Common use of – Landlord Cure Rights Clause in Contracts

– Landlord Cure Rights. In the event (a) Tenant fails to maintain the Demised Premises in accordance with Section 7.01 above to Landlord’s reasonable satisfaction or (b) repairs to the Demised Premises or Appurtenances are made necessary by reason of the acts, omissions or negligence of Tenant, its agents, directors, shareholders, officers, employees, subtenants, assignees, customers, licensees or invitees, then in any of such event(s), Landlord may give Tenant thirty (30) days written notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs within thirty (30) days and diligently pursue them to completion thereafter. In the event Tenant fails timely to make such repairs as aforesaid, Landlord shall be entitled, but shall not be obligated, to make such repairs at Tenant’s expense without incurring any liability to Tenant by reason thereof upon reasonable notice to Tenant. Notwithstanding anything herein to the contrary, if, in Landlord’s sole, reasonable discretion, emergency repairs are necessary, Landlord may, if Landlord so elects, to make such repairs at any time without notice to Tenant, at Tenant’s expense for all actual and reasonable costs, and shall provide written notice with supporting documentation to Tenant that such repairs are being or have been made on the first business day after commencing such repairs. All reasonable and actual sums expended by Landlord under this Section 7.02 shall be deemed Additional Rent and payable on demand by Landlord. Tenant shall pay all amounts required under this Section 7.02. In the event Tenant has any reasonable objections or inquiries as to the supporting documentation, Tenant may withhold payment as to the disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will be liable for all interest and penalties arising from such non-payment by Tenant, however, Tenant will not be responsible for late payment amounts under Section 3.04. In the event Landlord elects to pay such disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will promptly reimburse Landlord for the amount paid by Landlord, plus late charges under Section 3.04 as to such amounts commencing from the date of Landlord’s payment. Notwithstanding the foregoing, any potential civil or criminal liability to Landlord shall not, in and of itself, require Tenant to pay any disputed amounts under this Section 3.05.

– Landlord Cure Rights. In the event (a) Tenant fails to maintain the Demised Premises in accordance with Section 7.01 6.01 above to Landlord’s 's reasonable satisfaction or (b) repairs to the Demised Premises or Appurtenances are made necessary by reason of the acts, omissions or negligence of Tenant, its agents, directors, shareholders, officers, employees, subtenants, assignees, customers, licensees or invitees, then in any of such event(s), Landlord may give Tenant thirty (30) days written notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs within thirty (30) days and diligently pursue them to completion thereafter. In the event Tenant fails timely to make such repairs as aforesaid, Landlord shall be entitled, but shall not be obligated, to make such repairs at Tenant’s 's expense without incurring any liability to Tenant by reason thereof upon reasonable notice to Tenant. Notwithstanding anything herein to the contrary, if, in Landlord’s 's sole, reasonable discretion, emergency repairs are necessary, Landlord may, if Landlord so elects, to make such repairs at any time without notice to Tenant, at Tenant’s expense for all actual and reasonable costs, and shall provide written notice with supporting documentation to Tenant that such repairs are being or have been made on the first business day after commencing such repairs's expense. All reasonable and actual sums expended by Landlord under this Section 7.02 6.02 shall be deemed Additional Rent and payable on demand by Landlord. Tenant shall pay all amounts required under this Section 7.02. In the event Tenant has any reasonable objections or inquiries as to the supporting documentation, Tenant may withhold payment as to the disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will be liable for all interest and penalties arising from such non-payment by Tenant, however, Tenant will not be responsible for late payment amounts under Section 3.04. In the event Landlord elects to pay such disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will promptly reimburse Landlord for the amount paid by Landlord, plus late charges under Section 3.04 as to such amounts commencing from the date of Landlord’s payment. Notwithstanding the foregoing, any potential civil or criminal liability to Landlord shall not, in and of itself, require Tenant to pay any disputed amounts under this Section 3.05.

– Landlord Cure Rights. In the event (a) Tenant fails to maintain the Demised Premises in accordance with Section 7.01 above to Landlord’s reasonable satisfaction or (b) repairs to the Demised Premises or Appurtenances are made necessary by reason of the acts, omissions or negligence of Tenant, its agents, directors, shareholders, officers, employees, subtenants, assignees, customers, licensees or invitees, then in any of such event(s), Landlord may give Tenant thirty (30) days written notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs within thirty (30) days and diligently pursue them to completion thereafter. In the event Tenant fails timely to make such repairs as aforesaid, Landlord shall be entitled, but shall not be obligated, to make such repairs at Tenant’s expense without incurring any liability to Tenant by reason thereof upon reasonable notice to Tenant. Notwithstanding anything herein to the contrary, if, in Landlord’s sole, reasonable discretion, emergency repairs are necessary, Landlord may, if Landlord so electselects to, to make such repairs at any time without notice to Tenant, at Tenant’s expense for all actual and reasonable costs, and shall provide written notice with supporting documentation to Tenant that such repairs are being or have been made on the first business day after commencing such repairsexpense. All reasonable and actual sums expended by Landlord under this Section 7.02 shall be deemed Additional Rent and payable on demand by Landlord. Tenant shall pay all amounts required under this Section 7.02. In the event Tenant has any reasonable objections or inquiries as to the supporting documentation, Tenant may withhold payment as to the disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will be liable for all interest and penalties arising from such non-payment by Tenant, however, Tenant will not be responsible for late payment amounts under Section 3.04. In the event Landlord elects to pay such disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will promptly reimburse Landlord for the amount paid by Landlord, plus late charges under Section 3.04 as to such amounts commencing from the date of Landlord’s payment. Notwithstanding the foregoing, any potential civil or criminal liability to Landlord shall not, in and of itself, require Tenant to pay any disputed amounts under this Section 3.05.

– Landlord Cure Rights. In the event Landlord shall not be deemed to be in default under any of its obligations under this Lease unless (a) Tenant fails has given to maintain the Demised Premises in accordance with Section 7.01 above Landlord (and to each of Landlord’s reasonable satisfaction or 's mortgagees of whom Tenant has been given written notice of such mortgagee's name and address) written notice of such Landlord default, and (b) repairs to the Demised Premises such default of Landlord has not been cured by Landlord or Appurtenances are made necessary by reason of the acts, omissions or negligence of Tenant, its agents, directors, shareholders, officers, employees, subtenants, assignees, customers, licensees or invitees, then in any of such event(s), Landlord may give Tenant thirty (30) days written notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs mortgagee within thirty (30) days after their receipt of such notice or within such additional time as may reasonably be necessary to cure same if Landlord or its mortgagee acts with commercially reasonable diligence to cure same (provided, that such mortgagee shall have such reasonable additional time to cure same as may be necessary to enable it to exercise any rights under its deed of trust and diligently pursue them to completion thereafterother loan documents, including foreclosure and acquisition of control and/or possession of the Demised Premises and Building). In the event Tenant fails timely to make such repairs as aforesaid, The cure periods aforesaid afforded Landlord and its mortgagees shall be entitledfurther extended by all delays in such cure actions caused by fire or other casualty, but strikes, lockouts or other labor troubles, shortages of equipment, materials or utilities, power outages, acts of God or the public enemy, vandalism, governmental requirements, action or inaction or other causes not reasonably within their control. Tenant shall not be obligated, entitled to make such repairs at Tenant’s expense without incurring exercise any liability to Tenant by reason thereof upon reasonable legal remedy for any default of Landlord unless same remains uncured beyond the grace period after receipt of written notice to Tenantas aforesaid. Notwithstanding anything herein to the contrary, if, Landlord shall not be deemed in Landlord’s sole, reasonable discretion, emergency repairs are necessary, Landlord maydefault under this Lease, if Landlord so elects, or its mortgagee(s) cure(s) such default within the applicable grace period after notice as aforesaid. Tenant's rights and remedies with respect to make such repairs at any time without notice default of Landlord hereunder shall be subject to Tenant, at Tenant’s expense for all actual the terms and reasonable costsprovisions of this Lease, and in no event shall provide written notice include any right of Tenant to withhold or to any abatement or setoff with supporting documentation respect to any Rent or other sums payable by Tenant that such repairs are being or have been made on the first business day after commencing such repairs. All reasonable and actual sums expended by Landlord under this Section 7.02 shall be deemed Additional Rent and payable on demand by Landlord. Tenant shall pay all amounts required under Lease, nor any right to terminate this Section 7.02. In the event Tenant has any reasonable objections or inquiries as to the supporting documentation, Tenant may withhold payment as to the disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will be liable for all interest and penalties arising from such non-payment by Tenant, however, Tenant will not be responsible for late payment amounts under Section 3.04. In the event Landlord elects to pay such disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will promptly reimburse Landlord for the amount paid by Landlord, plus late charges under Section 3.04 as to such amounts commencing from the date of Landlord’s payment. Notwithstanding the foregoing, any potential civil or criminal liability to Landlord shall not, in and of itself, require Tenant to pay any disputed amounts under this Section 3.05Lease.

– Landlord Cure Rights. In the event Landlord shall not be deemed to be in default under any of its obligations under this Lease unless (a) Tenant fails has given to maintain the Demised Premises in accordance with Section 7.01 above Landlord (and to each of Landlord’s reasonable satisfaction or mortgagees of whom Tenant has been given written notice of such mortgagee’s name and address) written notice of such Landlord default, and (b) repairs to the Demised Premises such default of Landlord has not been cured by Landlord or Appurtenances are made necessary by reason of the acts, omissions or negligence of Tenant, its agents, directors, shareholders, officers, employees, subtenants, assignees, customers, licensees or invitees, then in any of such event(s), Landlord may give Tenant thirty (30) days written notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs mortgagee within thirty (30) days after their receipt of such notice or within such additional time as may reasonably be necessary to cure same if Landlord or its mortgagee acts with commercially reasonable diligence to cure same (provided, that such mortgagee shall have such additional time to cure same as may be necessary to enable it to exercise any rights under its deed of trust and diligently pursue them to completion thereafterother loan documents, including foreclosure and acquisition of control and/or possession of the Demised Premises and Building). In the event Tenant fails timely to make such repairs as aforesaid, The cure periods aforesaid afforded Landlord and its mortgagees shall be entitledfurther extended by all delays in such cure actions caused by fire or other casualty, but strikes, lockouts or other labor troubles, shortages of equipment, materials or utilities, power outages, acts of God or the public enemy, vandalism, governmental requirements, action or inaction or other causes not reasonably within their control. Tenant shall not be obligatedentitled to exercise any legal, to make such repairs at Tenant’s expense without incurring equitable or other remedies for any liability to Tenant by reason thereof upon reasonable default of Landlord unless same remains uncured beyond the grace period after receipt of written notice to Tenantas aforesaid. Notwithstanding anything herein to the contrary, if, Landlord shall not be deemed in Landlord’s sole, reasonable discretion, emergency repairs are necessary, Landlord maydefault under this Lease, if Landlord so elects, to make or its mortgagee(s) cure(s) such repairs at any time without default within the applicable grace period after notice to Tenant, at as aforesaid. Tenant’s expense for all actual rights and reasonable costsremedies with respect to any default of Landlord hereunder shall be subject to the terms and provisions of this Lease, and in no event shall provide written notice include any right of Tenant to self-help or to perform any work on behalf of Landlord (except as specifically provided herein), nor any right of Tenant to withhold or to any abatement or setoff with supporting documentation respect to any Rent or other sums payable by Tenant that such repairs are being or have been made on the first business day after commencing such repairs. All reasonable and actual sums expended by Landlord under this Section 7.02 shall be deemed Additional Rent and payable on demand by Landlord. Tenant shall pay all amounts required under Lease, nor any right to terminate this Section 7.02. In the event Tenant has any reasonable objections or inquiries as to the supporting documentation, Tenant may withhold payment as to the disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will be liable for all interest and penalties arising from such non-payment by Tenant, however, Tenant will not be responsible for late payment amounts under Section 3.04. In the event Landlord elects to pay such disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will promptly reimburse Landlord for the amount paid by Landlord, plus late charges under Section 3.04 as to such amounts commencing from the date of Landlord’s payment. Notwithstanding the foregoing, any potential civil or criminal liability to Landlord shall not, in and of itself, require Tenant to pay any disputed amounts under this Section 3.05Lease.

– Landlord Cure Rights. In the event Landlord shall not be deemed to be in default under any of its obligations under this Lease unless (a) Tenant fails has given to maintain the Demised Premises in accordance with Section 7.01 above Landlord (and to each of Landlord’s reasonable satisfaction or mortgagees of whom Tenant has been given written notice of such mortgagee’s name and address) written notice of such Landlord default, and (b) repairs to the Demised Premises such default of Landlord has not been cured by Landlord or Appurtenances are made necessary by reason of the acts, omissions or negligence of Tenant, its agents, directors, shareholders, officers, employees, subtenants, assignees, customers, licensees or invitees, then in any of such event(s), Landlord may give Tenant thirty (30) days written notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs mortgagee within thirty (30) days after their receipt of such notice or within such additional time as may reasonably be necessary to cure same if Landlord or its mortgagee acts with commercially reasonable diligence to cure same (provided, that such mortgagee shall have such additional time to cure same as may be necessary to enable it to exercise any rights under its deed of trust and diligently pursue them to completion thereafterother loan documents, including foreclosure and acquisition of control and/or possession of the Demised Premises and Building). In the event Tenant fails timely to make such repairs as aforesaid, The cure periods aforesaid afforded Landlord and its mortgagees shall be entitledfurther extended by all delays in such cure actions caused by fire or other casualty, but strikes, lockouts or other labor troubles, shortages of equipment, materials or utilities, power outages, acts of God or the public enemy, vandalism, governmental requirements, action or inaction or other causes not reasonably within their control. Tenant shall not be obligatedentitled to exercise any legal, to make such repairs at Tenant’s expense without incurring equitable, or other remedies for any liability to Tenant by reason thereof upon reasonable default of Landlord unless same remains uncured beyond the grace period after receipt of written notice to Tenantas aforesaid. Notwithstanding anything herein to the contrary, if, Landlord shall not be deemed in Landlord’s sole, reasonable discretion, emergency repairs are necessary, Landlord maydefault under this Lease, if Landlord so elects, to make or its mortgagee(s) cure(s) such repairs at any time without default within the applicable grace period after notice to Tenant, at as aforesaid. Tenant’s expense for all actual rights and reasonable costsremedies with respect to any default of Landlord hereunder shall be subject to the terms and provisions of this Lease, and in no event shall provide written notice include any right of Tenant to self-help or to perform any work on behalf of Landlord, nor any right of Tenant to withhold or to any abatement or setoff with supporting documentation respect to any Rent or other sums payable by Tenant that such repairs are being or have been made on the first business day after commencing such repairs. All reasonable and actual sums expended by Landlord under this Section 7.02 shall be deemed Additional Rent and payable on demand by Landlord. Tenant shall pay all amounts required under Lease, nor any right to terminate this Section 7.02. In the event Tenant has any reasonable objections or inquiries as to the supporting documentation, Tenant may withhold payment as to the disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will be liable for all interest and penalties arising from such non-payment by Tenant, however, Tenant will not be responsible for late payment amounts under Section 3.04. In the event Landlord elects to pay such disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will promptly reimburse Landlord for the amount paid by Landlord, plus late charges under Section 3.04 as to such amounts commencing from the date of Landlord’s payment. Notwithstanding the foregoing, any potential civil or criminal liability to Landlord shall not, in and of itself, require Tenant to pay any disputed amounts under this Section 3.05Lease.

– Landlord Cure Rights. In the event Landlord shall not be deemed to be in default under any of its obligations under this Lease unless (a) Tenant fails has given to maintain the Demised Premises in accordance with Section 7.01 above Landlord (and to each of Landlord’s reasonable satisfaction or mortgagees of whom Tenant has been given written notice of such mortgagee’s name and address) written notice of such Landlord default, and (b) repairs to the Demised Premises such default of Landlord has not been cured by Landlord or Appurtenances are made necessary by reason of the acts, omissions or negligence of Tenant, its agents, directors, shareholders, officers, employees, subtenants, assignees, customers, licensees or invitees, then in any of such event(s), Landlord may give Tenant thirty (30) days written notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs mortgagee within thirty (30) days after their receipt of such notice or within such additional time as may reasonably be necessary to cure same if Landlord or its mortgagee acts with commercially reasonable diligence to cure same (provided, that such mortgagee shall have such additional time to cure same as may be necessary to enable it to exercise any rights under its deed of trust and diligently pursue them to completion thereafterother loan documents, including foreclosure and acquisition of control and/or possession of the Demised Premises and Building). In the event Tenant fails timely to make such repairs as aforesaid, The cure periods aforesaid afforded Landlord and its mortgagees shall be entitledfurther extended by all delays in such cure actions caused by fire or other casualty, but strikes, lockouts or other labor troubles, shortages of equipment, materials or utilities, power outages, acts of God or the public enemy, vandalism, governmental requirements, action or inaction or other causes not reasonably within their control. Tenant shall not be obligatedentitled to exercise any legal, to make such repairs at Tenant’s expense without incurring equitable or other remedies for any liability to Tenant by reason thereof upon reasonable default of Landlord unless same remains uncured beyond the grace period after receipt of written notice to Tenantas aforesaid. Notwithstanding anything herein to the contrary, if, Landlord shall not be deemed in Landlord’s sole, reasonable discretion, emergency repairs are necessary, Landlord maydefault under this Lease, if Landlord so elects, to make or its mortgagee(s) cure(s) such repairs at any time without default within the applicable grace period after notice to Tenant, at as aforesaid. Tenant’s expense for all actual rights and reasonable costsremedies with respect to any default of Landlord hereunder shall be subject to the terms and provisions of this Lease, and in no event shall provide written notice include any right of Tenant to withhold or to any abatement or setoff with supporting documentation respect to any Rent or other sums payable by Tenant that such repairs are being or have been made on the first business day after commencing such repairs. All reasonable and actual sums expended by Landlord under this Section 7.02 shall be deemed Additional Rent and payable on demand by Landlord. Tenant shall pay all amounts required under Lease, nor any right to terminate this Section 7.02. In the event Tenant has any reasonable objections or inquiries as to the supporting documentation, Tenant may withhold payment as to the disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will be liable for all interest and penalties arising from such non-payment by Tenant, however, Tenant will not be responsible for late payment amounts under Section 3.04. In the event Landlord elects to pay such disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will promptly reimburse Landlord for the amount paid by Landlord, plus late charges under Section 3.04 as to such amounts commencing from the date of Landlord’s payment. Notwithstanding the foregoing, any potential civil or criminal liability to Landlord shall not, in and of itself, require Tenant to pay any disputed amounts under this Section 3.05Lease.

– Landlord Cure Rights. In If at any time or times Tenant shall be in default in the event performance or observance of any of its covenants, agreements or undertakings provided in this Lease, and (a) if Tenant fails to maintain the Demised Premises in accordance with Section 7.01 above to Landlord’s reasonable satisfaction shall not cure or (b) repairs to the Demised Premises or Appurtenances are made necessary by reason of the acts, omissions or negligence of Tenant, its agents, directors, shareholders, officers, employees, subtenants, assignees, customers, licensees or invitees, then in any of remedy such event(s), Landlord may give Tenant thirty (30) days written notice within which to make such repairs, or if such repairs cannot be made within such thirty (30) day period, to commence such repairs default within thirty (30) days after Landlord gives to Tenant written notice of such default and diligently pursue them of Landlord’s intention to completion thereafter. In cure same if not remedied by Tenant within such 30-day period (in case of emergencies, which for purposes of this provision may include a default that would expose or threaten to expose Landlord to criminal liability or result or threaten to result in Landlord’s loss of marketable title to the event Landlord Property, Tenant fails timely to make such repairs as aforesaid, Landlord shall be entitledgiven such notice as is reasonable under the circumstances), or (b) if such default cannot be cured with reasonable diligence within thirty (30) days, if Tenant shall not commence to cure and remedy such default within thirty (30) days after receipt of such written notice from Landlord and continue with reasonable diligence until such default is cured and remedied, then Landlord may, but shall not be obligatedobligated to, take such reasonable and appropriate action to make cure and remedy such repairs default by Tenant, provided that Landlord (except in cases of emergency) gives Tenant at Tenantleast one (1) Business Day’s expense without incurring any liability prior written notice of the commencement of such curative or remedial activities and Tenant shall, within thirty (30) days after receipt of demand therefor, accompanied by reasonable written evidence of payment of the amounts claimed, pay to Landlord an amount equal to all reasonable out-of-pocket costs and expenses (including reasonably attorneys’ fees and expenses) incurred by Landlord in so curing and remedying such default together with interest thereon at the Default Rate from the date of payment thereof by Landlord until paid by Tenant by reason thereof upon reasonable notice to TenantLandlord. Notwithstanding anything herein any provision hereof to the contrary, if, in if Tenant shall have notified Landlord within twenty (20) days after receipt of Landlord’s solenotice of Tenant’s alleged failure that Tenant disputes the failure alleged by Landlord, reasonable discretion, emergency repairs are necessary, Landlord may, if Landlord so elects, then Tenant shall not be obligated to make such repairs at any time without notice payment to Tenant, at TenantLandlord unless and until such obligation shall have been determined by non-appealable binding arbitration pursuant to the American Arbitration Association’s expense rules for all actual arbitration of commercial disputes (and reasonable coststhe parties hereby agree to submit such matter to arbitration and to pursue such arbitration proceedings to completion as promptly as possible, and with the understanding that the arbitrator shall provide written notice be an attorney with supporting documentation to Tenant at least ten years of practice in commercial office lease transactions in the metropolitan area in which the Landlord Property is located, that the arbitrator must determine that such repairs are being or have been made on the first business day after commencing such repairs. All reasonable and actual sums expended failure alleged by Landlord under this Section 7.02 shall be deemed Additional Rent and payable on demand by Landlord. either was or was not an obligation of Tenant shall pay all amounts required under this Section 7.02. In the event Tenant has any reasonable objections or inquiries as to the supporting documentation, Tenant may withhold payment as to the disputed amounthereunder, and it is determined that Tenant’s objection was unfounded, Tenant will be liable for all interest and penalties arising from such non-payment by Tenant, however, Tenant will not be responsible for late payment amounts under Section 3.04. In the event Landlord elects to pay such disputed amount, and it is determined that Tenant’s objection was unfounded, Tenant will promptly reimburse Landlord for the amount paid by Landlord, plus late charges under Section 3.04 as to such amounts commencing from the date of Landlord’s payment. Notwithstanding the foregoing, any potential civil or criminal liability to Landlord arbitrator shall not, in and without the consent of itselfthe parties, require Tenant to pay any disputed amounts under this Section 3.05determine a “middle ground” or compromise resolution of such dispute).