Common use of Landlord’s Right to Cure Tenant’s Default Clause in Contracts

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 4 contracts

Samples: Master Lease Agreement (Magellan Health Services Inc), Master Lease Agreement (Magellan Health Services Inc), Master Lease Agreement (Crescent Real Estate Equities Inc)

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Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated under no obligation to), ) at any time thereafter, thereafter make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective applicable Leased Properties Property or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s opinion, may be necessary or appropriate therefortherefor including, including without limitation, to the management of fullest extent permitted by law, repossessing the Facility located thereon by Landlord Leased Property and ejecting any Person or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenantproperty thereon. No such entry shall be deemed an eviction of Tenant. All reasonable sums so paid by Landlord and all costs and expenses (includingincluding attorneys’ fees and expenses, without limitationin each a case, reasonable attorneys' feesto the extent permitted by law) incurred by Landlord in connection therewithso incurred, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Appears in 4 contracts

Samples: Disturbance and Attornment Agreement (Toys R Us Property Co II, LLC), Master Lease Agreement (Toys R Us Property Co II, LLC), Master Lease Agreement (Cheeseburger-Ohio, Limited Partnership)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, in addition to and not in limitation of any and all other rights and remedies, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated under no obligation to), ) at any time thereafter, thereafter make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties applicable Demised Premises or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s opinion, may be necessary or appropriate therefortherefor including, including without limitation, to the management of fullest extent permitted by law, repossessing the Facility located thereon Demised Premises and ejecting any Person or property thereon; provided, however, that no such entry or action by Landlord shall constitute an actual or its designeeconstructive eviction or repossession, and Tenant hereby irrevocably appoints, without Landlord’s express intention to do so as expressed in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenantwriting. No such entry shall be deemed an eviction of Tenant. All reasonable sums so paid by Landlord and all costs and expenses (includingincluding attorneys’ fees and expenses, without limitationin each a case, reasonable attorneys' feesto the extent permitted by law) incurred by Landlord in connection therewithso incurred, together with interest thereon (to the maximum extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demand. The obligations of Tenant and rights of Landlord contained in this Article XIII shall survive the expiration or earlier termination of this Master Lease.

Appears in 4 contracts

Samples: Master Lease (Seritage Growth Properties), Master Lease (Sears Holdings Corp), Master Lease (Seritage Growth Properties)

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an Event event of Default shall have occurred default or an indemnification obligation of Landlord under the applicable Fee Mortgage), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and be continuingwarranties), in all cases, after the expiration of any cure period provided for herein, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Defaultdefault, may (may, but shall not be obligated under no obligation to), at any time thereafter, (i) make such payment or perform such act for the account and at the expense of TenantTenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true), and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s reasonable opinion, may be necessary or appropriate therefor, including and (ii) subject to the management terms of the Facility located thereon applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such act. All sums so paid by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable all costs and expenses (includingexpenses, without limitation, including reasonable attorneys' fees) incurred by Landlord in connection therewith’ fees and expenses, so incurred, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demanddemand as an Additional Charge.

Appears in 4 contracts

Samples: Lease (CAESARS ENTERTAINMENT Corp), Lease (Vici Properties Inc.), Purchase and Sale Agreement (Vici Properties Inc.)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlordin addition to and not in limitation of any and all other rights and remedies of Landlord under this Lease, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person at law or property)in equity, without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of DefaultDefault or any obligation or liability of Tenant hereunder, Landlord may (but shall not be obligated under no obligation to), at any time thereafter, ) make such payment payments or perform such act acts for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, may enter upon any of the Collective Leased Properties applicable Demised Premises or any applicable portion thereof for such purpose purposes and take all such action thereon asother actions at such Demised Premises, in Landlord's sole and absolute discretion, each case as may be necessary or appropriate thereforin Landlord’s sole discretion; provided, including the management of the Facility located thereon however, that neither any such entry or action by Landlord nor any repossession or its designee, and Tenant hereby irrevocably appointsexpulsion of any Person by Landlord from any Demised Premises pursuant to this Article XIII shall constitute an actual or constructive eviction or repossession without, in the event each case, Landlord’s clear and unambiguous expression in writing of its intention to effect such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenanteviction. All reasonable sums, costs and expenses (including, without limitation, including reasonable attorneys' fees’ fees and expenses) incurred or paid by Landlord in connection therewithwith the foregoing, together with interest thereon (to the extent permitted by law) at the Overdue Default Rate from the date on which such sums are or expenses were so paid or incurred until repaid by Landlord until repaidTenant, shall be paid by Tenant to Landlord as Additional Rent upon Landlord, on demand’s demand therefor. The obligations of Tenant and rights of Landlord set forth in this Article XIII shall survive any EOD Termination or any other expiration or earlier termination of this Lease.

Appears in 4 contracts

Samples: Retail Master Lease (Copper Property CTL Pass Through Trust), Distribution Center Master Lease (Copper Property CTL Pass Through Trust), Retail Master Lease (J C Penney Co Inc)

Landlord’s Right to Cure Tenant’s Default. If (i) a Default shall have occurred and is continuing which in the reasonable judgment of Landlord requires immediate action on the part of Landlord or (ii) an Event of Default shall have occurred and be is continuing, Landlord, after Notice to Tenant (which Notice shall need not be required precede such action if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties Property or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager the operator of any such the Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 4 contracts

Samples: Lease Agreement (Crestline Capital Corp), Lease Agreement (HMC Merger Corp), Lease Agreement (Host Marriott L P)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine in good faith immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute reasonable discretion, in good faith, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, upon the occurrence and during the continuance of any Event of Default, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 2 contracts

Samples: Master Lease Agreement (Brookdale Living Communities Inc), Master Lease Agreement (Senior Housing Properties Trust)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice written notice to Tenant (which Notice provided that no such notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant Tenant, and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties Property, or any portion thereof thereof, for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor, including including, the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such the Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 2 contracts

Samples: Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an Event event of Default shall have occurred default or an indemnification obligation of Landlord under the applicable Fee Mortgage Documents), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and be continuingwarranties), in all cases, after the expiration of any cure period provided for herein, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Defaultdefault, may (may, but shall not be obligated under no obligation to), at any time thereafter, make such payment or perform such act for the account and at the expense of TenantTenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true), and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s reasonable opinion, may be necessary or appropriate therefor. All sums so paid by Landlord and all costs and expenses, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith’ fees and expenses, so incurred, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demanddemand as an Additional Charge.

Appears in 2 contracts

Samples: Lease (Vici Properties Inc.), Lease (CAESARS ENTERTAINMENT Corp)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice to Tenant (which provided that no such Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties Property, or any portion thereof thereof, for such purpose and take all such action thereon as, in Landlord's ’s sole and absolute discretion, may be necessary or appropriate therefor, including the management of the any Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, interest in the name, place name and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 2 contracts

Samples: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred occurs under this Lease and be continuingis not cured within the time provided under this Lease with respect to such Event of Default, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant Tenant, and without waiving or releasing any such Event of Default, may (but shall not be obligated under no obligation to), ) at any time thereafter, make thereafter cure such payment or perform such act default for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionjudgment, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenantrespect thereto. No such entry by Landlord on the Property shall be deemed an eviction of Tenant. All sums so paid by Landlord and all reasonable costs and expenses (including, without limitation, reasonable attorneys' feesfees and expenses, in each case as permitted by law) incurred by Landlord in connection therewithso incurred, together with interest a late charge thereon (to the extent permitted by law) computed at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidthe date reimbursed, shall be paid reimbursed by Tenant to Landlord, Landlord on demand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: California Facilities Security Agreement (Iasis Healthcare Corp), Iasis Healthcare Corp

Landlord’s Right to Cure Tenant’s Default. If an Tenant fails to make any payment or to perform any act required to be made or performed under this Lease, and fails to cure the same within the relevant time periods provided in the definition of Event of Default shall have occurred and be continuingin Section 2.1 hereof or elsewhere in this Lease, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), after five (5) days' prior Notice to Tenant (except in an emergency), and without waiving or releasing any obligation of Tenant or any Event of Default, at any time thereafter, thereafter make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Facility for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor. However, including if Landlord reasonably determines that the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event giving of such election by Notice as is provided for in this Article or elsewhere in this Lease would risk loss to the Leased Property or cause damage to Landlord, then Landlord or its designee will give such Notice as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in is practical under the name, place and stead of Tenantcircumstances. No such entry shall be deemed an eviction of Tenant. All sums so paid by Landlord and all reasonable costs and expenses (including, without limitation, reasonable attorneys' feesfees and expenses) incurred by Landlord in connection therewithso incurred, together with the late charge and interest provided for in Section 3.3 thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease (Monarch Properties Inc), Lease (Monarch Properties Inc)

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, or if Tenant shall breach any representation or warranty comprising Additional Fee Mortgagee Requirements (and Landlord reasonably determines that such breach could be expected to give rise to an Event event of Default shall have occurred default or an indemnification obligation of Landlord under the applicable Fee Mortgage Documents), or Tenant fails to comply with any Additional Fee Mortgagee Requirements (other than representations and be continuingwarranties), Landlordin all cases, after Notice to Tenant (which Notice shall not be required if the expiration of any cure period provided for herein, Landlord shall reasonably determine immediate action is necessary to protect person or property)and/or its Affiliates, without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Defaultdefault, may (may, but shall not be obligated under no obligation to), at any time thereafter, (i) make such payment or perform such act (or reimburse any Fee Mortgagee for making such payment or performing such act) for the account and at the expense of TenantTenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true), and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s reasonable opinion, may be necessary or appropriate therefor, including and, (ii) subject to the management terms of the Facility located thereon applicable Fee Mortgage Documents, use funds in any Fee Mortgage Reserve Account for the purposes for which they were deposited in making any such payment or performing such act. All sums so paid (or reimbursed) by Landlord or and/or any of its designee, Affiliates and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable all costs and expenses (includingexpenses, without limitation, including reasonable attorneys' fees) incurred by Landlord in connection therewith’ fees and expenses, so incurred, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidand/or any of its Affiliates, shall be paid by Tenant to Landlord, Landlord on demanddemand as an Additional Charge.

Appears in 2 contracts

Samples: Lease Agreement (CAESARS ENTERTAINMENT Corp), Lease Agreement (Vici Properties Inc.)

Landlord’s Right to Cure Tenant’s Default. If an Tenant fails to make any payment or to perform any act required to be made or performed under this Lease, and fails to cure the same within the relevant time periods provided in the definition of Event of Default shall have occurred and be continuingin Section 2.1 hereof or elsewhere in this Lease, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), after five (5) days' prior Notice to Tenant (except in an emergency), and without waiving or releasing any obligation of Tenant or any Event of Default, at any time thereafter, thereafter make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof respective Facilities for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor. However, including if Landlord reasonably determines that the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event giving of such election by Notice as is provided for in this Article or elsewhere in this Lease would risk loss to any Leased Property or cause damage to Landlord, then Landlord or its designee will give such Notice as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in is practical under the name, place and stead of Tenantcircumstances. No such entry shall be deemed an eviction of Tenant. All sums so paid by Landlord and all reasonable costs and expenses (including, without limitation, reasonable attorneys' feesfees and expenses) incurred by Landlord in connection therewithso incurred, together with the interest provided for in Section 3.3 thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demanddemand and shall constitute Additional Charges. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Master Lease (Monarch Properties Inc), Master Lease (Integrated Health Services Inc)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice written notice to Tenant (which Notice provided that no such notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant Tenant, and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties Property, or any portion thereof thereof, for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor, including including, the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such the Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' , fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 2 contracts

Samples: Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and shall be continuing, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any the Event of Default, may (but shall not be obligated under no obligation to), ) at any time thereafter, thereafter make such payment payments or perform such act acts for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective or each Leased Properties Property or any portion thereof for the purpose of curing such purpose Potential Default or Event of Default and take all such action thereon as, in Landlord's sole and absolute discretion’s opinion, may be necessary or appropriate therefor, including the management in connection with curing such Event of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of TenantDefault. No such entry shall be deemed an eviction of Tenant. All reasonable sums so paid or advanced by Landlord and all costs and expenses (including, without limitation, reasonable attorneys' fees’ fees and expenses) incurred by Landlord in connection therewithso incurred, together with interest thereon (to the Xxxxxxxxxxx Xxxxx maximum extent permitted by law) as Additional Rent hereunder at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demand. The obligations of Tenant and rights of Landlord contained in this Section 18 and in Section 17 above shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Capital Senior Living Corp)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default by Tenant shall have occurred and be continuing, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of DefaultDefault by Tenant, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by lawApplicable Law, enter upon any of the Collective Leased Properties Property, or any portion thereof thereof, for such purpose and take all such action thereon as, in Landlord's ’s sole and absolute discretion, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by lawApplicable Law) at the Overdue Default Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 1 contract

Samples: Lease Agreement (CNL Income Properties Inc)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice to Tenant (which Notice provided that no such notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant Tenant, and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective applicable Leased Properties Property or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor, including the management of the Facility located thereon on the applicable Leased Property by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such the Facility located on the applicable Leased Property and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 1 contract

Samples: Senior Housing Properties Trust

Landlord’s Right to Cure Tenant’s Default. If Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due including, without limitation, if Tenant fails to expend any Required CapEx as required hereunder or fails to complete or cause to be completed any work or restoration or replacement of any nature as required hereunder, or if Tenant shall take any action prohibited hereunder, and such failure shall have resulted in an Event of Default shall have occurred and be continuingDefault, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property)and/or its Affiliates, without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Defaultdefault, may (may, but shall not be obligated under no obligation to), at any time thereafter, make such payment or perform such act (or reimburse any Fee Mortgagee for making such payment or performing such act) for the account and at the expense of TenantTenant (including, in the event of a breach of any such representation or warranty, taking actions to cause such representation or warranty to be true), and may, to the maximum extent permitted by law, after an Event of Default, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s reasonable opinion, may be necessary or appropriate therefortherefor provided same is undertaken in accordance with the applicable law. All sums so paid (or reimbursed) by Landlord and/or any of its Affiliates and all costs and expenses, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith’ fees and expenses, so incurred, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidand/or any of its Affiliates, shall be paid by Tenant to Landlord, Landlord on demanddemand as an Additional Charge.

Appears in 1 contract

Samples: Purchase Agreement (MGM Resorts International)

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Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred occurs under this Lease and be continuingis not cured within the time provided under this Lease with respect to such Event of Default, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant Tenant, and without waiving or releasing any such Event of Default, may (but shall not be obligated under no obligation to), ) at any time thereafter, make thereafter cure such payment or perform such act default for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionjudgment, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenantrespect thereto. No such entry by Landlord on the Property shall be deemed an eviction of Tenant. All reasonable sums so paid by Landlord and all costs and expenses (including, without with out limitation, reasonable attorneys' feesfees and expenses, in each case to the extent permitted by law) incurred by Landlord in connection therewithso incurred, together with interest a late charge thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidpaid, shall be paid by Tenant to Landlord, Landlord on demand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease and Security Agreement (Balanced Care Corp)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default Tenant shall have occurred fail to make any payment or to perform any act required to be made or performed under this Lease, and be continuingto cure the same within the relevant time periods provided in Section 16.1, Landlord, after Notice notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property)and demand upon Tenant, and without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated under no obligation to), ) at any time thereafter, thereafter make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable sums so paid by Landlord and all costs and expenses (including, without limitation, reasonable attorneys' feesfees and expenses, in each case, to the extent permitted by law) incurred by Landlord in connection therewithso incurred, together with interest a late charge thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demand. The obligations of Tenant and rights of Landlord contained in this Article shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Extendicare Health Services Inc)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and occurrxx xxx be continuing, Landlord, after Notice to Tenant (which Notice provided that no such notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant Tenant, and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective applicable Leased Properties Property or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor, including the management of the Facility located thereon on the applicable Leased Property by Landlord or its designeedesignee (which may include, without limitation, Greenery Managers, Inc.), and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such the Facility located on the applicable Leased Property and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 1 contract

Samples: Master Lease (Senior Housing Properties Trust)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice to Tenant (which Notice shall need not be required precede such action if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties Property or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager the operator of any such the Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 1 contract

Samples: Lease Agreement (HMC Merger Corp)

Landlord’s Right to Cure Tenant’s Default. If an Event Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due, including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of Default any nature as required hereunder, or if Tenant shall have occurred and be continuingtake any action prohibited hereunder, or if Tenant fails to comply with any Additional Fee Mortgagee Requirements, in all cases, after the expiration of any cure period provided for herein, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Defaultdefault, may (may, but shall not be obligated under no obligation to), at any time thereafter, make such payment or perform such act (or reimburse any Fee Mortgagee for making such payment or performing such act) for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s reasonable opinion, may be necessary or appropriate therefor. All sums so paid (or reimbursed) by Landlord and all costs and expenses, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith’ fees and expenses, so incurred, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demanddemand as an Additional Charge.

Appears in 1 contract

Samples: And Attornment Agreement (Caesars Entertainment, Inc.)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice written notice to Tenant (which Notice provided that no such notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties Property, or any portion thereof thereof, for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s opinion, may be necessary or appropriate therefor, including the management of the any Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, interest in the name, place name and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 1 contract

Samples: Master Lease Agreement (Five Star Quality Care Inc)

Landlord’s Right to Cure Tenant’s Default. If an Event Tenant shall fail to make any payment or to perform any act required to be made or performed hereunder when due, including, without limitation, if Tenant fails to expend any Required Capital Expenditures as required hereunder or fails to complete any work or restoration or replacement of Default any nature as required hereunder, or if Tenant shall have occurred and be continuingtake any action prohibited hereunder, or if Tenant fails to comply with any Additional Fee Mortgagee Requirements, in all cases, after the expiration of any cure period provided for herein, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Defaultdefault, may (may, but shall not be obligated under no obligation to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties or any portion thereof Property for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion’s reasonable opinion, may be necessary or appropriate therefor. All sums so paid by Landlord and all costs and expenses, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith’ fees and expenses, so incurred, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date on 109 which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demanddemand as an Additional Charge.

Appears in 1 contract

Samples: Lease (Vici Properties Inc.)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and shall be continuing, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any the Event of Default, may (but shall not be obligated under no obligation to), ) at any time thereafter, thereafter make such payment payments or perform such act acts Amberleigh for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective or each Leased Properties Property or any portion thereof for the purpose of curing such purpose Potential Default or Event of Default and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor, including the management in connection with curing such Event of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of TenantDefault. No such entry shall be deemed an eviction of Tenant. All reasonable sums so paid or advanced by Landlord and all costs and expenses (including, without limitation, reasonable attorneys' feesfees and expenses) incurred by Landlord in connection therewithso incurred, together with interest thereon (to the maximum extent permitted by law) as Additional Rent hereunder at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord until repaidLandlord, shall be paid by Tenant to Landlord, Landlord on demand. The obligations of Tenant and rights of Landlord contained in this Section 18 and in Section 17 above shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Capital Senior Living Corp)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default shall have occurred and be continuing, Landlord, after Notice to Tenant (which Notice provided that no such notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant Tenant, and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective applicable Leased Properties Property or any an portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretionopinion, may be necessary or appropriate therefor, including the management of the Facility located thereon on the applicable Leased Property by Landlord or its designeedesignee (which may include, without limitation, Greenery Managers, Inc.), and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such the Facility located on the applicable Leased Property and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 1 contract

Samples: Master Lease Document (Senior Housing Properties Trust)

Landlord’s Right to Cure Tenant’s Default. If an Event of Default ----------------------------------------- shall have occurred and be continuing, Landlord, after Notice to Tenant (which Notice shall not be required if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties Property or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion, may be necessary or appropriate therefor, including the management of the Facility located thereon by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager of any such Facility and its attorney in fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with with, if not paid within five (5) Business Days after written demand therefor, interest thereon (to the extent permitted by law) at the Overdue Rate from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 1 contract

Samples: Lease Agreement (Homestead Village Inc)

Landlord’s Right to Cure Tenant’s Default. If (a) a Default shall have occurred and is continuing which in the reasonable judgment of Landlord requires immediate action on the part of Landlord or (b) an Event of Default shall have occurred and be is continuing, Landlord, after Notice to Tenant (which Notice shall need not be required precede such action if Landlord shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Tenant and without waiving or releasing any Event of Default, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Tenant, and may, to the maximum extent permitted by law, enter upon any of the Collective Leased Properties Premises or any portion thereof for such purpose and take all such action thereon as, in Landlord's sole and absolute discretion, may be necessary or appropriate therefor, including the management of the Facility located thereon Leased Premises by Landlord or its designee, and Tenant hereby irrevocably appoints, in the event of such election by Landlord, Landlord or its designee as manager the operator of any such Facility the Leased Premises and its attorney in attorney-in-fact for such purpose, irrevocably and coupled with an interest, in the name, place and stead of Tenant. No such entry shall be deemed an eviction of Tenant. All reasonable costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, together with interest thereon (to the extent permitted by law) at the Overdue Rate rate of eighteen percent (18%) per annum from the date such sums are paid by Landlord until repaid, shall be paid by Tenant to Landlord, on demand.

Appears in 1 contract

Samples: Training Center and Fractional Ownership Agreement (Training Devices International Inc)

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