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

Landlord’s Right to Cure Tenant’s Defaults. In addition to all other rights of Landlord set forth elsewhere in this Lease, the Tenant agrees that if the Tenant shall fail to pay any amounts or charges required to be paid under this Lease by the Tenant when any of the same become due, or in any other respect shall fail to perform any covenant or agreement in this Lease contained on the part of the Tenant to be performed, then and in such event after the continuance of any such failure or default for thirty (30) days after notice in writing thereof (or such shorter period of time as may be set forth elsewhere in this Lease as to such default) shall be given by the Landlord to the Tenant, notwithstanding any delay or forbearance in the giving of such notice, the Landlord may pay all or any part thereof, or cure such default, all on behalf, and at the expense, of the Tenant. The Landlord may further do all necessary work and make all necessary payments in connection therewith including, without limitation, any solicitor’s fees, costs and charges of or in connection with any legal action which may have been brought. The Tenant agrees to pay to the Landlord forthwith upon demand by Notice any amount so paid by the Landlord, together with an administration fee equal to 15% of such amount (but only to the extent the Tenant is not otherwise required to pay a similar administration fee in respect of any such amount pursuant to any other provision of this Lease), as Additional Rent. All sums charged to the Tenant by the Landlord hereunder shall be deemed to be indebtedness of the Tenant to the Landlord payable on demand and collectable in the same manner as Rent hereunder.

Landlord’s Right to Cure Tenant’s Defaults. In addition Any Mortgages made pursuant to all this Article 16 shall provide that the Mortgagee shall, by certified mail and in writing, give notice to Landlord of the occurrence of default thereunder concurrently with the giving of notice of default to the obligor thereunder and shall further provide that Landlord shall be given at least 30 days' prior notice of default in debt service payments before the Mortgagee will initiate any mortgage foreclosure or other rights of Landlord set forth elsewhere action to vest title or possession in the Mortgagee or any purchaser from the Mortgagee; provided, however, that nothing contained in this LeaseSection 16.05 shall prevent or restrict the Mortgagee from seeking or having appointed a receiver of any property which is the subject of such Mortgage, to the Tenant agrees that if extent the Tenant shall fail Mortgagee is otherwise lawfully entitled to pay do so, without prior notice to Landlord. If any amounts payments of principal or charges interest required to be paid made under this Lease the provisions of such Mortgage shall not be made when due or any other covenants of such Mortgage shall not be performed which shall constitute a default under the terms of such Mortgage, Landlord may cure such default provided Landlord gives Tenant at least ten days' prior notice of Landlord's intention to cure such default unless (a) such default has been cured by the Tenant when any of within said ten day period or, (b) if the same become due, or in any other respect shall fail to perform any covenant or agreement in this Lease contained on the part of the Tenant to cannot be performedcured within said ten days, then and in within such event after the continuance of any such failure or default for thirty (30) days after notice in writing thereof (or such shorter longer period of time as may be set forth elsewhere in this Lease is reasonably required to cure the same so long as Tenant commences to such default) shall be given by cure the Landlord same within said ten days and prosecutes the same to the Tenant, notwithstanding any delay or forbearance in the giving of such notice, the Landlord may pay all or any part thereofcompletion thereafter, or (c) Tenant shall obtain from the Mortgagee within said ten days a written extension of time in which to cure such default, all on behalftogether with a separate written extension of time granting Landlord a reasonable additional time to cure such default if such default is not cured within said extended time, and at copies thereof are delivered to Landlord. If Landlord shall elect to cure such default, Tenant shall pay the expense, of the Tenant. The cost thereof to Landlord may further do all necessary work and make all necessary payments in connection therewith including, without limitation, any solicitor’s fees, costs and charges of or in connection with any legal action which may have been brought. The Tenant agrees to pay to the Landlord forthwith upon demand by Notice any amount so paid by the Landlord, together with an administration fee interest thereon at a rate equal to 15% of such amount twenty-four percent (but only 24%) or the maximum rate then legally permissible by law whichever is less. If Tenant at any time shall request any Mortgagee to grant a moratorium on payment, to waive payment or to extend the extent the time for payment under any Mortgage, Tenant is not otherwise required to pay a similar administration fee in respect of shall give Landlord written notice promptly after any such amount pursuant to any other provision of this Lease)moratorium, as Additional Rent. All sums charged to the Tenant by the Landlord hereunder shall be deemed to be indebtedness of the Tenant to the Landlord payable on demand and collectable in the same manner as Rent hereunderwaiver or extension is granted.

Landlord’s Right to Cure Tenant’s Defaults. In addition to all other rights of Landlord set forth elsewhere in this Lease, the Tenant agrees that if the If Tenant shall fail to pay make any amounts payment or charges to perform any act required to be paid under this Lease by the Tenant made or performed hereunder when any of the same become due, or in any other respect shall fail to perform any covenant or agreement in this Lease contained on the part of the Tenant to be performed, then and in such event after the continuance of any such failure or default for thirty (30) days after notice in writing thereof (or such shorter period of time as may be set forth elsewhere in this Lease as to such default) shall be given by the Landlord to the Tenant, notwithstanding any delay or forbearance in the giving of such notice, the Landlord may pay all or any part thereof, or cure such default, all on behalf, and at the expense, of the Tenant. The Landlord may further do all necessary work and make all necessary payments in connection therewith due including, without limitation, if Tenant fails to complete any solicitorwork or restoration or replacement of any nature as required hereunder, or, if, after a Xxxx Tenant Transfer, Tenant fails to expend any Required CapEx, or if Tenant shall take any action prohibited hereunder, and such failure shall have resulted in an Event of Default, Landlord and/or its Affiliates, without waiving or releasing any obligation or default, may, but shall be under no obligation to, make such payment or perform such act (or reimburse any Facility Mortgagee for making such payment or performing such act) for the account and at the expense of Tenant (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 extent permitted by law, after an Event of Default, enter upon the Leased Property for such purpose and take all such action thereon as, in Landlord’s feesreasonable opinion, may be necessary or appropriate therefor provided same is undertaken in accordance with the applicable law; provided, however, this right under this Section 16.7 shall only be exercised by Landlord if such failure is a breach of Legal Requirements where such failure continues after: (i) fifteen (15) days after a first notice delivered by Landlord to Tenant informing Tenant of its failure to comply with such Legal Requirement, and (ii) if the fifteen (15) day period in clause (i) has elapsed and Tenant has not taken actions to cure such breach, fifteen (15) days after a second notice delivered by Landlord to Tenant informing Tenant of its failure to comply with such Legal Requirement, in each case, with a subject line that in all caps saying “FAILURE TO COMPLY WITH THE LEGAL REQUIREMENT WILL RESULT IN LANDLORD CURING SUCH FAILURE AT TENANT’S COST”. All sums so paid (or reimbursed) by Landlord and/or any of its Affiliates and all costs and charges of or in connection with any legal action which may have been brought. The Tenant agrees to pay to the Landlord forthwith upon demand by Notice any amount expenses, including reasonable attorneys’ fees and expenses, so paid by the Landlordincurred, together with an administration fee equal to 15% interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Landlord and/or any of such amount (but only to the extent the Tenant is not otherwise required to pay a similar administration fee in respect of any such amount pursuant to any other provision of this Lease)its Affiliates, as Additional Rent. All sums charged to the Tenant by the Landlord hereunder shall be deemed to be indebtedness of the paid by Tenant to the Landlord payable on demand and collectable in the same manner as Rent hereunderan Additional Charge.

Landlord’s Right to Cure Tenant’s Defaults. In addition Tenant agrees to all request that the Mortgagee under any Mortgage made pursuant to this Article 17 agree that such Mortgagee shall by certified mail and in writing give notice to Landlord of the occurrence of any event of default thereunder concurrently with the giving of notice of default to the obligor and agree further that Landlord shall be given at least 30 days' prior notice of default in debt service payments before the Mortgagee will initiate any mortgage foreclosure or other rights of Landlord set forth elsewhere action to vest title or possession in the Mortgagee or any purchaser from the Mortgagee; provided, however, that nothing contained in this LeaseSection 17.03 shall prevent or restrict the Mortgagee from seeking or having appointed a receiver of any property which is the subject of such Mortgage, to the Tenant agrees that if extent the Tenant shall fail Mortgagee is otherwise lawfully entitled to pay do so, without prior notice to Landlord. If any amounts payments of principal or charges interest required to be paid made under this Lease the provisions of such Mortgage shall not be made when due or any other covenants of such Mortgage shall not be performed which shall constitute a default under the terms of such Mortgage, Landlord may cure such default provided Landlord gives Tenant ten (10) days' prior notice of Landlord's intention to cure such default unless (a) such default has been cured by the Tenant when any of within said 10-day period or, (b) if the same become due, or in any other respect shall fail to perform any covenant or agreement in this Lease contained on the part of the Tenant to cannot be performedcured within said 10 days, then and in within such event after the continuance of any such failure or default for thirty (30) days after notice in writing thereof (or such shorter longer period of time as may be set forth elsewhere in this Lease is reasonably required to cure the same so long as Tenant commences to such default) shall be given by cure the Landlord same within said ten days and prosecutes the same to the Tenant, notwithstanding any delay or forbearance in the giving of such notice, the Landlord may pay all or any part thereofcompletion, or (c) Tenant shall obtain from the Mortgagee within said 10 days a written extension of time in which to cure such default, all on behalftogether with a separate written extension of time granting Landlord a reasonable additional time to cure such default if such default is not cured within said extended time, and at copies thereof are delivered to Landlord. If Landlord shall elect to cure such default, Tenant shall pay the expense, of the Tenant. The cost thereof to Landlord may further do all necessary work and make all necessary payments in connection therewith including, without limitation, any solicitor’s fees, costs and charges of or in connection with any legal action which may have been brought. The Tenant agrees to pay to the Landlord forthwith upon demand by Notice any amount so paid by the Landlord, together with an administration fee interest thereon at a rate equal to 15% of such amount twenty-four percent (but only 24%) or the maximum rate then legally permissible by law. If Tenant at any time shall request any Mortgagee to grant a moratorium on payment, to waive payment or to extend the extent the time for payment under any Mortgage, Tenant is not otherwise required to pay a similar administration fee in respect of shall give Landlord written notice promptly after any such amount pursuant to any other provision of this Lease)moratorium, as Additional Rent. All sums charged to the Tenant by the Landlord hereunder shall be deemed to be indebtedness of the Tenant to the Landlord payable on demand and collectable in the same manner as Rent hereunderwaiver or extension is granted.

Landlord’s Right to Cure Tenant’s Defaults. In addition to all other rights of Landlord set forth elsewhere in this Lease, the Tenant agrees that if the If Tenant shall fail or neglect to pay do or perform any amounts act or charges required thing herein provided by it to be paid under this Lease done or performed and such failure shall not be cured within any grace period provided herein, then Landlord may, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed any such other act or thing (entering upon the Tenant when any of the same become duePremises for such purposes, if Landlord shall so elect), and Landlord shall not be or be held liable or in any other respect shall fail way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to perform any covenant or agreement in this Lease contained Tenant on the part of the Tenant to be performed, then and in such event after the continuance of any such failure or default for thirty (30) days after notice in writing thereof (or such shorter period of time as may be set forth elsewhere in this Lease as to such default) shall be given by the Landlord to the Tenant, notwithstanding any delay or forbearance in the giving of such notice, the Landlord may pay all or any part account thereof, or cure such defaultand Tenant shall repay to Landlord upon demand the entire reasonable cost and expense thereof, all on behalf, and at the expense, of the Tenant. The Landlord may further do all necessary work and make all necessary payments in connection therewith including, without limitation, any solicitor’s fees, costs and charges of or in connection with any legal action which may have been brought. The Tenant agrees to pay compensation to the agents, consultants and contractors of Landlord forthwith and reasonable attorneys' fees and expenses. Landlord may act upon demand by Notice shorter notice or no notice at all if necessary in Landlord's reasonable judgment to meet an emergency situation or governmental or municipal time limitation or to protect Landlord's interest in the Premises. Landlord shall not be required to inquire into the correctness of the amount of validity or any amount so tax or lien that may be paid by Landlord and Landlord shall be duly protected in paying the Landlord, together with an administration fee equal to 15% of such amount (but only to the extent the Tenant is not otherwise required to pay a similar administration fee in respect of any such amount tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord's sole judgment and discretion and without prior notice to or approval by Tenant, to settle or compromise any such lien or tax. Any act or thing done by Landlord pursuant to any other provision the provisions of this Lease)Article shall not be or be construed as a waiver of any such default by Tenant, or as Additional Rent. All sums charged to the Tenant by the Landlord hereunder shall be deemed to be indebtedness a waiver of any term, covenant, agreement or condition herein contained or of the Tenant to the Landlord payable on demand and collectable in the same manner as Rent hereunderperformance thereof.