Common use of Limitation of Cure Periods Clause in Contracts

Limitation of Cure Periods. Notwithstanding anything contained in §12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(a) or §12.1(b) in the event that Borrower cures such default within five (5) days following receipt of written notice of such default, provided, however, that Borrower shall not be entitled to receive more than two (2) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of default, and provided further that no such cure period shall apply to any payments due upon the maturity of the Note, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) or §12.1(e) in the event that Borrower cures such default with thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (ii) shall not pertain to defaults consisting of a failure to comply with §3.2 or §8 or to any default excluded from any provision for cure of defaults contained in any other of the Loan Documents. Notwithstanding anything in this Agreement or any other Loan Document to the contrary, any reference in this Agreement or any other Loan Document to “the continuance of a default” or “the continuance of an Event of Default” or any similar phrase shall not create or be deemed to create any right on the part of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner in this Agreement or any of the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shall, within thirty (30) days after learning such representation or warranty is untrue or misleading, take such actions as are required to cause such warranty or representation to be correct.

Limitation of Cure Periods. (a) Notwithstanding anything contained in §Section 12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(a) or §Section 12.1(b) in the event that the Borrower cures such default within five (5) days following receipt of written notice of such default, provided, however, that Borrower shall not be entitled to receive more than two (2) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of default, and provided further that no such cure period shall apply to any payments due upon the maturity of the NoteNotes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) or §Section 12.1(e) in the event that the Borrower cures such default with thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (ii) shall not pertain to defaults consisting of a failure to provide insurance as required by Section 7.7, to any default consisting of a failure to comply with §3.2 or §8 Section 7.4(e), or to any default excluded from any provision for of cure of defaults contained in any other of the Loan Documents. . (b) Notwithstanding anything in this Agreement the provisions of subsections (c) and (d) of Section 12.1 or any other Loan Document to of Section 12.1B, the contrary, any reference in this Agreement or any other Loan Document to “cure periods provided therein shall not be allowed and the continuance occurrence of a default” or “the continuance of Default thereunder immediately shall constitute an Event of Default” or any similar phrase shall not create or be deemed to create any right on the part Default for all purposes of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner in this Agreement or any of and the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shallif, within thirty (30) days after learning the period of twelve months immediately preceding the occurrence of such representation Default, there shall have occurred two periods of cure or warranty is untrue portions thereof under any one or misleading, take such actions as are required to cause such warranty or representation to be correctmore than one of said subsections.

Limitation of Cure Periods. (a) Notwithstanding anything contained in §Section 12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §Section 12.1(a) or §Section 12.1(b) in the event that Borrower cures the Borrowers cure such default within five (5) days following receipt of written notice of such default, provided, however, that Borrower Borrowers shall not be entitled to receive more than two (2) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of default, and provided further that no such cure period shall apply to any payments due upon the maturity of the NoteNotes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) or §Section 12.1(e) in the event that Borrower cures the Borrowers cure such default with within thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (ii) shall not pertain to defaults any default consisting of a failure to comply with §3.2 or §8 Section 7.4(e), or to any default excluded from any provision for of cure of defaults contained in any other of the Loan Documents. . (b) Notwithstanding anything in this Agreement or any other Loan Document to the contraryprovisions of subsections (d) and (e) of Section 12.1, any reference in this Agreement or any other Loan Document to “the continuance cure periods provided therein shall not be allowed and the occurrence of a default” or “the continuance of Default thereunder immediately shall constitute an Event of Default” or any similar phrase shall not create or be deemed to create any right on the part Default for all purposes of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner in this Agreement or any of and the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shallif, within thirty (30) days after learning the period of twelve months immediately preceding the occurrence of such representation Default, there shall have occurred two periods of cure or warranty is untrue portions thereof under any one or misleading, take such actions as are required to cause such warranty or representation to be correctmore than one of said subsections.

Limitation of Cure Periods. (a) Notwithstanding anything contained in §Section 12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §Section 12.1(a) or §Section 12.1(b) in the event that the Borrower cures such default within five (5) days following receipt of written notice of such default, provided, however, that Borrower shall not be entitled to receive more than two (2) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of default, and provided further that no such cure period shall apply to any payments due upon the maturity of the NoteNotes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) or §Section 12.1(e) in the event that the Borrower cures such default with thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (ii) shall not pertain to defaults consisting of a failure to comply with §3.2 or §8 Section 7.4(d) or to any default excluded from any provision for of cure of defaults contained in any other of the Loan Documents. . (b) Notwithstanding anything in this Agreement or any other Loan Document to the contraryprovisions of Section 12.1(d), any reference in this Agreement or any other Loan Document to “the continuance cure period provided therein shall not be allowed and the occurrence of a default” or “the continuance of Default thereunder immediately shall constitute an Event of Default” or any similar phrase shall not create or be deemed to create any right on the part Default for all purposes of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner in this Agreement or any of and the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shallif, within thirty (30) days after learning the period of twelve months immediately preceding the occurrence of such representation Default, there shall have occurred two periods of cure or warranty is untrue or misleading, take such actions as are required to cause such warranty or representation to be correctportions thereof under said subsection.

Limitation of Cure Periods. Notwithstanding anything contained in §12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(a) or §12.1(b) in the event that Borrower cures such default within five (5) days following receipt of written notice of such default, provided, however, that Borrower shall not be entitled to receive more than two (2) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of default, and provided further that no such cure period shall apply to any payments due upon the maturity of the Note, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) or §12.1(e) in the event that Borrower cures such default with thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (ii) shall not pertain to defaults consisting of a failure to comply with §3.2 or §8 or to any default excluded from any provision for cure of defaults contained in any other of the Loan Documents. Notwithstanding anything in this Agreement or any other Loan Document to the contrary, any reference in this Agreement or any other Loan Document to “the continuance of a default” or “the continuance of an Event of Default” or any similar phrase shall not create or be deemed to create any right on the part of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner Assignor of a Borrower in this Agreement or any of the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shall, within thirty (30) days after learning such representation or warranty is untrue or misleading, take such actions as are required to cause such warranty or representation to be correct.

Limitation of Cure Periods. (a) Notwithstanding anything contained in §Section 12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §Section 12.1(a) or §Section 12.1(b) in the event that the Borrower cures such default within five (5) days following receipt of written notice of such default, provided, however, that Borrower shall not be entitled to receive more than two (2) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of default, and provided further that no such cure period shall apply to any payments due upon the maturity of the NoteNotes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) or §Section 12.1(e) in the event that the Borrower cures such default with within thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (ii) shall not pertain to defaults any default consisting of a failure to comply with §3.2 or §8 Section 7.4(e), or to any default excluded from any provision for of cure of defaults contained in any other of the Loan Documents. . (b) Notwithstanding anything in this Agreement or any other Loan Document to the contraryprovisions of subsections (d) and (e) of Section 12.1, any reference in this Agreement or any other Loan Document to “the continuance cure periods provided therein shall not be allowed and the occurrence of a default” or “the continuance of Default thereunder immediately shall constitute an Event of Default” or any similar phrase shall not create or be deemed to create any right on the part Default for all purposes of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner in this Agreement or any of and the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shallif, within thirty (30) days after learning the period of twelve months immediately preceding the occurrence of such representation Default, there shall have occurred two periods of cure or warranty is untrue portions thereof under any one or misleading, take such actions as are required to cause such warranty or representation to be correctmore than one of said subsections.

Limitation of Cure Periods. (a) Notwithstanding anything contained in §12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(a) or §12.1(b) in the event that Borrower cures such default Default within five (5) days following receipt of written notice of such defaultfrom the date the same shall be due and payable, provided, however, that Borrower shall not be entitled to receive more than two (2) notices cure periods in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of defaultDefault, and provided further that no such cure period shall apply to any payments due upon the maturity of any of the NoteNotes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d12.1(e) or §12.1(e12.1(f) in the event that Borrower cures such default with Default within thirty (30) days following receipt of written notice of such default, provided that the Default. The provisions of this clause (ii) shall not pertain to defaults consisting of a failure to comply with §3.2 or §8 or to any default Defaults excluded from any provision for of cure of defaults Defaults contained in any other of the Loan Documents. . (b) Notwithstanding anything in this Agreement or any other Loan Document to the contrary, any reference in this Agreement or any other Loan Document to “"the continuance of a default” " or “"the continuance of an Event of Default” " or any similar phrase shall not create or be deemed to create any right on the part of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner in this Agreement or any of the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shall, within thirty (30) days after learning such representation or warranty is untrue or misleading, take such actions as are required to cause such warranty or representation to be correct.

Limitation of Cure Periods. Notwithstanding anything contained in §12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(a) or §12.1(b) in the event that Borrower cures such default within five (5) days following receipt of written notice of such default, provided, however, that Borrower shall not be entitled to receive more than two (2) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of default, and provided further that no such cure period shall apply to any payments due upon the maturity of the Note, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) or §12.1(e) in the event that Borrower cures such default with thirty (30) days following receipt of written notice of such default, provided or if such Default is of such a nature that it cannot be cured within such thirty (30) day period, in the event that Borrower commences such cure within such thirty (30) day period and thereafter diligently, continuously and in good faith prosecute such cure to completion, and in any event cures such Default within ninety (90) days following receipt of such written notice of Default. The provisions of this clause (ii) shall not pertain to defaults consisting of a failure to comply with §3.2 or §8 or to any default excluded from any provision for cure of defaults contained in any other of the Loan Documents. Notwithstanding anything in this Agreement or any other Loan Document to the contrary, any reference in this Agreement or any other Loan Document to “the continuance of a default” or “the continuance of an Event of Default” or any similar phrase shall not create or be deemed to create any right on the part of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner in this Agreement or any of the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shall, within thirty (30) days after learning such representation or warranty is untrue or misleading, take such actions as are required to cause such warranty or representation to be correct.

Limitation of Cure Periods. (a) Notwithstanding anything contained in §Section 12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(a) or §Section 12.1(b) in the event that the Borrower cures such default within five (5) days following receipt of written notice of such default, provided, however, that Borrower shall not be entitled to receive more than two (2) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of default, and provided further that no such cure period shall apply to any payments due upon the maturity of the NoteNotes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) or §Section 12.1(e) in the event that the Borrower cures such default with thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (ii) shall not pertain to defaults consisting of a failure to provide insurance as required by Section 7.7, to any default consisting of a failure to comply with §3.2 Section 3.2(a), Section 7.4(e), Section 7.23 (as to the failure of WASH, WASH Manager or §8 Xxxxx Avenue Holdings to comply therewith) Section 8.2(g), Section 8.7, Section 8.12, Section 8.13 (as to the failure to deliver any notice of default, acceleration or the exercise or threat of exercise of any remedies under the Mortgage Loan Documents or the Mezzanine Mortgage Loan Documents) or to any default excluded from any provision for of cure of defaults contained in any other of the Loan Documents. . (b) Notwithstanding anything in this Agreement or any other Loan Document to the contraryprovisions of subsections (c) and (d) of Section 12.1, any reference in this Agreement or any other Loan Document to “the continuance cure periods provided therein shall not be allowed and the occurrence of a default” or “the continuance of Default thereunder immediately shall constitute an Event of Default” or any similar phrase shall not create or be deemed to create any right on the part Default for all purposes of Borrower or any other party to cure any default following the expiration of any applicable grace or notice and cure period. In the event that Borrower obtains any knowledge that any representation or warranty made by or on behalf of Borrower, the Guarantors or Owner in this Agreement or any of and the other Loan Documents to its knowledge and belief shall be untrue or misleading, Borrower shall promptly notify Lender in writing of the same and shallif, within thirty (30) days after learning the period of twelve months immediately preceding the occurrence of such representation Default, there shall have occurred two periods of cure or warranty is untrue portions thereof under any one or misleading, take such actions as are required to cause such warranty or representation to be correctmore than one of said subsections.