Lender Protection. In the event of any default on the part of the Landlord, Tenant will give notice by certified mail to any Lender who shall have requested, in writing, to Tenant that it be provided with such notice, and Tenant shall offer such Lender a reasonable opportunity to cure the default, including time to obtain possession of the Leased Premises by power of sale of judicial foreclosure or other appropriate legal proceedings if reasonably necessary to effect a cure.
Lender Protection. Tenant agrees to give any Lender, by registered mail, a copy of any notice of default served upon Landlord, provided that prior to such notice Tenant has been given Notice of the address of such Lender. Tenant agrees that if Landlord fails to cure the default within the time provided for in this Lease, Lender shall have an additional 30 days within which to cure the default or, if the default cannot be cured within that time, then such additional time as may be necessary if, within the 30 days, Lender has commenced and is diligently pursuing the remedies necessary to cure the default (including commencement of foreclosure proceedings, if necessary). This Lease shall not be terminated while such remedies are being pursued.
Lender Protection. Tenant agrees to give any Lender, by registered mail, a copy of any notice of default served upon Landlord, provided that prior to such notice Tenant has been given Notice of the address of such Lender, either pursuant to an estoppel certificate, subordination agreement or otherwise. Tenant agrees that if Landlord fails to cure the default within the time provided for in this Lease, Lender shall have an additional 30 days within which to cure the default or, if the default cannot be cured within that time, then such additional time as may be necessary if, within the 30 days, Lender has commenced and is diligently pursuing the remedies necessary to cure the default (including commencement of foreclosure proceedings, if necessary). This Lease shall not be terminated while such remedies are being pursued.
Lender Protection. Upon a transfer in connection with foreclosure or trustee's sale proceedings or in connection with a default under an encumbrance, whether by deed to the holder of the encumbrance in lieu of foreclosure or otherwise, Tenant, if requested, shall in writing attorn to the transferee, but the transferee shall not be:
(a) subject to any offsets or defenses which Tenant might have against Landlord; or
(b) bound by any prepayment by Tenant of more than one month's installment of rent; or
(c) subject to any liability or obligation of Landlord except those arising after the transfer.
Lender Protection. Notwithstanding anything herein to the contrary, Tenant shall not have any duty to send any notice referred to in Sections 21.2.1 or 21.2.2 to any Holder who does not by written notice to Tenant specify the address to which copies are to be sent. All notices and copies of notices required to be sent or delivered pursuant to Sections 21.2.1 or 21.2.2 shall be sent in the same manner as notices otherwise are to be sent under the terms of this Lease. Any Holder’s address for receipt of notices may be changed by written notice to Tenant.
21.2.1. Tenant shall send to all Holders a copy of all notices of default sent by Tenant to Landlord.
21.2.2. Notwithstanding anything to the contrary contained in this Lease and subject to any limitation on Tenant’s rights to terminate this Lease otherwise contained herein, Tenant may seek to terminate this Lease pursuant to any express provision herein contained only after Tenant has sent to each Holder a written notice specifying the reason for such purported termination and:
21.2.2.1. In the event such reason constitutes a failure by Landlord to pay any funds to Tenant or to any other party, no such Holder cures such failure within thirty (30) days after receipt by all Holders of the written notice of default from Tenant;
21.2.2.2. In the event of any other reason which may be specified in this Lease susceptible of being cured by any Holder, no Holder commences within thirty (30) days after receipt by all Holders of written notice of such reason from Tenant the work of curing such matter and pursues the same to completion with all reasonable dispatch. So long as any Holder is proceeding diligently pursuant to any of the provisions of this Section 21.2.2 or is otherwise attempting to remedy the situation giving rise to Tenant’s right to terminate this Lease, Tenant’s rights to so terminate this Lease shall be suspended. Once the Holder has so proceeded, Tenant may not commence any proceeding or other efforts to terminate this Lease without prior written notice to all Holders. Nothing herein contained shall be deemed to require any Holder to continue with any foreclosure or any other proceedings against Landlord’s interest or with efforts to obtain a deed in lieu of foreclosure or, once having obtained possession of the Premises, to continue in possession thereof.
21.2.3. Any Holder shall have the right to perform any obligations of Landlord under this Lease, and Tenant shall accept such performance by or at the instance of ...
Lender Protection. Lessee and any Assignee or Tenant may, at any time and without the consent of Landowner, grant to any person or entity (herein, together with that person’s or entity’s successors and assigns, a “Lender”) one or more mortgages, trust deeds or similar security interests in all or any part of its interests under this Agreement (a “Mortgage”). In the event any such Mortgage is granted, the Lender thereunder shall, for so long as its Mortgage remains in effect, be entitled to the protections described in the following provisions of this Section 11, upon delivery to Landowner of notice of its name and address.
Lender Protection. Tenant will give the owners or holders of any Security Instrument (“Lienholder”), by registered mail, a copy of any notice of default Tenant serves on Landlord, provided that Landlord or Lienholder previously notified Tenant (by way of notice of assignment of rents and leases or otherwise) of the address of Lienholder. Tenant further agrees that if Landlord fails to cure such default within a reasonable period of time after Landlord’s receipt of such notice of default from Tenant, then Tenant will provide written notice of such failure to Lienholder and Lienholder will have an additional thirty (30) days within which to cure the default. Lienholder shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default by Landlord, except to the extent that Lienholder agrees or undertakes otherwise in writing. If the default cannot be cured within the additional thirty (30) day period, then Lienholder will have such additional time as may be necessary to effect the cure if, within the thirty (30) day period, Lienholder has commenced and is diligently pursuing the cure (including, without limitation, commencing foreclosure proceedings if necessary to effect the cure).
Lender Protection. Colorado Greenhouse agrees to give any Lender ----------------- by registered or certified mail, a copy of any notice or claim of default served upon BGP by Colorado Greenhouse, provided that prior to such notice Colorado Greenhouse has been notified in writing of the address of such Lender. Colorado Greenhouse further agrees that if BGP shall have failed to cure such default within 20 days after such notice to BGP (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if BGP has commenced within such 20 days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then any Lender shall have an additional 30 days within which to cure or correct such default (or if such default cannot be cured or corrected within that time and such default is not having a material adverse effect on Colorado Greenhouse, then such additional time as may be necessary if such Lender has commenced within such 30 days and is diligently pursuing the remedies or steps necessary to cure or correct such default, including the time necessary to obtain possession if possession is necessary to cure or correct such default).
Lender Protection. A lender, a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns providing financing secured by the Property and/or its improvements (collectively, "Mortgagees") may require certain Agreement interpretations and modifications. At any time requested by Owner or a Mortgagee, City shall meet with Owner and the Mortgagee to negotiate in good faith any such interpretation or modification. City will not unreasonably withhold its consent to any requested interpretation or modification that is consistent with the intent and purposes of this Agreement.
Lender Protection. Tenant agrees to give any Lender, by certified mail, a copy of any notice of default served upon Landlord, provided that prior to such notice Tenant has been notified in writing (by way of notice of assignment of rents and leases, or otherwise) of the address of such Lender. If Landlord shall have failed to cure such default within 30 days from the effective date of such notice of default, then the Lender shall have an additional 30 days within which to cure such default or if such default cannot be cured within that time, then such additional time as may be necessary to cure such default (including the time necessary to foreclose or otherwise terminate its Encumbrance, if necessary to effect such cure), and this Lease shall not be terminated so long as such remedies are being diligently pursued.
