Notice of Default; Right to Cure. Tenant agrees to give Lender prompt written notice of any known default by Landlord under the Lease. Tenant agrees that, before Tenant exercises any of its rights or remedies under the Lease, Lender shall have the right, but not the obligation, to cure the default within the same time given Landlord in the lease to cure the default, plus an additional thirty (30) days. Tenant agrees that the cure period shall be extended by the time reasonably necessary for Lender to commence foreclosure proceedings and to obtain possession of the Mortgage Premises, provided that this sentence shall not apply if the breach or default by Landlord poses an immediate threat to the health, safety or welfare of Tenant’s employees, customers or invitees at the Leased Premises, provided further that:
(a) Lender shall notify Tenant of Lender’s intent to effect its remedy within thirty (30) days after receipt of Tenant’s notice;
(b) Lender initiates immediate steps to foreclose on or to recover possession of the Mortgage Premises;
(c) Lender initiates legal proceedings to appoint a receiver for the Mortgage Premises or to foreclose on or recover possession of the Mortgage Premises within the thirty (30) day period; and
(d) Lender prosecutes such proceedings and remedies with due diligence and continuity to completion. Tenant also agrees to its use its commercially reasonable efforts to give Lender notice of any casualty damage to the Mortgage Premises, but Tenant’s failure to provide such notice shall not be a default under this Agreement.
Notice of Default; Right to Cure. Tenant agrees to give written notice of any default by Landlord to the holder of any prior Encumbrance or Underlying Lease. Tenant agrees that, before it exercises any rights or remedies under the Lease, the lien-holder or lessor shall have the right, but not the obligation, to cure the default within the same time, if any, given to Landlord to cure the default, plus an additional thirty (30) days. Tenant agrees that this cure period shall be extended by the time necessary for the lien-holder to begin foreclosure proceedings and to obtain possession of the Building or Project, as applicable.
Notice of Default; Right to Cure. In the event buyer fails to make timely payments or otherwise violates terms and conditions of the Lease constituting a default of Lease or this Option to Purchase agreement, Seller shall give Buyer written notice of the default and Buyer shall have ten (10) days after said written notice to cure the default. Failure to cure the default after written notice shall cause this Option to become null and void.
Notice of Default; Right to Cure. Xxxxxx agrees to give written notice of any default by Lessor to the Holder of any Superior Interest, provided that such Holder has notified Lessee of its desire to receive notices of default or breach. Each such notice shall specify in detail the alleged breach or default. Xxxxxx agrees that, before it exercises any rights or remedies under the Lease, the lienholder shall have the right, but not the obligation, to cure the default within the same time, if any, given to Lessor to cure the default, plus an additional thirty (30) days. Xxxxxx agrees that this cure period shall be extended by the time necessary for the lienholder to begin foreclosure proceedings and to obtain possession of the Property or Premises, as applicable.
Notice of Default; Right to Cure. Tenant agrees to give written notice of any default by Landlord to the holder of any prior Encumbrance or Underlying Lease. Tenant agrees that, before it exercises any rights or remedies under the Lease, the lienholder or lessor shall have the right, but not the obligation, to cure the default (either by itself or by a receiver for the Real Property) within the same time, if any, given to Landlord to cure the default, plus an additional thirty (30) days, except that (i) only ten (10) days shall be permitted in the case of a default in the payment of money from Landlord to Tenant; and (ii) in the event of an emergency, the lienholder or lessor shall be required to commence a cure as soon as is reasonably possible, and in the event the lender or lienholder fails to do so, Tenant shall have the right to cure to avoid the risk of in jury to persons, significant damage to property, or material interference with Tenant's operation of its business. Tenant agrees that this cure period shall be extended by the time necessary for the lienholder to begin foreclosure proceedings and to obtain possession of the Building or Real Property, as applicable, as long as the lienholder:
(a) Notifies Tenant, within twenty (20) days after receipt of Tenant's notice, of the lienholder's intention to effect this remedy; and
(b) Institutes immediate steps to effect this remedy or institutes immediate legal proceedings to appoint a receiver for the Real Property or to foreclose on or recover possession of the Real Property within the thirty-day (30-day) or
Notice of Default; Right to Cure. Tenant agrees to give written notice of any default by Landlord to the holder of any prior Encumbrance or Underlying Lease provided Tenant has received a written request giving the name and address of such holder. Tenant agrees that, before it exercises any rights or remedies under the Lease, the lien-holder or lessor shall have the right, but not the obligation, to cure the default within the same time, if any, given to Landlord to cure the default plus an additional ten (10) days.
Notice of Default; Right to Cure. Landlord shall not have the right to declare this Lease terminated by reason of Tenant’s default unless it gives Tenant fifteen (15) days written notice of any default not pertaining to a payment provision, and Tenant fails to fully cures all defaults in said fifteen (15) day period. However, no notice shall be necessary in the case of a default in payment of any Base Rent or Additional Rent or other payment required hereunder for more than fifteen (15) days after the due date. In the event of a default hereunder entitling the Landlord to terminate this Lease, Tenant shall remain liable to Landlord for the Base Rent, Tax Rent and CAM, as such amounts become due and payable for the unexpired term of this Lease. Landlord agrees that it take reasonable steps to mitigate Tenant's damages.
Notice of Default; Right to Cure. A. Should ESRI fail to perform (default) under the terms of this Agreement, then the County shall provide written notice to ESRI, which such notice shall include a timeframe of no fewer than five (5) consecutive calendar days in which to cure the default. Failure by ESRI to cure the default, or take acceptable corrective action within the timeframe provided in the notice of default (or any such amount of time as mutually agreed to by the parties in writing), shall constitute cause for termination of this Agreement.
B. It is expressly noted that, should the County issue more than one notice of default to ESRI during the term of this Agreement, such action shall constitute cause for termination of this Agreement.
C. Consistent with other provisions in this Agreement, ESRI shall be paid for Services authorized and due under this Agreement signed between the parties. If the County terminates because of a ESRI breach, ESRI will refund any unused and prepaid fees. If the County terminates without cause, ESRI will not refund any prepaid fees.
D. Upon receipt of notice of termination, except as otherwise directed by the County in writing, ESRI shall:
1. Stop work on the date to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.
3. This not a works for hire arrangement. Customer is not receiving any work product from ESRI.
4. Continue and complete all parts of the work that have not been terminated.
Notice of Default; Right to Cure. The Pharmhouse Entities hereby agree that in the event that they default in the performance of any obligation under the remaining seventeen (17) leases acquired by the Pharmhouse Entities, the Pharmhouse Entities will promptly notify Woolworth of any default in which case Woolworth shall have the right to cure said default pursuant to the terms and conditions of the respective lease. Following Woolworth's cure of such default, which shall occur only following 3 business days notice to Pharmhouse of its intent to cure the Pharmhouse Entities' default, the Pharmhouse Entities may reimburse Woolworth for the amounts paid to the landlord on account of the cure, and the Pharmhouse Entities' right to occupancy of the premises shall be unaffected. In the event the Pharmhouse Entities fail to reimburse Woolworth within ten (10) days of a demand, the Pharmhouse Entities shall immediately, upon demand, reassign such lease to Woolworth and vacate and surrender possession of the premises attributable to such lease to Woolworth
Notice of Default; Right to Cure. A. Should Carrier fail to perform (default) under the terms of this Agreement, then the County shall provide written notice to Carrier, which such notice shall include a timeframe of no fewer than five (5) consecutive calendar days in which to cure the default. Failure by Carrier to cure the default, or take acceptable corrective action within the timeframe provided in the notice of default (or any such amount of time as mutually agreed to by the parties in writing), shall constitute cause for termination of this Agreement.
B. It is expressly noted that, should the County issue more than one notice of default to Carrier during the term of this Agreement, such action shall constitute cause for termination of this Agreement.
C. Consistent with other provisions in this Agreement, Carrier shall be paid for Services authorized and due under this Agreement signed between the parties. The Quote Form is provided on an annual basis. If the County terminates because of a Carrier breach, Carrier will refund any unused and prepaid fees. If the County terminates without cause, Carrier will not refund any prepaid fees.
D. Upon receipt of notice of termination, except as otherwise directed by the County in writing, Carrier shall:
1. Stop work on the date to the extent specified.
2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work.
3. This not a works for hire arrangement. Customer is not receiving any work product from Carrier.
4. Continue and complete all parts of the work that have not been terminated.
