Common use of Default in Rent Clause in Contracts

Default in Rent. Notwithstanding anything to the contrary herein (i) Tenant shall not be deemed in default in the payment of fixed annual rent unless Tenant fails to pay the same when due and thereafter cure such default within ten (10) days after notice of such default from Owner; provided, however, that if Owner shall have given two such notices in any calendar year, any subsequent failure by Tenant, during such calendar year, to pay fixed annual rent on the due date thereof shall be deemed an immediate default hereunder without any requirement of notice nor opportunity to cure, and (ii) Tenant shall not be deemed in default in the payment of any additional rent due hereunder unless Tenant fails to pay the same when due and thereafter cure such default within ten (10) days after notice of such default from Owner; provided, however, that if Owner shall have given two such notices in any calendar year, any subsequent failure by Tenant, during such calendar year to pay any additional rent on the due date thereof shall be deemed an immediate default hereunder without any requirement of notice nor opportunity to cure.

Appears in 2 contracts

Samples: Lease Agreement (Teavana Holdings Inc), Lease Agreement (Teavana Holdings Inc)

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Default in Rent. Notwithstanding anything to the contrary herein (i) Tenant shall not be deemed in default in the payment of fixed annual rent unless Tenant fails to pay the same when due and thereafter cure such default within ten (10) days after notice of such default from Owner; provided, however, that if Owner shall have given two such notices in any calendar year, any subsequent failure by Tenant, during such calendar year, to pay fixed annual rent on the due date thereof shall be deemed an immediate default hereunder without any requirement of notice nor opportunity to cure, and (ii) Tenant shall not be deemed in default in the payment of any additional rent due hereunder unless Tenant fails to pay the same when due and thereafter cure such default within ten (10) days after notice of such default from Owner; provided, provided however, that if Owner shall have given two such notices in any calendar year, any subsequent failure by Tenant, during such calendar year to pay any additional rent on the due date thereof shall be deemed an immediate default hereunder without any requirement of notice nor opportunity to cure.

Appears in 1 contract

Samples: Lease Agreement (Teavana Holdings Inc)

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Default in Rent. Notwithstanding anything to the contrary herein (i) Tenant shall not be deemed in default in the payment of fixed annual rent Annual Fixed Rent unless Tenant fails to pay the same when due and thereafter cure such default within ten (10) days after notice of such default from Owner; provided, however, that if Owner shall have given two such notices in any calendar year, any subsequent failure by Tenant, during such calendar year, to pay fixed annual rent Annual Fixed Rent on the due date thereof shall be deemed an immediate default hereunder without any requirement of notice nor opportunity to cure, and (ii) Tenant shall not be deemed in default in the payment of any additional rent due hereunder unless Tenant fails to pay the same when due and thereafter cure such default within ten (10) days after notice of such default from Owner; provided, however, that if Owner shall have given two such notices in any calendar year, any subsequent failure by Tenant, during such calendar year year, to pay any fixed additional rent on the due date thereof shall be deemed an immediate default hereunder without any requirement of notice nor opportunity to cure.

Appears in 1 contract

Samples: Lease Agreement (Thermo Vision Corp)

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