DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity.
(b) The following will be deemed a default by Landlord and a breach of this Agreement. Landlord's failure to perform any term, condition, or breach of any warranty or covenant under this Agreement within forty- five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord by Tenant.
DEFAULT AND RIGHT TO CURE. A party shall be deemed in default under this Lease if it fails to make any payment, or to perform any obligation required of it within any applicable time period specified and does not commence curing such breach within thirty (30) days after receipt of written notice of such breach from the non-defaulting party (“Default”). This Lease, or Tenant’s rights of possession shall not be terminated due to any Tenant Default unless: (a) the Default is material or is a result of unpaid rent; (b) Landlord shall have given Tenant not less than thirty (30) days prior written notice, after the expiration of the cure period described above, and Tenant fails to cure or commence the cure of such Default within the second thirty (30) day notice period; and (c) Landlord lacks any other adequate legal or equitable right or remedy. Failure to provide Tenant access to the Premises, as required above, within 24 hours after receiving written notice of such failure shall be deemed a material Default.
DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Xxxxxx and a breach of this Agreement: (i) non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or
DEFAULT AND RIGHT TO CURE. 20.1 In the event of any default or breach of any obligations by any party hereunder, the other party may terminate this Agreement by giving written notice to the defaulting or breaching party of the alleged default or breach. The defaulting or breaching party shall have thirty (30) days following such written notice to same; provided, however, that with respect to a default by Licensee under Section 3 above, Licensee shall have five (5) business days after receipt of such written notice within which to cure such default; and provided further, that with respect to a default by Licensee under Section 10, above, Licensor shall have two (2) business days within which to cure such default.
20.2 If the noticed default or breach is timely cured, then performance shall continue under this Agreement as if no default or breach had occurred. If there is no timely cure, then the party giving such notice may pursue any and all legal remedies available for the default or breach, including termination in the event the default or breach is material. If this Agreement is terminated by Licensor due to a material default or breach by Licensee, then Licensor shall be entitled to recover all amount of the License Fee that has accrued but not been paid, all amounts of the License Fee remaining to be paid, plus interests, costs and attorneys’ fees.
20.3 The failure to assert any default or breach shall not constitute the waiver of or acquiescence in any other default or breach hereunder.
20.4 Except as expressly provided in this Agreement, any amount due from one party to the other and not paid when due shall bear interest at the maximum rate allowable by law from the date due. Payment of such interest shall not excuse or cure any other default under this Agreement.
20.5 In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and litigation expenses in addition to other relief.
DEFAULT AND RIGHT TO CURE. Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each party shall have the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 12 hereof, to take effect immediately, if the other party fails to perform any covenant for a period of thirty (30) days after receipt of written notice thereof to cure.
DEFAULT AND RIGHT TO CURE. 9.1 The following is a default by Tenant and a breach of this Agreement: Tenant's failure to perform any term or condition under this Agreement within thirty (30) days after receipt of written notice from County specifying the failure. A failure to cure a non-monetary default will not be deemed to exist if Tenant has commenced efforts to cure such default within the 30-day cure period, provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, County has the right to exercise any and all rights and remedies available to it under law and equity, including termination of this Agreement pursuant to Xxxxxxx 00, Xxxxxxxxxxx.
9.2 The following is a default by County and a breach of this Agreement: County's failure to provide Tenant access to the Premises within 24 hours of receipt of notice from Tenant, or to perform any term or condition under this Agreement within forty-five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if County has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of County.
DEFAULT AND RIGHT TO CURE. Except for those Sections of this Lease which describe a specific cure period (which specific cure periods shall govern), without waiving any other rights granted to it at law or in equity, each party shall have the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 13 hereof, to take effect immediately, if the other party fails to perform any covenant for a period of thirty (30) days after receipt of written notice thereof to cure such breach, provided that the breaching party shall have such extended period as may be reasonably required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the breaching party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-breaching party shall not maintain any action or effect any remedies for default against the breaching party unless and until the breaching party has failed to cure the breach within the time periods provided in this Section. Notwithstanding the foregoing to the contrary, it shall be a default under this Lease if either party fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by such party under this Lease if the failure to perform such an obligation interferes with the other party’s or such party’s other tenants ability to conduct their business on the Property; provided, however, that if the nature of the obligation is such that more than five (5) days after such notice is reasonably required for its performance, then it shall not be a default under this Lease if performance is commenced within such five (5) day period and thereafter diligently pursued to completion.
DEFAULT AND RIGHT TO CURE. 22 30. INDEMNIFICATION ........................................................23 EXHIBIT A Description of Subleased Premises ..................................25 EXHIBIT B Prime Lease ........................................................26 (ii) SUBLEASE This Sublease is entered into as of this 20 day of October, 1997, by and between AT&T CORP., a New York corporation, with offices at 000 Xx. Xxxx Xxxx, Xxxxxxx Xxxxx, Xxx Xxxxxx 00000 (hereinafter "Sublandlord") and TECHSTAR COMMUNICATIONS, INC., a _____________ corporation, with offices at 0000 Xxxx Xxxx Xxxxxxx - Xxxxx 0000, Xxxxxxxx, Xxxxxxxx 00000, (hereinafter "Subtenant").
DEFAULT AND RIGHT TO CURE. The provisions of subparagraphs 20.1.a and 20.1.b of the Prime Lease notwithstanding, the following shall be deemed an "Event of Default" by Subtenant under this Sublease: (a) Nonpayment of rent or any other of Subtenant's monetary obligations due as specified hereunder, if remaining unpaid more than ten (10) days after receipt of notice from Sublandlord of such failure to pay; or (b) Subtenant's failure to perform any other obligation, covenant, agreement, representation or warranty under this Sublease within thirty (30) days after receipt of notice from Sublandlord reasonably specifying the failure. No such failure, however, shall be deemed to exist if Subtenant in fact shall honestly commence to rectify the same with such thirty-day period and provided such efforts shall be prosecuted to completion with reasonable diligence. Delay in rectifying the same shall be excused if due to causes beyond the reasonable control of Subtenant.
DEFAULT AND RIGHT TO CURE. Except as otherwise specified in this Agreement, a Party shall be deemed in default under this Agreement if it fails to make any payment, or to perform any obligation required of it within any applicable time period specified and does not commence curing such breach within thirty (30) days after receipt of written notice of such breach from the non- defaulting Party (“Default”). This Agreement shall not be terminated due to any Licensee Default unless County shall have given Licensee not less than thirty (30) days prior written notice, after the expiration of the cure period described above, and Licensee fails to cure or commence the cure of
