Common use of Notice and Opportunity to Cure Landlord Default Clause in Contracts

Notice and Opportunity to Cure Landlord Default. Tenant shall furnish to Lender copies of all notices (each, a “First Notice”) which Landlord is entitled to receive under the Lease, and upon request by Lender, Tenant agrees to certify in writing to Lender whether or not any default on the part of Landlord exists under the Lease and the nature of any such default. Furthermore, Tenant shall provide notice (“Landlord Default Notice”) to Lender in writing of the occurrence of any default by Landlord (if no cure period is associated with a First Notice and the facts and circumstances associated with a First Notice constitute a default on the part of Landlord, a Landlord Default Notice may be given at the same time as the respective First Notice and shall permit Lender a period of thirty (30) days from the date of such notice (the “Cure Period”) in which to cure such default prior to proceeding to exercise any of the rights or remedies of Tenant under the Lease, including termination of the Lease, abatement of rental payments due thereunder, or performance of Landlord’s covenants or obligations which Tenant asserts to be in default. The Cure Period for defaults, other than Exigent Circumstances Defaults (as defined below), (i) shall be extended by a reasonable period of time so long as Lender is diligently pursuing the cure of a default which can not reasonably be expected to be cured within the initial thirty (30) day Cure Period, and (ii) shall not be deemed to commence until after any period of time during which Lender is pursuing acquisition of title to the Premises through foreclosure or otherwise, such period to include, without limitation, any period of time during which Lender’s acquisition of title to the Premises is stayed by any proceeding in bankruptcy, any injunction or other judicial process. With respect to defaults which are personal to Landlord, such as bankruptcy, and thus not capable of being cured by Lender, or with respect to defaults which are not capable of being cured without possession of the Premises, then Lender shall be deemed to be diligently pursuing a cure of such default if, within the above described thirty (30) day Cure Period, Lender commences and thereafter pursues (subject to any judicial stays, injunctions or other delays) foreclosure proceedings for the Premises. Furthermore, in the case of defaults personal to Landlord, Lender shall be deemed to have cured such defaults upon final foreclosure of the Premises. Notwithstanding anything herein to the contrary, in the event of the occurrence of any facts or circumstances which, if allowed by Landlord to continue, would constitute a default of a type that would deprive Tenant of any essential service or would result in a condition that constitutes an emergency or involves other exigent circumstances that may reasonably be expected to cause Tenant, its employees, agents or invitees material harm if Tenant were required to provide Lender a Landlord Default Notice and the Cure Period (such condition being referred to herein as an “Exigent Circumstances Default”), Lender shall have the same period of time (an “Exigent Circumstances Cure Period”) from the date Tenant delivers a First Notice to Lender, as Landlord would have following Tenant’s delivery of such First Notice to Landlord, in which to cure such potential Exigent Circumstances Default, prior to Tenant proceeding to exercise any of the rights or remedies of Tenant under the Lease. In no event shall any Exigent Circumstances Cure Period be extended beyond the period of time set forth above.

Notice and Opportunity to Cure Landlord Default. Tenant shall furnish give Lender a copy of any notice Tenant may give Landlord regarding Landlord's failure to Lender copies observe or perform a provision of all notices (each, a “First Notice”) which Landlord is entitled to receive under the Lease, and upon request by Lender, Tenant agrees to certify in writing to Lender whether or not any default on . After the part of period provided Landlord exists under the Lease and the nature of any to cure such default. Furthermorefailure, Tenant shall provide notice (“Landlord Default Notice”) to may notify Lender in writing of the occurrence of any default by Landlord (if no cure period is associated with a First Notice and the facts and circumstances associated with a First Notice constitute a default on the part of Landlord, a Landlord Default Notice may be given at the same time as the respective First Notice and shall permit Lender a period of thirty (30) days from the date of such notice (the “"Cure Period”") in which to cure such default prior to proceeding to exercise any of the rights or remedies of Tenant under the Lease, including including: (i) termination of the Lease, (ii) abatement of rental payments due thereunder, or (iii) performance of Landlord’s 's covenants or obligations which Tenant asserts to be in default. The ; provided however, that the Cure Period for defaults, other than Exigent Circumstances Defaults (as defined below), (i) granted to Lender herein shall be extended by a reasonable any period of time so long as during which Lender is diligently pursuing the cure of a default which can cannot reasonably be expected to be cured within the initial thirty (30) day Cure Period, and (ii) shall not be deemed to commence until after any period of time during which Lender is pursuing acquisition of title to the Premises through foreclosure or otherwise, such period to include, without limitation, any period of time (a) during which Lender’s 's acquisition of title to the Premises is stayed by any proceeding in bankruptcy, any injunction or other judicial process. With respect to defaults which are personal to Landlord, such as bankruptcy, and thus not capable (b) after acquisition of being cured title by Lender during which Landlord or any other party is contesting the validity of the acquisition or Lender, or with respect 's title to defaults which are not capable of being cured without possession of the Premises, then Lender shall be deemed to be diligently pursuing a cure of such default if, within the above described thirty (30) day Cure Period, Lender commences and thereafter pursues (subject to any judicial stays, injunctions or other delays) foreclosure proceedings for the Premises. Furthermore, provided that in the case of defaults personal to Landlord, Lender shall be deemed to have cured such defaults upon final foreclosure of the Premises. Notwithstanding anything herein to the contrary, in the event of the occurrence of any facts or circumstances which, if allowed by Landlord to continue, would constitute a default of a type that would deprive Tenant of any essential service or would result in a condition that constitutes an emergency or involves other exigent circumstances that may reasonably be expected to cause Tenant, its employees, agents or invitees material harm if Tenant were required to provide Lender a Landlord Default Notice and the Cure Period (such condition being referred to herein as an “Exigent Circumstances Default”), Lender shall have the same period of time (an “Exigent Circumstances Cure Period”) from the date Tenant delivers a First Notice to Lender, as Landlord would have following Tenant’s delivery of such First Notice to Landlord, in which to cure such potential Exigent Circumstances Default, prior to Tenant proceeding to exercise any of the rights or remedies of Tenant under the Lease. In no event shall any Exigent Circumstances Cure Period Tenant be extended beyond the required to forbear from executing its remedies for a period in excess of time set forth abovesixty (60) days.

Notice and Opportunity to Cure Landlord Default. Tenant shall furnish give Lender a copy of any notice Tenant may give Landlord regarding Xxxxxxxx's failure to Lender copies observe or perform a provision of all notices (each, a “First Notice”) which Landlord is entitled to receive under the Lease, and upon request by Lender, Tenant agrees to certify in writing to Lender whether or not any default on . After the part of period provided Landlord exists under the Lease and the nature of any to cure such default. Furthermorefailure, Tenant shall provide notice (“Landlord Default Notice”) to may notify Lender in writing of the occurrence of any default by Landlord (if no cure period is associated with a First Notice and the facts and circumstances associated with a First Notice constitute a default on the part of Landlord, a Landlord Default Notice may be given at the same time as the respective First Notice and shall permit Lender a period of thirty (30) days from the date of such notice (the “"Cure Period”") in which to cure such default prior to proceeding to exercise any of the rights or remedies of Tenant under the Lease, including including: (i) termination of the Lease, (ii) abatement of rental payments due thereunder, or (iii) performance of Landlord’s 's covenants or obligations which Tenant asserts to be in default. The ; provided however, that the Cure Period for defaults, other than Exigent Circumstances Defaults (as defined below), (i) granted to Lender herein shall be extended by a reasonable any period of time so long as during which Lender is diligently pursuing the cure of a default which can cannot reasonably be expected to be cured within the initial thirty (30) day Cure Period, and (ii) shall not be deemed to commence until after any period of time during which Lender is pursuing acquisition of title to the Premises through foreclosure or otherwise, such period to include, without limitation, any period of time (a) during which Lender’s 's acquisition of title to the Premises is stayed by any proceeding in bankruptcy, any injunction or other judicial process. With respect to defaults which are personal to Landlord, such as bankruptcy, and thus not capable of being cured by Lender, or with respect to defaults which are not capable of being cured without possession of the Premises, then Lender shall be deemed to be diligently pursuing a cure of such default if, within the above described thirty (30) day Cure Period, Lender commences and thereafter pursues (subject to any judicial stays, injunctions or other delays) foreclosure proceedings for the Premises. Furthermore, in the case of defaults personal to Landlord, Lender shall be deemed to have cured such defaults upon final foreclosure of the Premises. Notwithstanding anything herein to the contrary, in the event of the occurrence of any facts or circumstances which, if allowed by Landlord to continue, would constitute a default of a type that would deprive Tenant of any essential service or would result in a condition that constitutes an emergency or involves other exigent circumstances that may reasonably be expected to cause Tenant, its employees, agents or invitees material harm if Tenant were required to provide Lender a Landlord Default Notice and the Cure Period (such condition being referred to herein as an “Exigent Circumstances Default”), Lender shall have the same period of time (an “Exigent Circumstances Cure Period”) from the date Tenant delivers a First Notice to Lender, as Landlord would have following Tenant’s delivery of such First Notice to Landlord, in which to cure such potential Exigent Circumstances Default, prior to Tenant proceeding to exercise any of the rights or remedies of Tenant under the Lease. In no event shall any Exigent Circumstances Cure Period be extended beyond the period of time set forth above.and

Notice and Opportunity to Cure Landlord Default. Tenant shall furnish give Lender a copy of any notice Tenant may give Landlord regarding Xxxxxxxx's failure to Lender copies observe or perform a provision of all notices (each, a “First Notice”) which Landlord is entitled to receive under the Lease, and upon request by Lender, Tenant agrees to certify in writing to Lender whether or not any default on . After the part of period provided Landlord exists under the Lease and the nature of any to cure such default. Furthermorefailure, Tenant shall provide notice (“Landlord Default Notice”) to may notify Lender in writing of the occurrence of any default by Landlord (if no cure period is associated with a First Notice and the facts and circumstances associated with a First Notice constitute a default on the part of Landlord, a Landlord Default Notice may be given at the same time as the respective First Notice and shall permit Lender a period of thirty (30) days from the date of such notice (the “"Cure Period”") in which to cure such default prior to proceeding to exercise any of the rights or remedies of Tenant under the Lease, including including: (i) termination of the Lease, (ii) abatement of rental payments due thereunder, or (iii) performance of Landlord’s 's covenants or obligations which Tenant asserts to be in default. The ; provided however, that the Cure Period for defaults, other than Exigent Circumstances Defaults (as defined below), (i) granted to Lender herein shall be extended by a reasonable any period of time so long as during which Lender is diligently pursuing the cure of a default which can cannot reasonably be expected to be cured within the initial thirty (30) day Cure Period, and (ii) shall not be deemed to commence until after any period of time during which Lender is pursuing acquisition of title to the Premises through foreclosure or otherwise, such period to include, without limitation, any period of time (a) during which Lender’s 's acquisition of title to the Premises is stayed by any proceeding in bankruptcy, any injunction or other judicial process. With respect to defaults which are personal to Landlord, such as bankruptcy, and thus not capable (b) after acquisition of being cured title by Lender during which Landlord or any other party is contesting the validity of the acquisition or Lender, or with respect 's title to defaults which are not capable of being cured without possession of the Premises, then Lender shall be deemed to be diligently pursuing a cure of such default if, within the above described thirty (30) day Cure Period, Lender commences and thereafter pursues (subject to any judicial stays, injunctions or other delays) foreclosure proceedings for the Premises. Furthermore, provided that in the case of defaults personal to Landlord, Lender shall be deemed to have cured such defaults upon final foreclosure of the Premises. Notwithstanding anything herein to the contrary, in the event of the occurrence of any facts or circumstances which, if allowed by Landlord to continue, would constitute a default of a type that would deprive Tenant of any essential service or would result in a condition that constitutes an emergency or involves other exigent circumstances that may reasonably be expected to cause Tenant, its employees, agents or invitees material harm if Tenant were required to provide Lender a Landlord Default Notice and the Cure Period (such condition being referred to herein as an “Exigent Circumstances Default”), Lender shall have the same period of time (an “Exigent Circumstances Cure Period”) from the date Tenant delivers a First Notice to Lender, as Landlord would have following Tenant’s delivery of such First Notice to Landlord, in which to cure such potential Exigent Circumstances Default, prior to Tenant proceeding to exercise any of the rights or remedies of Tenant under the Lease. In no event shall any Exigent Circumstances Cure Period Tenant be extended beyond the required to forbear from executing its remedies for a period in excess of time set forth abovesixty (60) days.