Notice and Cure Rights. (i) Lessor, upon serving Lessee with any notice of default under the provisions of, or with respect to, this Agreement, shall also serve a copy of such notice upon the Lessee Lender (in the same manner as required by for notices to Lessee) at the address specified herein, or at such other address as a Lessee Lender shall designate in writing to Lessor.
(ii) In the event of a default or breach by Lessee under this Agreement, the Lessee Lender shall have the right, but not the obligation, to remedy such event, or cause the same to be remedied, within ten days (10) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement, in the event of a monetary default or breach, or within sixty (60) days after the expiration of all applicable grace or cure periods provided to Lessee in this Agreement in the event of any other breach or default, and Lessor shall accept such performance by or at the instance of the Lessee Lender as if the same had been made by Lessee, provided, that if any such non-monetary default or breach that is capable of cure requires Lessee Lender to acquire possession of the Lessee's interest in the Sites that are the subject of such breach or default, such period will be extended for such reasonable period as may be required to obtain such possession and cure such default of breach; provided, however, during such extended period, Lessee Lender must continue to cure other defaults and breaches in accordance with the provisions of this Section 40(b)(ii).
(iii) In the event of the termination of this Agreement prior to the expiration of the Term of this Agreement as provided herein for any reason (other than Lessee's failure to cure under (ii) above), including pursuant to Section 365 of the federal bankruptcy code, as amended from time to time, including any successor legislation thereto, or otherwise, Lessor shall serve upon Lessee Lender written notice that this Agreement has been terminated, together with a statement of any and all sums due under this Agreement and of all breaches and events of default under this Agreement, if any, then known to Lessor. Lessee Lender thereupon shall have the option, which option must be exercised by Lessee Lender's delivering notice to Lessor within then (10) Business Days after the Lessee Lender's receipt of notice from Lessor that the Lease has been terminated to cure any such Lessee breaches or Lessee events of default (and any Lessee breaches or Lessee events of d...
Notice and Cure Rights. Tenant agrees to notify any Mortgagee whose address has been furnished to Tenant, of any notice of default served by Tenant on Landlord. If Landlord fails to cure such default within the time provided for in this Lease, such Mortgagee shall have an additional thirty (30) days to cure such default; provided that, if such default cannot reasonably be cured within that thirty (30) day period, then such Mortgagee shall have such additional time to cure the default as is reasonably necessary under the circumstances.
Notice and Cure Rights. No notice from Tenant to Landlord of a Landlord default shall be effective unless and until a copy of the same is given to the holder of any Superior Interest of which Tenant has been notified, and the curing of any of Landlord’s defaults by the holder of such Superior Interest within a reasonable time after receipt of such notice from Tenant shall be treated as timely performance by Landlord.
Notice and Cure Rights. City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from Consultant specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City’s obligation is such that more than thirty (30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
Notice and Cure Rights. Notwithstanding anything in Administrative Code Chapter 56, if the Planning Commission makes a finding of non-compliance, or if the Board of Supervisors overrules a Planning Commission finding of compliance, then before any proceedings may be undertaken to modify or terminate this Agreement under Administrative Code Section 56.17(f) or 56.18 as those sections are in effect as of the Effective Date, attached hereto as Exhibit F, the Planning Commission or the Board of Supervisors, as applicable, shall first specify to Developer the respects in which Developer has failed to comply, and shall also specify a reasonable time for Developer to meet the terms of compliance, which time shall be not less than thirty (30) days and shall be reasonably related to the time necessary for Developer to adequately bring its performance into good faith compliance with the terms of this Agreement. If the areas of noncompliance specified by the Planning Commission or Board of Supervisors are not perfected within such reasonable time limits herein prescribed, then the Planning Commission or the Board of Supervisors may then by noticed hearing, terminate, modify or take such other actions as may be specified in Administrative Code Chapter 56 as that Section is in effect as of the Effective Date.
Notice and Cure Rights. In the event that Tenant ever notifies Landlord of a default or claimed default by Landlord under the Lease, Tenant shall send a copy of the written notice or a reasonably detailed written explanation of any oral notice (the “Tenant Notice”) concurrently therewith to Interim Landlord, Successor Head Landlord and Lender at the addresses set forth below and no such notice of default shall be deemed given to Landlord pursuant to the Lease unless and until such Tenant Notice has been delivered to Interim Landlord, Successor Head Landlord and to Lender. Interim Landlord, Successor Head Landlord and Lender shall be permitted (but shall have no obligation) to remedy any such default or claimed default specified in the Tenant Notice within an equal period of time, commencing on the date Interim Landlord, Successor Head Landlord and Lender receive or are deemed to have received such Tenant Notice, that Landlord would be permitted to remedy the same pursuant to the terms of the Lease. Notwithstanding the foregoing, Interim Landlord, Successor Head Landlord and Lender shall have a minimum of thirty (30) days after its receipt of the Tenant Notice to remedy the default or claimed default, provided, however, that if such default or claimed default cannot be remedied with reasonable diligence by Interim Landlord, Successor Head Landlord or Lender, as the case may be, within thirty (30) days, Interim Landlord, Successor Head Landlord and Lender shall have such additional time as is reasonably necessary to remedy the default with reasonable diligence and continuity. Furthermore, if a default can be reasonably remedied only if Interim Landlord, Successor Head Landlord or Lender, as the case may be, first obtains possession of the Property or any part thereof or if any default is not curable by Successor Head Landlord or Lender, as the case may be, Interim Landlord, Successor Head Landlord and Lender shall have any additional time as is reasonably necessary under the circumstances to obtain possession of the Property or part thereof and, if such default is curable by Interim Landlord, Successor Head Landlord or Lender, as the case may be, to remedy the default with reasonable diligence and continuity thereafter.
Notice and Cure Rights. In the event of a default under any covenant contained in this PSA, the non-defaulting Party shall give the defaulting Party notice of such default, specifying in reasonable detail the nature of the default. Thereafter the defaulting Party shall have fifteen (15) days from the date notice of default is given to cure the default. If the defaulting Party cures the default within the 15-day period, it shall not incur any liability to the other Party for the default. Each Party shall reasonably cooperate with any and all attempts by the other to cure any default within the cure-period.
Notice and Cure Rights. If Tenant shall serve Landlord with any notice claiming a default or breach of this Lease Agreement by Landlord, Tenant shall serve a duplicate of said notice upon each Fee Mortgagee, provided that Tenant has received the name and address of such Fee Mortgagees. The Fee Mortgagees shall be permitted to correct or remedy the breach or default complained of within a reasonable time after the expiration of Landlord’s time to do so and with the same effect as if Landlord itself had done so.
Notice and Cure Rights. There shall not be a default under this Agreement until the non-defaulting Party shall have given the defaulting Party written notice of such default, specifying in reasonable detail the nature of the default, and the defaulting Party shall have (i) ten (10) days in which to cure said default in the case of monetary defaults; and (ii) twenty (20) days in which to cure said default in the case of non monetary defaults.
Notice and Cure Rights. Notwithstanding any provision to the contrary set forth in this AGREEMENT, an EVENT OF DEFAULT shall not be deemed to have occurred with respect to the violation of any covenant or requirement contained herein, or the occurrence of any default hereunder other than the failure to pay a monetary amount due (with respect to which there shall be no notice or cure right), excepting the specific provisions of this AGREEMENT excluded in the next succeeding sentence of this Section, until after the LENDER has forward notice of such violation to the BORROWER and the BORROWER has failed to correct such violation within ten (10) calendar days after the date of the sending of such notice. A violation of any of the following sections of this AGREEMENT shall immediately constitute an EVENT OF DEFAULT without the BORROWER having any notice or cure rights: Section 5.1, Sections 6.1 through 6.14 inclusive, and Sections 7.3, 7.5, 7.6, 7.7, 7.9, 7.10, 7.11, 7.16, 7.17 or 7.18.
