Mortgagee Protection. Tenant agrees to give any Mortgagee, by registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party"). Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 9 contracts
Samples: Office Lease (Deja Foods Inc), Office Lease (Deja Foods Inc), Office Lease (Treaty Oak Bancorp Inc)
Mortgagee Protection. Tenant agrees to give any Mortgagee, by registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "“Notified Party"”). Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's ’s default.
Appears in 8 contracts
Samples: Office Lease (Barfresh Food Group Inc.), Office Lease (Wilshire Bancorp Inc), Office Lease (Derycz Scientific Inc)
Mortgagee Protection. Tenant agrees to give any the First Mortgagee, by registered or certified mail, a copy of any notice of default served upon the Landlord by Tenant, provided that that, prior to such notice notice, Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment assignment of Rents rents and Leasesleases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party")First Mortgagee. Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party First Mortgagee shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party First Mortgagee has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party First Mortgagee to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 3 contracts
Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc), Sublease Agreement (Biosante Pharmaceuticals Inc)
Mortgagee Protection. Tenant agrees to give any Mortgagee, by -------------------- registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party"). Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 2 contracts
Samples: Office Lease (Internet Capital Group Inc), Office Lease (Bre Properties Inc /Md/)
Mortgagee Protection. Tenant agrees to give any Mortgagee, by registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided provided, that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "“Notified Party"”). Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's ’s default.
Appears in 2 contracts
Samples: Manufacturing Agreement (SunEdison Semiconductor LTD), Office Lease (Guidance Software, Inc.)
Mortgagee Protection. Tenant agrees to give any the First Mortgagee, by registered or certified mail, a copy of any notice of default served upon the Landlord by Tenant, provided that that, prior to such notice notice, Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment assignment, of Rents rents and Leasesleases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party")First Mortgagee. Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party First Mortgagee shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party First Mortgagee has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party First Mortgagee to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 2 contracts
Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Mortgagee Protection. Tenant agrees to give any Mortgagee, the First Mortgagee by registered or certified mail, a copy of any notice of default served upon the Landlord by Tenant, provided that that, prior to such notice notice, Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment assignment of Rents rents and Leasesleases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party")First Mortgagee. Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party First Mortgagee shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party First Mortgagee has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party First Mortgagee to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 2 contracts
Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Mortgagee Protection. Tenant agrees to give any the Mortgagee, by registered or certified mail, a copy of any notice or claim of default served upon Landlord by Tenant, provided that prior to such notice notice, Tenant has been notified in writing (writing, by way of service on Tenant of a copy of Assignment an assignment of Rents and LeasesLandlord's interests in leases, or otherwise) , of the address of such Mortgagee (hereafter the "Notified Party")Mortgagee. Tenant further agrees that if Landlord shall have has failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is pursuing diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party Mortgagee shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party such Mortgagee has commenced within such thirty (30) days and is pursuing diligently pursuing the remedies or steps necessary to cure or correct such default). Until , including the time allowed, as aforesaid, for the Notified Party necessary to obtain possession if possession is necessary to cure or correct such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default).
Appears in 2 contracts
Samples: Lease (Autocam International LTD), Lease Agreement (Autocam International LTD)
Mortgagee Protection. Tenant agrees to give any Mortgagee, by registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "“Notified Party"”). Tenant further agrees that if Landlord shall have failed to cure such default within twenty thirty (2030) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty thirty (2030) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's ’s default.
Appears in 2 contracts
Samples: Office Lease (Splunk Inc), Office Lease (Omniture, Inc.)
Mortgagee Protection. Tenant agrees to give any the First Mortgagee, by registered or certified mail, a copy of any notice of default served upon the Landlord by Tenant, provided that that, prior to such notice notice, Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment assignment of Rents rents and Leasesleases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party")First Mortgagee. Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be he necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party First Mortgagee shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party First Mortgagee has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party First Mortgagee to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 1 contract
Mortgagee Protection. Tenant agrees to give any First Mortgagee, by registered or certified mail, a copy of any notice or claim of default served upon Landlord by Tenant, provided that prior to such notice notice, Tenant has been notified in writing (writing, by way of service on Tenant of a copy of Assignment an assignment of Rents and LeasesLandlord's interests in leases, or otherwise) , of the address of such Mortgagee (hereafter the "Notified Party")First Mortgagee. Tenant further agrees that if Landlord shall have has failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is pursuing diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party First Mortgagee shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party First Mortgagee has commenced within such thirty (30) days and is pursuing diligently pursuing the remedies or steps necessary to cure or correct such default). Until , including the time allowed, as aforesaid, for the Notified Party necessary to obtain possession if possession is necessary to cure or correct such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default).
Appears in 1 contract
Samples: Office Lease (May & Speh Inc)
Mortgagee Protection. Tenant agrees to give any First Mortgagee, by registered or certified mail, a copy of any notice or claim of default served upon Landlord by Tenant, provided that prior to such notice notice, Tenant has been notified in writing (writing, by way of service on Tenant of a copy of Assignment an assignment of Rents and LeasesLandlord's interests in leases, or otherwise) , of the address of such Mortgagee (hereafter the "Notified Party")First Mortgagee. Tenant further agrees that if Landlord shall have has failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is pursuing diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party First Mortgagee shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party such First Mortgagee has commenced within such thirty (30) days and is pursuing diligently pursuing the remedies or steps necessary to cure or correct such default). Until , including the time allowed, as aforesaid, for the Notified Party necessary to obtain possession if possession is necessary to cure or correct such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default).
Appears in 1 contract
Samples: Office Lease (May & Speh Inc)
Mortgagee Protection. Tenant agrees to give any Mortgagee, by --------------------- registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party"). Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 1 contract
Samples: Office Lease (Igate Capital Corp)
Mortgagee Protection. Tenant agrees to give any Mortgagee, by registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party"). ; Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 1 contract
Samples: Retail Lease (Nara Bancorp Inc)
Mortgagee Protection. Tenant agrees to give any Mortgagee, by registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "“Notified Party"”). Tenant further agrees that if Landlord shall have failed to cure such default within twenty thirty (2030) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty thirty (2030) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default)) but in no event more than ninety (90) days to cure such default. Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's ’s default.
Appears in 1 contract
Samples: Office Lease (McData Corp)
Mortgagee Protection. Tenant agrees to give to any Mortgageetrust deed or mortgage holder ("Holder"), by registered or certified mail, at the same time as it is given to Landlord, a copy of any notice of default served upon Landlord by Tenantgiven to Landlord, provided that that, prior to such notice notice, Tenant has been notified notified, in writing (by way of service on Tenant notice of a copy assignment of Assignment of Rents rents and Leasesleases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party")Holder. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then the Holder shall have an additional twenty (20) days after expiration of such period, or after receipt of such notice from Tenant (if such notice to Landlord (the Holder is required by this Paragraph 0), whichever shall last occur within which to cure such default or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days days, any Holder has commenced and is diligently pursuing the remedies or steps necessary to cure or correct such default), then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure(including, Tenant shall have no right but not limited to, and shall notcommencement of foreclosure proceedings, terminate if necessary to effect such cure), in which event this Lease on account shall not be terminated. This Lease, including the Exhibits and any Addenda attached hereto, which are hereby incorporated herein by this reference, contains the entire agreement of Landlord's defaultthe parties hereto, and no representations, inducements, promises or agreements, oral or otherwise, between the parties, not embodied herein or therein, shall be of any force and effect.
Appears in 1 contract
Samples: Lease Agreement (Cepheid)
Mortgagee Protection. Tenant agrees to give any Mortgagee, by -------------------- registered or certified mail, a copy of any notice of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment of Rents and Leases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party"). Tenant further agrees that if Landlord shall have failed to cure such default within twenty (20) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced within such twenty (20) days and is diligently pursuing the remedies or steps necessary to cure or correct such default), default then the Notified Party shall have an additional thirty (30) days within which to cure or correct such default default, (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cure, Tenant shall have no right to, and shall not, terminate this Lease on account of Landlord's default.
Appears in 1 contract
Mortgagee Protection. Tenant agrees to give any Mortgageeholder of any First Mortgage, as defined in Section 18.01, against the Land or Building, or any interest therein, by registered or certified mail, a copy of any notice or claim of default served upon Landlord by Tenant, provided that prior to such notice Tenant has been notified in writing (by way of service on Tenant of a copy of Assignment an assignment of Rents and LeasesLandlord’s interests in leases, or otherwise) of the address of such Mortgagee (hereafter the "Notified Party")First Mortgage holder. Tenant further agrees that if Landlord shall have has failed to cure such default within twenty thirty (2030) days after such notice to Landlord (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if Landlord has commenced cure or correction within such twenty thirty (2030) days and is pursuing diligently pursuing the remedies or steps necessary to cure or correct such default; provided, however, in no event shall Landlord have more than a total of one hundred twenty (120) days after receipt of such notice from Tenant to cure or correct a default), then the Notified Party holder of the First Mortgage shall have an additional thirty (30) days within which to cure or correct such default (or if such default cannot be cured or corrected within that time, then such additional time as may be necessary if default. Notwithstanding the Notified Party has commenced within such thirty (30) days and is diligently pursuing the remedies or steps necessary to cure or correct such default). Until the time allowed, as aforesaid, for the Notified Party to cure such default has expired without cureforegoing, Tenant shall have no right tonot be required to give the holder of the First Mortgage notice of any matter described in Section 6.03 of the Lease, and the holder of the First Mortgage shall not, terminate this Lease on account of not have any additional time to comply with Landlord's default’s obligations described in Section 6.03.
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