Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 3 contracts
Samples: Lease (TherapeuticsMD, Inc.), Lease Agreement (Epocrates Inc), Office Lease (Purchasesoft Inc)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days (in non-emergency situations) or ten (10) days (in emergency situations), as applicable, after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such applicable period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, except as may be expressly provided in this Lease (including Tenant’s rights to xxxxx Rent and Tenant hereby expressly waives the benefit of any Law to the contraryterminate this Lease under Articles 6.E, 11.B, 11.D and 12.
Appears in 2 contracts
Samples: Office Lease (Chimerix Inc), Office Lease (Chimerix Inc)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks proceeds to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, except as expressly provided herein, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 2 contracts
Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days (in non-emergency situations) or ten (10) days (in emergency situations), as applicable, after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such applicable period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, off or xxxxx Rent, or terminate this Lease, and Tenant hereby except as may be expressly waives the benefit of any Law to the contraryprovided in this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Aldagen Inc), Standard Lease (Aldagen Inc)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant (Tenant; provided, if the nature of Landlord's failure is such that more time is than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such period thirty (30) day period, and thereafter diligently reasonably seeks to cure such failure to completion). The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall default and fail to cure as provided within the times permitted for cure herein, Tenant Landlord shall have be subject to such rights and remedies as may be available to Tenant under applicable Laws, (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 2 contracts
Samples: Office Lease (Peapod Inc), Agreement (National Financial Partners Corp)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 2 contracts
Samples: Lease (New Relic Inc), Office Lease (New Relic Inc)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such thirty (30) day period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and shall fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 2 contracts
Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for more than a period of reasonable time (but not less than fifteen (15) days), but in no event more than thirty (30) days after following notice thereof by Tenant (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure promptly within such period and thereafter period, diligently seeks and keeps Tenant reasonably advised of efforts to cure such failure to completion, and completes such cure within sixty (60) days following Tenant's notice). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or and any other obligation of Landlord (at Landlord's cost); provided, and however, (i) Tenant shall have no right to withhold, set-set off, or xxxxx abate Rent, (ii) Tenant shall have such other rights and remedies xx xxy be available to Tenant under this Lease or under applicable Laws, and (iii) Tenant shall have the right to terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contraryLease only as may be provided for elsewhere in this Lease or under applicable Laws.
Appears in 1 contract
Samples: Office Lease (Ydi Wireless Inc)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary. ARTICLE 22.
Appears in 1 contract
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail failure to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 1 contract
Samples: Office Lease (Pixelworks Inc)
Landlord’s Right to Cure. (A) If Landlord shall fail to perform any obligation term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant (Tenant; provided, if the nature of Landlord's failure is such that more time is than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such period thirty (30) day period, and thereafter diligently reasonably seeks to cure such failure to completion). The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles or shortages, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall default and fail to cure as provided within the times permitted for cure herein, Tenant Landlord shall have be subject to such rights and remedies as may be available to Tenant under applicable Laws, (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, off or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contraryabatx Xxxt.
Appears in 1 contract
Samples: Office Lease (At Plan Inc)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease Sublease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant Subtenant (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completioncompletion but in no event for more than an additional 90 days). If Landlord shall default and fail failure to cure as provided herein, Tenant Subtenant shall have such rights and remedies as may be available to Tenant Subtenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no Sublease including the right of self-help to perform repairs or any other obligation of Landlord, and but shall have no right to withhold, set-off, or xxxxx abate Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to Sublease absent a non-stayed Court Ordex xx the contrary.
Appears in 1 contract
Samples: Office Sublease (Baker Michael Corp)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, off or xxxxx Rentabatx Xxxt, or terminate this Lease, and Tenant hereby except as may be expressly waives the benefit of any Law to the contraryprovided in this Lease.
Appears in 1 contract
Landlord’s Right to Cure. If Landlord shall fail fall to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail failure to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help selfhelp to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx abate Rent, or terminate this Lease, and xxx Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 1 contract
Samples: Office Lease (Cost U Less Inc)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued Table of Contents for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, except as may be expressly provided in this Lease, and Tenant hereby expressly waives the benefit provisions of any Law to the contrary.
Appears in 1 contract
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, off or xxxxx Rent, or terminate this Lease, except as may be expressly provided in this Lease, and Tenant hereby expressly waives the benefit provisions of any Law to the contrary.
Appears in 1 contract
Samples: Office Lease
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, . if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail failure to cure as provided herein, . Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, . subject to the other provisions of this Lease; : provided, . Tenant shall have no right right, of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, . set-off, . or xxxxx axxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 1 contract
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's ’s failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks seek to cure such failure to completion). If Landlord shall default and fail failure to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 1 contract
Samples: Lease (FriendFinder Networks Inc.)
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant (Tenant: provided, if the nature of Landlord's failure is such that more time is than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such period thirty (30) day period, and thereafter diligently reasonably seeks to cure such failure to completion). The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall default and fail to cure as provided within the times permitted for cure herein, Tenant Landlord shall have be subject to such rights and remedies as may be available to Tenant under applicable Laws, (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.
Appears in 1 contract
Samples: Agreement (Industrial Training Corp)
Landlord’s Right to Cure. (A) If Landlord shall fail to perform any obligation term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant (Tenant; provided, if the nature of Landlord's failure is such that more time is than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such period thirty (30) day period, and thereafter diligently reasonably seeks to cure such failure to completion). The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles or shortages, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall default and fail to cure as provided within the times permitted for cure herein, Tenant Landlord shall have be subject to such rights and remedies as may be available to Tenant under applicable Laws, (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, off or xxxxx Rent, or terminate this Lease, and Tenant hereby abate Rent except as expressly waives the benefit of any Law to the contraryset forth herein.
Appears in 1 contract
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant Xxxxxx (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; Lease provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to not withhold, set-off, off or xxxxx Rent, or terminate this Lease, and Tenant hereby except as may be expressly waives the benefit of any Law to the contrary.provided in this Lease ARTICLE 24 HAZARDOUS MATERIALS
Appears in 1 contract
Samples: Office Lease Agreement
Landlord’s Right to Cure. If Landlord shall fail to perform any obligation under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after notice thereof by Tenant (provided, if the nature of Landlord's failure is such that more time is reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure within such period and thereafter diligently seeks to cure such failure to completion). If Landlord shall default and fail failure to cure as provided herein, Tenant shall have such rights and remedies as may be available to Tenant under applicable Laws, subject to the other provisions of this Lease; provided, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or xxxxx Rent, or terminate this Lease, and Tenant hereby expressly waives the benefit of any Law to the contrary.. ARTICLE 22:
Appears in 1 contract
Samples: Cutter & Buck Inc