Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) and Tenant exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured within such period, then such additional time as may be reasonable necessary to effect such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee shall commence and thereafter diligently pursue remedies to cure such default. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which is personal to Landlord and therefore not susceptible to cure by Mortgagee or which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnation.
Appears in 3 contracts
Samples: Lease Agreement (Avigen Inc \De), Lease Agreement (Acusphere Inc), Lease Agreement (Acusphere Inc)
Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) and ), but not prior thereto Tenant exercises any right to terminate the Lease, Mortgagee Mortgagee, shall have an additional 30 days within which to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured within such period, then such additional time as may be reasonable necessary to effect such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that within such 30-day period Mortgagee shall commence and thereafter diligently pursue remedies to cure such default. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which is personal to Landlord and therefore not susceptible to cure by Mortgagee or which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnation.
Appears in 2 contracts
Samples: Lease Agreement (SGX Pharmaceuticals, Inc.), Lease Agreement (SGX Pharmaceuticals, Inc.)
Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) ), and thereafter Tenant exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot be cured by the exercise payment of reasonable efforts by Mortgagee be cured within such periodmoney or reasonably requires more than 30 days to cure, then Mortgagee shall have such additional time as may be reasonable reasonably necessary to effect complete such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee shall commence and commences such cure within such 30-day period, Mortgagee thereafter diligently pursue remedies prosecutes the same to completion, and Mortgagee completes such cure no more than 60 days after the expiration of such default30-day period. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which that is personal to Landlord and therefore not susceptible to cure by Mortgagee or which that requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnation.
Appears in 2 contracts
Samples: Lease Agreement (Paradigm Genetics Inc), Lease Agreement (Paradigm Genetics Inc)
Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) and Tenant Txxxxxx exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured within such period, then such additional time as may be reasonable necessary to effect such a cure Cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee shall commence and thereafter diligently pursue remedies to cure such default. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which is personal to Landlord and therefore not susceptible to cure by Mortgagee or which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's ’s termination rights under the Lease due to casualty or condemnation.
Appears in 1 contract
Samples: Lease Agreement (Omeros Corp)
Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) and Tenant exercises any right to terminate the Lease, Mortgagee Mortgagee, shall have an additional 30 days within which to cure to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured within such period, then such additional time as may be reasonable necessary to effect such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee shall commence and thereafter diligently pursue remedies to cure such default. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which is personal to Landlord and therefore not susceptible to cure by Mortgagee or which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnation.
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Samples: Lease Agreement (Viacell Inc)
Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) and ), but not prior thereto Tenant exercises any right to terminate the Lease, Mortgagee Mortgagee, shall have an additional 30 days within which to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured within such period, then such additional time as may be reasonable necessary to effect such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that within such 30-day period Mortgagee shall commence and thereafter diligently pursue remedies to cure such default. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which is personal to Landlord and therefore not susceptible to cure by Mortgagee or which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnationcondemnation or Tenant's "self-help" rights under Section 31 of the Lease.
Appears in 1 contract
Samples: Lease Agreement (Biogen Inc)
Mortgagee Cure Rights. If Landlord In the event of any default on the part of Landlord, Tenant will give notice by registered or certified mail to Mortgagee. Mortgagee shall have failed thirty (30) days from the expiration of Landlord's applicable cure period to cure any the default if the default can be fully cured by the payment of a specific and liquidated amount of money. If the default cannot be fully cured by the payment of a specific and liquidated amount of money and possession is reasonably required to cure the default, and unless Tenant shall have provided all access necessary to affect a cure, Mortgagee shall promptly commence taking steps to obtain possession of the Premises by foreclosure or the judicial appointment of a receiver after receipt of Tenant's written notice of the default, and shall thereafter diligently continue to attempt to cure the default within the minimum period of time period provided for in reasonably required under the Lease (including any applicable notice and grace periods) and Tenant exercises any right circumstances to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured within such period, then such additional time as may be reasonable necessary to effect such achieve a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee shall commence and thereafter diligently pursue remedies to cure such defaultcure. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which is personal to Landlord and therefore not susceptible to cure by Mortgagee or which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnation.
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Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) and Tenant exercises any right to terminate the Lease, Mortgagee Mortgagee, shall have an additional 30 days within which to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured within such period, then such additional time as may be reasonable necessary to effect such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee shall commence and thereafter diligently pursue remedies to cure such default. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which is personal to Landlord and therefore not susceptible to cure by Mortgagee or which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's --------- termination rights under the Lease due to casualty or condemnation.
Appears in 1 contract
Samples: Lease Agreement (Equinix Inc)
Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods) ), and thereafter Tenant exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot be cured by the exercise payment of reasonable efforts by Mortgagee be cured within such periodmoney or reasonably requires more than 30 days to cure, then Mortgagee shall have such additional time as may be reasonable reasonably necessary to effect complete such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee shall commence and commences such cure within such 30-day period, Mortgagee thereafter diligently pursue remedies prosecutes the same to completion, and Mortgagee completes such cure no more than 60 days after the expiration of such default30-day period. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default which that is personal to Landlord and therefore not susceptible to cure by Mortgagee or which that requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's ’s termination rights under the Lease due to casualty or condemnation.
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