Common use of Notice of Default by Lessor Clause in Contracts

Notice of Default by Lessor. Tenant, as lessee under the Lease, hereby covenants and agrees to give Lender written notice properly specifying wherein the lessor under the Lease has failed to perform any of the covenants or obligations of the lessor under the Lease simultaneously with the giving of any notice of such default to the lessor under the provisions of the Lease. Tenant agrees that Lender shall have the right, but not the obligation, within thirty (30) days after receipt by Lender of such notice (or, with respect to non-monetary defaults only, within such additional time as is reasonably required to correct any such default) to correct or remedy, or cause to be corrected or remedied, each such default before the lessee under the Lease may take any action under the Lease by reason of such default; provided however, in no event shall such time extend for more than sixty (60) days after Tenant provides such notice to Lender, except if Lender has commenced to cure any such non-monetary default under the Lease (which shall in no event include foreclosure or exercise of other remedies available under the Security Deed) within thirty (30) days after such written notice to Lender and is diligently proceeding to cure such default and such non-monetary default cannot be cured within sixty (60) days despite such diligent efforts to cure on the part of Lender, in which event such time period may be extended for an additional period of not more than thirty (30) days. Such notices to Lender shall be delivered in duplicate in writing by registered or certified mail, return receipt requested, or by depositing the same with an overnight commercial courier (such as Federal Express) or by hand delivery to: ________________________ ________________________ ________________________ Attention:______________ or to such other address as the Lender shall have designated to Tenant by giving written notice to Tenant, prior to the Term Commencement Date at: ________________________ ________________________ ________________________ Attention:______________ after the Term Commencement Date at: ________________________ ________________________ ________________________ Attention:______________ or to such other address as may be designated by written notice from Tenant to Lender.

Notice of Default by Lessor. Tenant, as lessee under the Lease, --------------------------- hereby covenants and agrees to give Lender written notice properly specifying wherein the lessor under the Lease has failed to perform any of the covenants or obligations of the lessor under the Lease Lease, simultaneously with the giving of any notice of such default to the lessor under the provisions of the Lease. Tenant agrees that Lender shall have the right, but not the obligation, within the time period specified in the Lease (but in no event less than thirty (30) days after receipt days) for cure by Lender of such notice Landlord (or, with respect to non-monetary defaults only, or within such additional time as is reasonably required to correct cure any such default, provided Lender shall be diligently prosecuting the same) to correct or remedy, or cause to be corrected or remedied, each such default before the lessee under the Lease Tenant may take any action under the Lease by reason of such default; provided however, in no event shall such time extend for more than sixty (60) days after Tenant provides such notice to Lender, except if Lender has commenced to cure any such non-monetary default under the Lease (which shall in no event include foreclosure or exercise of other remedies available under the Security Deed) within thirty (30) days after such written notice to Lender and is diligently proceeding to cure such default and such non-monetary default cannot be cured within sixty (60) days despite such diligent efforts to cure on the part of Lender, in which event such time period may be extended for an additional period of not more than thirty (30) days. Such notices to Lender shall be delivered in duplicate in writing to: The First National Bank of Boston 000 Xxxxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Attn: Real Estate Division with a copy to: Goulston & Storrs 000 Xxxxxxxx Xxxxxx Xxxxxx, XX 00000 Attn: First National Bank of Boston or to such other address as the Lender shall have designated to Tenant by registered or certified mailgiving written notice to Tenant at ________________________________________, return receipt requested, or by depositing the same with an overnight commercial courier (such as Federal Express) or by hand delivery toAttention: ________________________ ________________________ ________________________ Attention:______________ or , with a copy to such other address as the Lender shall have designated to Tenant by giving written notice to TenantXxxxxxx X. Xxxxxx, prior to the Term Commencement Date at: ________________________ ________________________ ________________________ Attention:______________ after the Term Commencement Date at: ________________________ ________________________ ________________________ Attention:______________ Esq., Xxxxxxxx, Xxxxxxx & Xxxxxxx, 000 Xxxxxxx Xxxxxx, Xxxxxx, XX 00000, or to such other address as may be designated by written notice from Tenant to Lender.

Notice of Default by Lessor. Tenant, as lessee Lessee under the Lease, hereby covenants and agrees to give Lender written notice properly specifying wherein the lessor Lessor under the Lease has failed to perform any of the covenants or obligations of the lessor Lessor under the Lease simultaneously with the giving of any notice of such default to the lessor Lessor under the provisions of the Lease. Tenant agrees that Lender shall have the right, but not the obligation, within thirty (30) days after receipt by Lender of such notice (or, with respect to non-monetary defaults only, within such additional time as is reasonably required to correct any such default) to correct or remedy, or cause to be corrected or remedied, each such default before the lessee Lessee under the Lease may take any action under the Lease by reason of such default; provided provided, however, in no event shall such time extend for more than sixty (60) days after Tenant provides such notice to Lender, except if Lender has commenced to cure any such non-monetary default under the Lease (which shall in no event include foreclosure or exercise of other remedies available under the Security DeedMortgage) within thirty (30) days after such written notice to Lender and is diligently proceeding to cure such default and such non-monetary default cannot be cured within sixty (60) days despite such diligent efforts to cure on the part of Lender, in which event such time period may be extended for an such additional period as may be necessary to complete the curing of such non-monetary default with diligence and continuity; and provided further such cure period shall not more than thirty affect the right of Tenant to terminate the lease (30i) daysunder Section 2.4 of the Lease ("Early Termination Opinion"), (ii) under Paragraph 3.2 of the Lease if the Leased Premises are not deemed ready for occupancy by the "Outside Delivery Date" (as defined therein) or (iii) in the event Lender has delivered to Tenant an Opt-Out Construction Notice pursuant to Paragraph 4 above. Such notices to Lender shall be delivered in duplicate in writing by registered or certified mail, return receipt requested, or by depositing the same with an overnight commercial courier (such as Federal Express) or by hand delivery to: ________________________ ________________________ ________________________ Wellx Xxxgo Bank, National Association 121 Xxxx Xxxxxx, 0xx Xxxxx Xxxxxx, XX 00000 Attention:______________ : Kimbxxxx X Xxxx Xxth copy to: Wellx Xxxgo Bank, National Association Real Estate Group 420 Xxxxxxxxxx Xxxxxx, Sixth Floor San Francisco, California 94111 Attention: Chief Credit Officer - Real Estate Group and Wellx Xxxgo Bank, National Association Real Estate Group Suitx 000 0000 X Xxxxxx, X.X. Xxxxxxxxxx, X.X. 00000 Attention: Manager, Loan Administration Department or to such other address as the Lender shall have designated to Tenant by giving written notice to Tenant, prior to the Term Commencement Date Tenant at: ________________________ ________________________ ________________________ Attention:______________ after the Term Commencement Date atRSA Security, Inc. 20 Cxxxxx Xxxxx Bedford, Massachusetts 01730 With copy to: ________________________ ________________________ ________________________ Attention:______________ or Robexx Xxxxxxxx, Xxq. Hall & Dorr XXX 60 Sxxxx Xxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 xx to such other address as may be designated by written notice from Tenant to Lender.

Notice of Default by Lessor. Tenant, as lessee under the Lease, hereby covenants and agrees to give Lender written notice properly specifying wherein the lessor under the Lease has failed to perform any of the covenants or obligations of the lessor under the Lease simultaneously with the giving of any notice of such default to the lessor under the provisions of the Lease. Tenant agrees that Lender shall have the right, but not the obligation, within thirty (30) days after receipt by Lender of such notice (or, with respect to non-monetary defaults only, within such additional time as is reasonably required to correct any such default) to correct or remedy, or cause to be corrected or remedied, each such default before the lessee under the Lease may take any action under the Lease by reason of such default; provided however, in no event shall such time extend for more than sixty thirty (6030) days after Tenant provides such notice to Lender, except if Lender has commenced to cure any such non-monetary default under the Lease (which shall in no event include foreclosure or exercise of other remedies available under the Security DeedMortgage) within thirty (30) days after such written notice to Lender and is diligently proceeding to cure such default and such non-monetary default cannot be cured within sixty thirty (6030) days despite such diligent efforts to cure on the part of Lender, in which event such time period may be extended for an additional period of not more than thirty sixty (3060) days. Such notices to Lender shall be delivered in duplicate in writing by registered or certified mail, return receipt requested, or by depositing the same with an overnight commercial courier (such as Federal Express) or by hand delivery delivery, to Lender to: ________________________ ________________________ ________________________ -------------------------------------------- -------------------------------------------- -------------------------------------------- Attention:______________ : ---------------------------------- With a copy to -------------------------------------------- -------------------------------------------- -------------------------------------------- Attention: ---------------------------------- or to such other address as the Lender shall have designated to Tenant by giving written notice to Tenant, to Tenant, prior to the Term Commencement Date at: ________________________ ________________________ ________________________ Attention:______________ after the Term Commencement Date at: ________________________ ________________________ ________________________ Attention:______________ or to such other address as may be designated by written notice from Tenant to Lender.Netscout Systems, Inc. --------------------------------------------