency or if the default (i) materially interferes with the use by any other tenant of the Building, (ii) materially interferes with the efficient operation of the Building, (iii) results in a violation of any federal, state or local law, rule, ordinance or regulation, or (iv) results or will result in a cancellation of any insurance policy maintained by Landlord, and (b) in any other case if until Tenant has recouped all such default continues after ten (10) days from the date Landlord gives notice of Landlord’s intention to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it and all costs and expenses, including reasonable counsel fees with interest as aforesaid, to the date full payment is received. In any such case, if Landlord is in default hereunder, Tenant, without impairing or affecting any other rights it may have for damages or otherwise, shall have the right to cancel and disbursements, incurred by Landlord in any action or proceeding (including any unlawful detainer proceeding) brought by Landlord to enforce any obligation of Tenant under terminate this lease and/or right by giving written notice of Landlord Tenant's election to do so; and upon giving such notice the life of this lease shall cease and come to an end as of the date set forth in said notice, with the same force and effect as if the date set forth were the date originally fixed for the termination of the 7 term and of any extended term thereof. In computing the time within which either party is required to comply with any covenant, agreement or to the Premisesprovision of this lease, there shall be paid by Tenant to Landlord excluded therefrom periods of reasonable delay on demand, with interest thereon at the rate provided in this Lease for past due sums from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses in connection with such obligation which, pursuant to this Lease are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenantwar, are provided"labor troubles", furnished or rendered by Landlord, shall become due "Acts Of God" and payable by Tenant to Landlord in accordance with the tern’s of the bills rendered by Landlord to Tenantother unavoidable delays.

Curing Defaults. If Tenant defaults in the performance of its obligations under this LeaseLease after the expiration of any applicable cure periods, Landlord, without waiving such default, may perform such obligation at Tenant’s expense: (a) immediately, and without notice, in the case of emergency or if the default (i) materially interferes with the use by any other tenant of the Building, (ii) materially interferes with the efficient operation of the Building, (iii) results in a violation of any federal, state or local law, rule, ordinance or regulation, or (iv) results or will result in a cancellation of any insurance policy maintained by Landlord, and (b) in any other case if such default continues after ten twenty (1020) days from the date Landlord gives notice of Landlord’s intention to perform the defaulted obligationobligation (or, if such default cannot be cured within such twenty (20) day period, if Tenant fails to diligently commence such cure within such twenty (20) day period). All costs and expenses incurred by Landlord in connection with any such performance by it and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any unlawful detainer proceeding) brought by Landlord to enforce any obligation of Tenant under this lease and/or right of Landlord in or to the Leased Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the rate provided in this Lease for past due sums from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses in connection with such obligation which, pursuant to this Lease are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the tern’s terms of the bills rendered by Landlord to Tenant.

Curing Defaults. If Tenant defaults in the performance of any Owner shall fail to perform its obligations under this LeaseAgreement or the Declaration, Landlordand if the failure to perform such obligations would adversely affect another Owner or an Occupant of any Unit not owned by such Owner or interfere with the efficient operation of the Building Common Elements, without waiving such default, the Board may perform such obligation obligations for the account and at Tenant’s expense: the expense of such Owner (a) immediatelyimmediately or at any time thereafter, and without notice, in the case of emergency or if a failure which in the default (i) materially interferes with the use by any other tenant judgment of the Building, (ii) materially interferes with the efficient operation of the Building, (iii) results Board could result in a violation of any federal, state personal injury or local law, rule, ordinance or regulationmaterial property damage, or (ivb) results or will result upon not less than fifteen (15) days’ notice in a cancellation the case of any insurance policy maintained by Landlordother failure, and (b) or, in any other the case if of a failure which for causes beyond such default continues after ten (10) days Owner’s control cannot with due diligence be cured within said 15 day period, such longer period of time as shall be necessary, provided that such Owner, promptly upon receipt of such notice from the date Landlord Board, gives the Board notice of Landlordsuch Owner’s intention to perform duly institute all steps necessary to remedy such failure, and thereafter diligently prosecutes to completion all steps necessary to remedy the defaulted obligationsame. All costs and expenses incurred by Landlord in connection with If the Board makes any such performance by it and all costs and expensesexpenditures or incurs obligations for the payment of money, including reasonable counsel attorneys’ fees and disbursementsin instituting, incurred by Landlord in prosecuting or defending any action or proceeding (including by reason of any unlawful detainer proceeding) brought by Landlord to enforce any obligation default of Tenant under this lease and/or right of Landlord in such Owner, such sums paid or to the Premises, obligations incurred shall be paid by Tenant charged to Landlord on demand, with such Owner as a Building Expense and shall bear interest thereon at the rate provided in this Lease for past due sums Default Rate from the date incurred charged until the date paid. Notwithstanding clause (a) of the first sentence of this Section 8.10: (i) the Board shall use reasonable efforts to give prior notice (which may be oral) to any Occupant of any entry into the Unit it occupies pursuant to such clause (a), and (ii) the Board shall not enter any Unit pursuant to clause (a) unless the need to do so is immediate. The Board agrees that it will exercise its rights under this Section 8.10, and enforce the performance by Landlord. Except as expressly provided the Unit Owners of the obligations referred to the contrary in this LeaseSection 8.10, all costs and expenses (A) in connection a manner consistent with such obligation which, pursuant to this Lease are incurred by Landlord and payable to Landlord by Tenantthe Building Standard, and (B) in a manner applicable to all chargesOccupants in a non-discriminatory manner, amounts and sums payable to Landlord by Tenant for notwithstanding any propertycommon ownership, material, labor, utility contractual relationships or other services which, pursuant to this Lease or at commonality of interest between the request Board and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the tern’s of the bills rendered by Landlord to Tenantany Unit Owner.

Curing Defaults. If Tenant defaults in the performance of its obligations under this LeaseLease after the expiration of any applicable cure periods, Landlord, without waiving such default, may perform such obligation at Tenant’s 's expense: (a) immediately, and without notice, in the case of emergency or if the default (i) materially interferes with the use by any other tenant of the Building, (ii) materially interferes with the efficient operation of the Building, (iii) results in a violation of any federal, state or local law, rule, ordinance or regulation, or (iv) results or will result in a cancellation of any insurance policy maintained by Landlord, and (b) in any other case if such default continues after ten twenty (1020) days from the date Landlord gives notice of Landlord’s 's intention to perform the defaulted obligationobligation (or, if such default cannot be cured within such twenty (20) day period, if Tenant fails to diligently commence such cure within such twenty (20) day period). All costs and expenses incurred by Landlord in connection with any such performance by it and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any unlawful detainer proceeding) brought by Landlord to enforce any obligation of Tenant under this lease and/or right of Landlord in or to the Premises, shall be paid by Tenant to Landlord on demand, with interest thereon at the rate provided in this Lease for past due sums from the date incurred by Landlord. Except as expressly provided to the contrary in this Lease, all costs and expenses in connection with such obligation which, pursuant to this Lease are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord in accordance with the tern’s terms of the bills rendered by Landlord to Tenant.

Curing Defaults. If Tenant defaults either party is required to perform or comply with any agreement or provision hereof and shall fail to do so within the time provided therefor (or if no time is provided therefor then within thirty (30) days after written demand for compliance shall have been received by any party hereto from the other unless such default shall be of such nature that same cannot be completely cured within such thirty (30) day period but the curing thereof has been commenced within the said thirty (30) day period and shall thereafter be continued with reasonable diligence), then in each such case, upon the expiration of the time provided in this article for the performance or compliance therewith or for the curing of same, the party demanding compliance may perform and comply therewith for the account and at the expense of the party failing to do so; and the party failing to do so immediately upon receipt of an itemized invoice of the cost and expense thereof, agrees to promptly pay the reasonable cost and expense incurred by the other party hereto, with interest at the rate often (10%) percent per annum to the date payment is received. Should Lessee be the party failing to make such payment, the cost and expense thereof shall be charged to Lessee as additional rent, which shall be paid by the Lessee on the next rent payment date following the date of receipt by Lessee of such invoice, and in the performance event such additional rent shall not be paid when due, it may be collected in the same manner as is herein provided for the collection of rent. Should Lessor be the party failing to make such payment to Lessee then Lessee, without impairing or affecting any other of its obligations under this Leaserights, Landlord, without waiving such default, may perform such obligation at Tenant’s expense: (a) immediatelyshall have the right to withhold payment of all Base Rent, and without noticeadditional rent, in the case of emergency or if the default (i) materially interferes with the use by any other tenant of the Buildingany, (ii) materially interferes with the efficient operation of the Building, (iii) results in a violation of any federal, state or local law, rule, ordinance or regulation, or (iv) results or will result in a cancellation of any insurance policy maintained by Landlord, and (b) in any other case if until Lessee has recouped all such default continues after ten (10) days from the date Landlord gives notice of Landlord’s intention to perform the defaulted obligation. All costs and expenses incurred by Landlord in connection with any such performance by it and all costs and expenses, including reasonable counsel fees and disbursementswith interest as aforesaid, incurred by Landlord in any action or proceeding (including any unlawful detainer proceeding) brought by Landlord to enforce any obligation of Tenant under this lease and/or right of Landlord in or to the Premisesdate full payment is received. In any such case if Lessor is in default hereunder, Lessee, without impairing or affecting any other rights it may have for damages or otherwise, shall be paid have the right to cancel and terminate this Lease by Tenant giving written notice of Lessee’s election to Landlord on demanddo so; and upon giving such notice the life of this Lease shall cease and come to an end as of the date set forth in said notice, with interest thereon at the rate provided in this Lease for past due sums from same force and effect as if the date incurred by Landlordset forth were the date originally fixed for the termination of the term and of any extended term thereof. Except as expressly provided In computing the time within which either party is required to the contrary in comply with any covenant, agreement or provision of this Lease, all costs and expenses in connection with such obligation which, pursuant to this Lease are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the there shall be excluded therefrom periods of reasonable delay on account of Tenantwar, are provided, furnished or rendered by Landlord, shall become due “Acts of God” and payable by Tenant to Landlord in accordance with the tern’s of the bills rendered by Landlord to Tenantother unavoidable delays.

Curing Defaults. If Tenant defaults either party is required to perform or comply with any agreement or provision hereof and shall fail to do so within the time provided therefor (or if no time is provided therefor then within thirty (30) days after written demand for compliance shall have been received by any party hereto from the other unless such default shall be of such nature that same cannot be completely cured within such thirty (30) day period but the curing hereof has been commenced within the said thirty (30) day period and shall thereafter be continued with reasonable diligence) then, in each such case, upon the expiration of the time provided in this Section for the performance or compliance therewith or for the curing of its obligations under this Leasesame, Landlordthe party demanding compliance therewith or for the curing of same, without waiving such default, may perform such obligation at Tenant’s expense: (a) immediately, and without notice, in the case party failing to do so immediately upon receipt of emergency or if the default (i) materially interferes with the use by any other tenant an itemized invoice of the Buildingcost and expense thereof, agrees to promptly pay the reasonable cost and expense 8 incurred by the other party hereto, with interest at the rate of eight percent (ii8%) materially interferes with the efficient operation of the Building, (iii) results in a violation of any federal, state or local law, rule, ordinance or regulation, or (iv) results or will result in a cancellation of any insurance policy maintained by Landlord, and (b) in any other case if such default continues after ten (10) days from per annum to the date Landlord gives notice of Landlord’s intention payment is received. Should the Lessee be the party failing to perform make such payment, the defaulted obligation. All costs cost and expenses incurred by Landlord in connection with any such performance by it and all costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any unlawful detainer proceeding) brought by Landlord to enforce any obligation of Tenant under this lease and/or right of Landlord in or expense thereof shall be charged to the PremisesLessee as additional rent, which shall be paid by Tenant the Lessee on the next rent payment date following the date of receipt by Lessee of such invoice, and in the event such additional rent shall not be paid when due, it may be collected in the same manner as is herein provided for the collection of rent. In any such case if Lessor is in default hereunder, Lessee, without impairing or affecting any other rights it may have for damages or otherwise, shall have the right to Landlord on demandcancel and terminate this Lease by giving written notice of Lessee's election to do so, upon giving such notice the life of this Lease shall cease and come to an end as of the date of receipt of the notice or Lessee's vacating the premises, whichever occurs last, with interest thereon at the rate provided in this Lease for past due sums from same force and effect as if the date incurred by Landlordset forth were the date originally fixed for the termination of the term of any extended term thereof. Except as expressly provided In computing the time within which either party is required to the contrary in comply with any covenant, agreement or provision of this Lease, all costs and expenses in connection with such obligation which, pursuant to this Lease are incurred by Landlord and payable to Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant for any property, material, labor, utility or other services which, pursuant to this Lease or at the request and for the there shall be excluded therefrom periods of reasonable delay on account of Tenantwar, are provided"labor troubles", furnished or rendered by Landlord, shall become due "Acts of God" and payable by Tenant to Landlord in accordance with the tern’s of the bills rendered by Landlord to Tenantother unavoidable delays.