DEFAULT AND RIGHT TO CURE. (a) The following shall 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 LANE COUNTY 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 LANE COUNTY specifying the failure. No such failure, however, will be deemed to exist if TENANT (1) has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence; or (2) has a good faith basis upon which to contest and defend against the claim of failure. 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, LANE COUNTY may exercise any and all rights and remedies available to it under law and equity.
(b) The following will be deemed a default by LANE COUNTY and a breach of this Agreement.: LANE COUNTY’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 LANE 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 LANE COUNTY. If LANE COUNTY remains in default beyond any applicable cure period, TENANT may exercise any and all rights available to it under law and equity, including the right to cure LANE COUNTY’s default and to deduct the costs of such cure from any monies due to LANE COUNTY from TENANT.
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. The following shall be deemed a default by Xxxxxx and a breach of this Lease: (a) Nonpayment of rent or other Tenant monetary obligations due as specified hereunder, if remaining unpaid more than thirty (30) days after receipt of written notice from Landlord, or (b) Tenant's failure to perform any other agreement, representation or warranty under this Lease within thirty
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. (a) In the event Lessee shall be in default in the payment of Base Rent or Additional Rent or in its obligations pursuant to Section 8 of this Lease and shall remain in default for a period of ten (10) days after written notice from Lessor, or Lessee shall otherwise breach any of its covenants or obligations hereunder and shall remain in default for a period of thirty (30) days after written notice from Lessor of such default, then, upon the occurrence of any one or more of such events, Lessor on an additional thirty (30) days’ notice to Lessee shall have the right and privilege of terminating this Lease and declaring the same at an end, and of entering upon and taking possession of the UNH Premises in accordance with applicable law, and shall have all other legal rights and remedies allowed by law or in equity available to Lessor arising from said breach.
(b) If Lessee shall at any time fail to make any payment or perform any other obligation of Lessee hereunder, including, without limitation, its obligations pursuant to Section 8 of this Lease, then Lessor shall have the right, but not the obligation, after fifteen (15) days’ written notice to Lessee, or without notice to Lessee in the case of any emergency, and without waiving or releasing Lessee from any obligations of Lessee hereunder, to make such payment or perform such other obligation of Lessee in such manner and to such extent as Lessor shall deem necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys and incur and pay reasonable attorneys’ fees. Lessee shall pay to Lessor upon demand all sums so paid by Xxxxxx and all incidental costs and expenses of Lessor in connection therewith, together with interest thereon at the annual rate of nine percent (9%) from the date of the making of such expenditures.
(c) Lessee shall have the right to terminate this Lease if all of Xxxxxx’s building plans have not been approved by the City or any building permits for Xxxxxx’s fit- out have not been issued by the City by June 30, 2020 based on Xxxxxx’s submission of requests for the same by January 31, 2020 consistent with the preview set dated June 21, 2019 previously shared with the City.
DEFAULT AND RIGHT TO CURE. 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”). For Defaults because Xxxxxx has failed to make payment when due, Landlord may terminate this Agreement if Tenant fails to cure such non-payment within the said cure period. For Tenant Defaults other than non-payment defaults, this Agreement, or Tenant’s rights of possession shall not be terminated due to any Tenant Default unless: (a) the Default is material; (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 and thereafter diligently pursue the cure of such Default within the second thirty (30) day notice period.
DEFAULT AND RIGHT TO CURE. A. The following will be deemed a default by Tenant and a breach of this Agreement: (i) nonpayment of Rent if such rents remain unpaid for more than ten (10) days after the first day of each month; or (ii) Tenant's failure to perform any other term or condition under this Agreement or under the Permit within thirty (30) days after receipt of written notice from Permittee or Signature specifying the failure. If Tenant remains in default beyond any applicable cure period, Permittee will have the right to exercise any and all rights and remedies available to it under law and equity, including the right to cure Tenant's default and to deduct the costs of cure from any moneys owed to Permittee by Tenant.
B. The following will be deemed a default by Permittee and a breach of this Agreement. Permittee's failure 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 Permittee 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 Permittee. If Permittee 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.
DEFAULT AND RIGHT TO CURE. Except as otherwise specified in this Lease, 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 the notice and cure periods if and as provided in this Lease after receipt of written notice of such breach from the non- defaulting Party (“Default”).
DEFAULT AND RIGHT TO CURE. Should Department default in the performance of any obligation to be performed under this Agreement, Owner shall give written notice of such default and Department shall have thirty (30) days from the date that notice is received to cure and correct such default. In the event of any default which continues for 30 days after notice from Owner to Department, or if Department abandons the Premises prior to the expiration of the term provided for in this Lease, the Owner may at its option pursue the Default Remedies contained in this Lease.
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.
