Common use of DEFAULT AND RIGHT TO CURE Clause in Contracts

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) The following will be deemed a default by Tenant 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 (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five thirty (4530) 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. : (i) Landlord’s failure to provide Access to the Premises as required by Section 12 of this Agreement within five (5) days after written notice of such failure to the extent the failure to provide Access is within Landlord’s control; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within five (5) days after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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) The following will be deemed a default by Tenant Subtenant and a breach of this Agreement: (i) non- non-payment of Rent if such Rent remains unpaid for more than thirty ten (3010) days after receipt of written notice from Landlord Sublandlord of such failure to pay; or (ii) Tenant's Subtenant’s failure to perform any other term or condition under this Agreement within forty-five thirty (4530) days after receipt of written notice from Landlord Sublandlord specifying the failure. No such failure, however, will be deemed to exist if Tenant Subtenant 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 TenantSubtenant. If Tenant Subtenant remains in default beyond any applicable cure period, Landlord Sublandlord 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 Sublandlord and a breach of this Agreement. Landlord's Sublandlord’s failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- five thirty (4530) days after receipt of written notice from Tenant Subtenant specifying the failure. No such failure, however, will be deemed to exist if Landlord Sublandlord 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 LandlordSublandlord. If Landlord Sublandlord remains in default beyond any applicable cure period, Tenant Subtenant will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's Sublandlord’s default and to deduct the costs of such cure from any monies due to Landlord Sublandlord by TenantSubtenant.

DEFAULT AND RIGHT TO CURE. (a) The following will shall be deemed a default by Tenant 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 LANE COUNTY of such failure to pay; or (ii) Tenant's 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 LANE COUNTY specifying the failure. No such failure, however, will be deemed to exist if Tenant 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 TenantTENANT. If Tenant TENANT remains in default beyond any applicable cure period, Landlord will have the right to 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 Landlord LANE COUNTY and a breach of this Agreement. Landlord's .: LANE COUNTY’s failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- forty-five (45) days after receipt of written notice from Tenant TENANT specifying the failure. No such failure, however, will be deemed to exist if Landlord 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 LandlordLANE COUNTY. If Landlord LANE COUNTY remains in default beyond any applicable cure period, Tenant will have the right to TENANT may exercise any and all rights available to it under law and equity, including the right to cure Landlord's LANE COUNTY’s default and to deduct the costs of such cure from any monies due to Landlord by TenantLANE COUNTY from TENANT.

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 thirty (4530) 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. : (i) Landlord’s failure to provide Access to the Premises as required by Section 12 of this Agreement within five (5) days after written notice of such failure to the extent the failure to provide Access is within Landlord’s control; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within five (5) days after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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 6 ME Land Lease Version 5 30 2012 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) 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. : (i) Landlord’s failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within thirty (30) days after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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 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) The following will be deemed a default by Tenant Licensee and a breach of this Agreement: (i) non- payment nonpayment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord Licensor of such failure to pay; or (ii) TenantLicensee's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord Licensor specifying the failure; or (iii) insolvency of Licensee, including but not limited to, an assignment for the benefit of creditors; or (iv) Licensee is a party to a bankruptcy, dissolution, or reorganization, or a receiver is appointed for any of Licensee’s assets. No such failure, however, will be deemed to exist if Tenant Licensee 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 TenantLicensee. If Tenant Licensee remains in default beyond any applicable cure period, Landlord Licensor 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 Licensor and a breach of this Agreement. Landlord's failure ; if Licensor fails to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- five sixty (4560) days after receipt of written notice from Tenant Licensee specifying the failure. No such failure, however, will be deemed to exist if Landlord Licensor has commenced to cure the default within such period and provided such efforts are prosecuted pursued to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of LandlordLicensor. If Landlord Licensor remains in default beyond any applicable cure period, Tenant Licensee will have the right to exercise any and all rights available to it under law and equity, including the right to cure LandlordLicensor's default and to deduct the costs of such cure from any monies due to Landlord by TenantLicensor from Licensee.

DEFAULT AND RIGHT TO CURE. (a) a. The following will shall be deemed a default by Tenant State and a breach of this Agreement: (i) non- non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord Agency of such failure to pay; or (ii) Tenant's State’s failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord Agency specifying the failure. No such failure, however, will be deemed to exist if Tenant State (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 TenantState. If Tenant State remains in default beyond any applicable cure period, Landlord will have the right to Agency may exercise any and all rights and remedies available to it under law and equity, including but not limited to termination of this Agreement. (b) b. The following will be deemed a default by Landlord Agency and a breach of this Agreement. Landlord's Agency’s failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- forty-five (45) days after receipt of written notice from Tenant State specifying the failure. No such failure, however, will be deemed to exist if Landlord Agency 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 LandlordAgency. If Landlord Agency remains in default beyond any applicable cure period, Tenant will have the right to State may exercise any and all rights available to it under law and equity, including the right to cure Landlord's Agency’s default and to deduct the costs of such cure from any monies due to Landlord by TenantAgency from State.

DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant Xxxxxx and a breach of this Agreement: (i) non- non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord Lessor of such failure to pay; or (ii) TenantLessee's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord Lessor specifying the failure. No such failure, however, will be deemed to exist if Tenant Lessee 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 TenantXxxxxx. If Tenant Lessee remains in default beyond any applicable cure period, Landlord Lessor 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 Xxxxxx and a breach of this Agreement. LandlordLessor's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- forty-five (45) days after receipt of written notice from Tenant Lessee specifying the failure. No such failure, however, will be deemed to exist if Landlord Lessor 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 LandlordLessor. If Landlord Lessor remains in default beyond any applicable cure period, Tenant Lessee will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's Lessor’s default and to deduct the costs of such cure from any monies due to Landlord by TenantLessor from Lessee.

DEFAULT AND RIGHT TO CURE. (a) The following will Except as otherwise specified in this Agreement, a party shall be deemed a in default by Tenant under this Agreement if it fails to make any payment required hereunder, or to perform any obligation required of it within any applicable time period specified and a does not commence and complete curing such breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than within thirty (30) days after receipt of written notice from Landlord of such failure to pay; or breach from the non-defaulting party (ii“Default”) 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 provided that, if the failure. No such failure, however, will be deemed to exist if Tenant has commenced to defaulting party commences a cure such default within such thirty-day period and provided that thereafter uses commercially reasonable, diligent and good faith efforts to complete such efforts are prosecuted cure, the defaulting party shall have such additional period to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond complete 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 as is reasonably necessary 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 Default shall not exist unless and until the failure. No such failure, however, will be deemed to exist if Landlord has commenced defaulting party fails to cure the default within by the end of such period and provided such efforts are prosecuted to completion with reasonable diligenceadditional period. Delay in curing a default will This Agreement, or Tenant’s rights of possession shall not be excused if terminated due to causes beyond any Tenant Default unless: (a) the reasonable control Default is material (Tenant’s failure to pay to Landlord any amount owing under this Lease by the due date shall constitute a material default); (b) Landlord shall have given Tenant not less than thirty (30) days prior written notice, and Tenant fails to cure or commence the cure of Landlordsuch Default within the thirty (30) day notice period; and (c) Landlord lacks any other adequate legal or equitable right or remedy. If there is any conflict between this Section and other remedies available under applicable state law, the provisions of this Section shall apply. In the event Landlord remains shall provide Tenant with any written notice of default, in default beyond any applicable cure periodaddition to curing the default, 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 shall pay to Landlord by Tenantthe sum of Three Hundred and Fifty and No/100 Dollars ($350.00) as reimbursement for Landlord’s cost of the preparation and service of each such notice.

DEFAULT AND RIGHT TO CURE. (a) The Parties deem the following will be deemed as a default by Tenant Xxxxxx and a breach of this Agreement: Lease: (i) non- payment of Lessee’s failure to deliver Rent or Holdover Rent if such Rent or Holdover Rent remains unpaid for more than thirty (30) calendar days after Xxxxxx receives written notice thereof from Lessor; or (ii) Xxxxxx’s nonperformance of any other term under this Lease if performance remains due for thirty (30) days after receipt Lessor notifies Lessee in writing 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 failurenonperformance. No such failuredefault, however, will be deemed to exist if Tenant has commenced Lessee commences to cure such default within such period the time periods specified above and provided that such prosecutes efforts are prosecuted to cure to completion with reasonable diligence. Delay Lessor shall excuse reasonable delays in curing Xxxxxx’s efforts to cure when a default will be excused if due to causes beyond force outside the reasonable and actual control of TenantLessee causes a delay. With respect to such tolling of Xxxxxx’s duty, Lessee will use its best efforts to notify Lessor in writing within five (5) working days after first becoming aware of the delay, the nature of the delay, and an estimated cure resumption date. During this period, only those duties which cannot be performed as required herein shall be tolled. (b) If Tenant Lessee remains in default beyond any applicable notice and cure period, Landlord Lessor will have the right to exercise any and all rights and remedies available to it under law and equity, including without limitation the right to cure Xxxxxx’s default and to charge the actual and reasonable costs of such cure to the Lessee, or to declare this Lease terminated. (bc) The Parties deem the following will be deemed as a default by Landlord Xxxxxx and a breach of this Agreement. Landlord's failure to perform any term, condition, or breach Lease: Xxxxxx’s nonperformance of any warranty or covenant term under this Agreement within forty- five Lease if performance remains due for thirty (4530) days after receipt Lessee notifies Lessor of written notice from Tenant specifying the failurenonperformance. No such failuredefault, however, will be deemed to exist if Landlord has commenced Lessor commences to cure the such default within such period the time periods specified above and provided such prosecutes efforts are prosecuted to cure to completion with reasonable diligence. Delay Lessee shall excuse reasonable delays in curing efforts to cure when a default will be excused if due to causes beyond force outside the reasonable control of LandlordLessor causes such delay. Notwithstanding the foregoing to the contrary, it shall be a default under this Lease if Lessor fails, within five (5) days after receipt of written notice of such breach, to perform an obligation required to be performed by Lessor if the failure to perform such an obligation interferes with Lessee’s ability to conduct its business on the Property; provided, however, that if the nature of Lessor’s 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. If Landlord Lessor remains in default beyond any applicable cure period, Tenant Lessee will have the right to exercise any and all rights and remedies available to it under law and equity, including without limitation the right to cure Landlord's Lessor’s default and to deduct charge the reasonable costs of such cure from any monies due to Landlord by Tenantthe Lessor, or to declare this Lease terminated.

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 ’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. : (i) Landlord's ’s failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Landlord’s failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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 have: (i) the right to cure Landlord's ’s default and to deduct the costs of such cure from any monies due to Landlord by from Tenant, and (ii) any and all other rights available to it under law and equity.

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. : (i) Landlord’s failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, or breach of any warranty or covenant under this Agreement within forty- 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 have: (i) the right to cure Landlord's ’s default and to deduct the costs of such cure from any monies due to Landlord by from Tenant, and (ii) any and all other rights available to it under law and equity.

DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant Xxxxxx and a breach of this Agreement: : (i) non- 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. : (i) Landlord’s failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty-four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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 have: (i) the right to cure Landlord's ’s default and to deduct the costs of such cure from any monies due to Landlord by from Tenant, and (ii) any and all other rights available to it under law and equity.

DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant Lessee and a breach of this Agreement: (i) non- payment of Rent if when such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord Lessor of such failure to pay; or (ii) Tenant's Lessee’s failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord Lessor specifying the failure. No such failure, however, failure will be deemed to exist if Tenant Lessee has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with within reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of TenantLessee. If Tenant Lessee remains in default beyond any applicable cure period, Landlord Lessor will have the right to exercise any and all rights and remedies available to it under law and equityavailable. (b) The following will be deemed a default by Landlord Lessor and a breach of this Agreement. Landlord's : Lessor’s failure to perform any term, term or condition, or breach of any warranty or covenant under this Agreement agreement within forty- forty-five (45) days after receipt of written notice from Tenant Lessee specifying the failure. No such failure, however, failure will be deemed to exist if Landlord Lessor has commenced to cure the such default within such period and provided that such efforts are prosecuted to completion with within reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of LandlordLessee. If Landlord Lessee remains in default beyond any applicable cure period, Tenant Lessor 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 Tenantremedies available.

DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- 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 payRent; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five thirty (4530) days after receipt of written notice from Landlord specifying the failure. No such failurefailure to perform any other term or condition under this Agreement, 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 seek recovery of actual damages and/or Landlord may terminate this Agreement, without penalty to Landlord and without further liability or obligation to Tenant and/or Landlord may pursue any and all other rights and remedies available to it Landlord under law and or equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement. : (i) failure to provide the Access to the Premises or to cure an interference problem within ninety-six (96) hours after receipt of written notice of such default; or (ii) Landlord's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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 have: (i) the right to cure Landlord's ’s default and to deduct the costs of such cure from any monies due to Landlord by from Tenant, and (ii) any and all other rights available to it under law and equity.

DEFAULT AND RIGHT TO CURE. (a) a. The following will be deemed a default by Tenant Xxxxxx and a breach of this Agreement: (i) non- 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; (provided however that penalties and interest shall still apply); 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 equityequity including without limitation, termination of this Agreement. In addition, Xxxxxx agrees to reimburse Landlord for all reasonable attorneys’ and paralegals’ fees incurred by Landlord in enforcing this Agreement, including without limitation such fees incurred in connection with a bankruptcy proceeding. (b) b. The following will be deemed a default by Landlord Xxxxxxxx and a breach of this Agreement. : (i) Landlord’s failure to provide access to the Premises as required by Section 2.a.i of this Agreement within one (1) business day after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within one (1) business day after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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 the delay is 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 have: (i) the right to cure Landlord's ’s default and to deduct the costs of such cure from any monies due to Landlord by from Tenant., and

DEFAULT AND RIGHT TO CURE. (a) The following will be deemed Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each Party has the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 12 hereof (and, if applicable, pursuant to Section 15(b)), to take effect immediately, if the other Party (i) fails to perform any material covenant for a default by Tenant and period of sixty (60) days after receipt of written notice thereof to cure or (ii) commits a material breach of this Agreement: Lease and fails to diligently pursue such cure to its completion after sixty (60) days’ written notice to the defaulting Party. (b) Tenant is in default if it (i) non- fails to make any payment of Rent if or other sums to Landlord when due, and does not cure such Rent remains unpaid for more than thirty default within twenty (3020) days after receipt of written notice from Landlord of such failure failure; (ii) abandons the Electronic Equipment or Antennas or vacates the Premises (abandonment shall be broadly construed to paymean that neither Tenant nor its sublessees has used the Leased Premises in any manner for one (1) year and thereafter fails to respond within thirty (30) days after receiving written notice from Landlord asserting such abandonment); (iii) is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or (iv) if Tenant becomes insolvent. (c) In the event of a default, Landlord has the right, at its option, in addition to and not exclusive of any other remedy Landlord may have by operation of law, without any further demand or notice, to declare this Lease at an end by written notice to Tenant and thereafter to re-enter the Premises and eject all persons there from, and Tenant must remove the Electronic Equipment and Antennas as required in Section 7(g) (and proceed as set forth in Section 8(b)) and pay Landlord a sum of money equal to the total of (i) the amount of the unpaid Rent accrued through the date of termination; (ii) the amount by which the unpaid Rent reserved for the balance of the Term exceeds the amount of such rental loss to Landlord that could be reasonably avoided (net of the costs of such reletting); and (iii) any other amount necessary to compensate Landlord for all detriment proximately caused by Tenant's failure to perform its obligations under the Lease (d) If suit is brought by Landlord for recovery of possession of the Premises, removal of the Antennas, removal of the Electronic Equipment, for the recovery of any Rent or any other term amount due under the provisions of this Lease, or condition under because of the breach of any other covenant, the Tenant must pay to the Landlord all expenses incurred therefore, including reasonable attorney fees. (e) In the event of any default of this Agreement within forty-five Lease by Tenant, the Landlord may at any time, after notice given as set forth in subsection (45a) days after receipt above, cure the default for the account of written notice from Landlord specifying and at 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 expense of the reasonable control of Tenant. If Tenant remains Landlord is compelled to pay or elects to pay any sum of money or to do any act which will require the payment of any sum of money or is compelled to incur any expense, including reasonable attorney fees in default beyond instituting, prosecuting or defending any applicable cure period, Landlord will have action to enforce 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 rights under this Agreement within forty- five (45) days after Lease, the sums so paid by Landlord, with all interest, costs and damages is deemed to be Rent otherwise due and is added to the Rent and is due from the Tenant to Landlord on the first day of the month following Tenant’s receipt of written notice from Tenant specifying an invoice for 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 Tenantrespective expenses.

DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: : (i) non- 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; or (iii) if Tenant is adjudicated as bankrupt, makes any assignment for the benefit of creditors, or if Tenant becomes insolvent. No such failure, however, except for payment of rent, 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, and complies with all other provisions of Section 6(i) . Delay in curing a default default, except for payment of rent, 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. : (i) Landlord's ’s failure to provide access to Leased Premises or cure any interference problem within twenty-four (24) hours after written notice of such default; or (ii) Landlord’s failure to perform any term, condition, or breach of any warranty or covenant under this Agreement within forty- 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, and complies with all other provisions of Section 6(i). 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) 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 thirty (4530) 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. : (i) Landlord’s failure to provide Access to the Premises as required by Section 12 of this Agreement within five (5) days after written notice of such failure to the extent the failure to provide Access is within Landlord’s control; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within five (5) days after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent Rent, additional rent, or any other amount due to Landlord, if such Rent or other amount remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's ’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 non-monetary 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 non-monetary 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. : (i) failure to provide reasonable access to the Premises or to cure an interference problem within forty eight (48) hours after receipt of written notice of such failure; or (ii) Landlord's ’s failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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 have: (i) the right to cure Landlord's ’s default and to deduct the costs of such cure from any monies due to Landlord by from Tenant, and (ii) any and all other rights available to it under law and equity.

DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant Xxxxxx and a breach of this AgreementLease: (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 Lease 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 (1) has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligencediligence and (2) has a good faith basis upon which to challenge the alleged 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, Landlord will have the right to may 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 Lease within forty- forty-five (45) days after receipt of written notice from Tenant specifying the failurefailure will be deemed a default by Landlord. 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 may exercise any and all rights available to it under law and equity, including the right to cure Landlord's ’s default and to deduct the costs of such cure from any monies due to Landlord by from Tenant.

DEFAULT AND RIGHT TO CURE. (a) 16.2.1 The following will be deemed a default by Tenant Xxxxxx and a breach of this Agreement: (i) non- this 16.2.1.1 Non-payment of Rent if such Rent remains unpaid for more than ten (10) days after receipt of written notice from Weyerhaeuser of such failure to pay; or 16.2.1.2 If Lessee abandons or vacates the Lease Area for more than sixty 16.2.1.3 Lessee’s failure to perform any other term or condition under this Lease within 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 Weyerhaeuser specifying the failure. . 16.2.1.4 No such failurefailure pursuant to subsection 16.2.1.3, however, will be deemed to exist if Tenant Lessee has materially 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 completely beyond the reasonable control of Tenant. Xxxxxx. 16.2.2 If Tenant Lessee remains in default beyond any applicable cure period, Landlord Weyerhaeuser will have the right to exercise any and all rights and remedies available to it under law and equity, including the right to cure Xxxxxx’s default and to charge the actual costs of such cure to the Lessee, or upon Weyerhaeuser’s written notice to Lessee to terminate this Lease. (b) 16.2.3 The following will be deemed a default by Landlord Weyerhaeuser and a breach of this Agreement. Landlord's Lease: Xxxxxxxxxxxx’s failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement Lease within forty- five thirty (4530) days after receipt of written notice from Tenant Lessee specifying the failure. No such failure, however, will be deemed to exist if Landlord Weyerhaeuser has materially 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 LandlordWeyerhaeuser. If Landlord Weyerhaeuser remains in default beyond any applicable cure period, Tenant Lessee will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's Weyerhaeuser’s default and to deduct the actual costs of such cure from any monies due to Landlord by TenantWeyerhaeuser from Lessee.

DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- 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- 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) The following will be deemed a default by Tenant Licensee 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 Licensor of such failure to pay; or (ii) Tenant's Licensee’s failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord Licensor specifying the failure. No such failure, however, will be deemed to exist if Tenant Licensee 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 TenantLicensee. If Tenant Licensee remains in default beyond any applicable cure period, Landlord then Licensor 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 Licensor and a breach of this Agreement. Landlord's : (i) Licensor’s failure to provide Access to the Premises as required by Section 12 within twenty-four (24) hours after written notice of such failure; (ii) Licensor’s failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Licensor’s failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- forty-five (45) days after receipt of written notice from Tenant Licensee specifying the failure. No such failure, however, will be deemed to exist if Landlord Licensor 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 LandlordLicensor. If Landlord Licensor remains in default beyond any applicable cure period, Tenant Licensee will have the right to exercise any and all rights available to it under law and equity, including have: (i) the right to cure Landlord's Licensor’s default and to deduct the costs of such cure from any monies due to Landlord by TenantLicensor from Licensee, and (ii) any and all other rights available to it under law and equity.

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. : (i) Landlord’s failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty- four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 of this Agreement within seventy two (72) hours after written notice of such failure; or (iii) Landlord's failure to perform any term, condition, condition or breach of any warranty or covenant under this Agreement within forty- 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 have: (i) the right to cure Landlord's ’s default and to deduct the costs of such cure from any monies due to Landlord by from Tenant, and (ii) any and all other rights available to it under law and equity.