Common use of Notice and Right to Cure Clause in Contracts

Notice and Right to Cure. Tenant agrees to provide Agent with a copy of each notice of default given to Landlord under the Lease, at the same time as such notice of default is given to the Landlord, and that, in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default is not curable by Agent (so long as the default does not interfere with Tenant's use and occupation of the Premises), or (b) if the default is curable by Agent, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's address, and to Agent at the address provided in Section 7 below; PROVIDED, HOWEVER, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage), if Agent gives Tenant written notice within such thirty (30) day period of Agent's election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent shall have no obligation to cure any default under the Lease.

Appears in 2 contracts

Samples: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)

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Notice and Right to Cure. Tenant agrees to provide Agent Lender with a copy of each notice of default given to Landlord under the Lease, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default is not curable by Agent Lender (so long as the default does not interfere with Tenant's use and occupation of the Premisespremises), or (b) if the default is curable by AgentLender, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's address, and to Agent Lender, at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the MortgageDeed of Trust), if Agent Lender gives Tenant written notice within such thirty (30) day period of AgentLender's election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent Lender shall have no obligation to cure any default under the Lease.

Appears in 2 contracts

Samples: Subordination, Non Disturbance and Attornment Agreement (Arden Realty Inc), Subordination, Non Disturbance and Attornment Agreement (Arden Realty Inc)

Notice and Right to Cure. Tenant agrees to provide Agent with a copy of each notice of default given to Landlord under the Lease, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default is not curable by Agent (so long as the default does not interfere with Tenant's ’s use and occupation of the Premises), or (b) if the default is curable by Agent, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's address, and to Agent at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage), if Agent gives Tenant written notice within such thirty (30) day period of Agent's ’s election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent shall have no obligation to cure any default under the Lease.

Appears in 1 contract

Samples: Lease Agreement (Clayton Holdings Inc)

Notice and Right to Cure. Tenant agrees to provide Agent with a copy of each notice of default given to Landlord Landlord, under the Lease, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default default, is not curable by Agent Lender (so long as the default does not interfere with Tenant's ’s use and occupation of the Premises), or (b) if the default is curable by AgentAgent or Lenders, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's ’s address, and to Agent at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time (not to exceed 120 days) as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage, if necessary to effectuate a cure), if Agent gives Tenant written notice within such thirty (30) day period of Agent's Lender’s election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable such thirty-day period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent and Lenders shall have no obligation to cure any default under the Lease, except to the extent provided in paragraph 4 above.

Appears in 1 contract

Samples: Office Lease (Oscient Pharmaceuticals Corp)

Notice and Right to Cure. Tenant agrees to provide Agent Lender with a copy of each notice of default given to Landlord under the LeaseLeases, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the LeaseLeases, Tenant will take no action to terminate the Lease Leases (a) if the default is not curable by Agent Lender (so long as the default does not interfere with Tenant's use and occupation of the Premises), or (b) if the default is curable by AgentLender, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been givenmailed, postage prepaid, to Landlord at Landlord's address, and to Agent Lender at its address in accordance with the address provided in provisions of Section 7 3 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) said thirty-day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession the appointment of a receiver for the Property and to foreclose the MortgageProperty), if Agent Lender gives Tenant written notice within such thirty (30) day period of AgentLender's election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent Lender shall have no obligation to cure any default under the Lease.

Appears in 1 contract

Samples: Term Loan Agreement (Northeast Utilities System)

Notice and Right to Cure. Tenant agrees to provide Agent with a copy of each notice of default given to Landlord under the Lease, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default is not curable by Agent (so long as the default does not interfere with Tenant's ’s use and occupation of the Premises), or (b) if the default is curable by Agent, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's address, and to Agent at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage), if Agent gives Tenant written notice within such thirty (30) day period of Agent's ’s election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent shall have no obligation to cure any default under the Lease. Provided, however, nothing in this Section 6 shall derogate from Tenant’s self-help rights as set forth in (i) Sections 3.10(B) and 3.10(C) of the Lease in connection with the Connector Bridge (as such term is defined in the Lease) and (ii) Sections 3.2(A) and 3.2(B) of the Lease in connection with Landlord’s Work (as such term is defined in the Lease).

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

Notice and Right to Cure. Tenant agrees to provide Agent Lender with a copy of each notice of default given to Landlord under the Lease, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default is not curable by Agent Lender (so long as the default does not interfere with Tenant's use and occupation of the Premises), or (b) if the default is curable by AgentLender, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's address, and to Agent Lender at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage), if Agent Lender gives Tenant written notice within such thirty (30) day period of AgentXxxxxx's election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent Lender shall have no obligation to cure any default under the Lease.

Appears in 1 contract

Samples: Office Lease (Be Free Inc)

Notice and Right to Cure. Tenant agrees to provide Agent Lender with a copy of each notice of default given to Landlord under the Lease, Lease at the same time as such notice of default is given to the Landlord, and that, in . In the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease Lease: (a) if the default is not curable by Agent Lender (so long as the default does not interfere with Tenant's ’s use and occupation occupancy of the Premises), or (b) if the default is curable by AgentLender, unless the default remains uncured for a period of thirty sixty (3060) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's ’s address, and to Agent Lender at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty sixty (3060) day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage), if Agent Lender gives Tenant written notice within such thirty sixty (3060) day period of Agent's Lender’s election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and forecloseforeclosure) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided aboveNotwithstanding the foregoing, Agent Lender shall have no obligation to cure any default under the Lease.

Appears in 1 contract

Samples: Office Lease (Salix Pharmaceuticals LTD)

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Notice and Right to Cure. Tenant agrees agrees, until the Mortgage is released by Lender, to provide Agent Lender with a copy of each notice of default given to Landlord under the Lease, Lease at the same time as such notice of default is given to the Landlord, and that, in . In the event of any default by the Landlord under the Lease, Tenant will take no action shall not seek to terminate the Lease (a) if or to exercise any rights to setoff or xxxxx Rent or any other remedies, until Lender has received such notice and has been given the opportunity, but without undertaking Landlord’s other obligations under the Lease, to cure the default is within sixty (60) days from receipt of notice. In the event Lender has begun action to cure the default, but not curable by Agent completed the same during the sixty (so long as the default does not interfere with Tenant's use and occupation of the Premises)60) day period, or (b) if the default is curable by Agent, unless the default remains uncured for Tenant agrees that Lender shall have a reasonable period of thirty (30) days after written notice thereof shall have been given, postage prepaid, time thereafter to Landlord at Landlord's address, and to Agent at do so. If the address provided in Section 7 below; PROVIDED, HOWEVER, that if any such default is such that it reasonably cannot practically be cured within such thirty (30) day periodby Lender without taking possession of the Premises, such period Tenant agrees that any right it may have to terminate the Lease or to setoff or xxxxx any Rent, shall be extended suspended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time so long as Lender is diligently proceeding to obtain acquire possession of the Property and Premises, by foreclosure or is otherwise undertaking to foreclose the Mortgage), if Agent gives Tenant written notice within such thirty (30) day period of Agent's election to undertake the cure of the default and if curative action (includingof Landlord. Notwithstanding the foregoing, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent Lender shall have no obligation to cure any default under the Lease.

Appears in 1 contract

Samples: Lease (Ensign Group, Inc)

Notice and Right to Cure. Tenant agrees to provide Agent Lender with a copy of each notice of default given to Landlord under the Lease, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default is not curable by Agent Lender (so long as the default does not interfere with Tenant's ’s use and occupation of the Premises), or (b) if the default is curable by AgentLender, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's ’s address, and to Agent Lender at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage), if Agent Lender gives Tenant written notice within such thirty (30) day period of Agent's Lender’s election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent Lender shall have no obligation to cure any default under the Lease.

Appears in 1 contract

Samples: Lease Agreement (LogMeIn, Inc.)

Notice and Right to Cure. Tenant agrees to provide Agent with a copy of each notice of default given to Landlord under the Lease, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default is not curable by Agent Lender (so long as the default does not interfere with Tenant's ’s use and occupation of the Premises), or (b) if the default is curable by AgentAgent or Lenders, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's ’s address, and to Agent at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time (not to exceed 120 days) as shall be reasonably necessary (including, without limitationlitigation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage, if necessary to effectuate a cure), if Agent gives Tenant written notice within such thirty (30) day period of Agent's Lender’s election to undertake the cure of the default and if curative action (including, without limitationimitation, action to obtain possession and foreclose) is instituted within a reasonable such thirty-day period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent and Lenders shall have no obligation to cure any default under the Lease, except to the extent provided in paragraph 4 above.

Appears in 1 contract

Samples: Office Lease (Oscient Pharmaceuticals Corp)

Notice and Right to Cure. Tenant agrees to provide Agent with a copy of each notice of default given to Landlord under the Lease, at the same time as such notice of default is given to the Landlord, and that, that in the event of any default by the Landlord under the Lease, Tenant will take no action to terminate the Lease (a) if the default is not curable by Agent (so long as the default does not interfere with Tenant's ’s use and occupation of the Premises), or (b) if the default is curable by Agent, unless the default remains uncured for a period of thirty (30) days after written notice thereof shall have been given, postage prepaid, to Landlord at Landlord's address, and to Agent at the address provided in Section 7 below; PROVIDEDprovided, HOWEVERhowever, that if any such default is such that it reasonably cannot be cured within such thirty (30) day period, such period shall be extended for such additional period of time as shall be reasonably necessary (including, without limitation, a reasonable period of time to obtain possession of the Property and to foreclose the Mortgage), if Agent gives Tenant written notice within such thirty (30) day period of Agent's ’s election to undertake the cure of the default and if curative action (including, without limitation, action to obtain possession and foreclose) is instituted within a reasonable period of time and is thereafter diligently pursued. Unless Agent has provided Tenant with such written notice of Agent's election to undertake a cure of a default as provided above, Agent shall have no obligation to cure any default under the Lease. Provided, however, nothing in this Section 6 shall derogate from Tenant’s self-help rights as set forth in (i) Section 3.2(B) of the Lease in connection with Landlord’s Work (as such term is defined in the Lease).

Appears in 1 contract

Samples: Office Lease (Avid Technology, Inc.)

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