Common use of NOTICE OF DEFAULT TO LANDLORD AND MORTGAGEE AND RIGHT TO CURE Clause in Contracts

NOTICE OF DEFAULT TO LANDLORD AND MORTGAGEE AND RIGHT TO CURE. Tenant shall give, by registered mail, a written notice of any failure by Landlord to perform any of its obligations under this Lease to Landlord which shall specifically set forth the nature of the nonperformance by the Landlord and shall give the Landlord thirty (30) days within which to cure such default or non-performance. However, if such default or non-performance reasonably requires more than thirty (30) days to cure, Landlord shall not be in default if such cure is commenced within such thirty (30) day period and thereafter diligently pursued to completion. Said notice of default shall be a condition precedent to the institution by Tenant of any judicial proceedings for nonperformance or default against the Landlord. Tenant agrees to give any mortgagee and/or Trust Deed Holders whose name and address have been furnished to Tenant in writing, by registered mail, a copy of any notice of default served upon the Landlord. Tenant further agrees that if Landlord shall fail to cure such default within the time provided for in this Lease Agreement, then the mortgagees and/or Trust Deed Holders shall have an additional thirty (30) days within which to cure such default or, if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days, any mortgagee and/or Trust Deed Holders has commenced and is diligently pursuing the remedies necessary to cure such default, in which event this Lease shall not be terminated while such remedies are being so diligently pursued.

Appears in 3 contracts

Samples: Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc)

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NOTICE OF DEFAULT TO LANDLORD AND MORTGAGEE AND RIGHT TO CURE. If Landlord shall fail to perform any covenant, term or condition of this Agreement required to be performed by Landlord, Tenant shall give, by registered certified mail, a written notice of any failure by Landlord default to perform any of its obligations under this Lease to Landlord the Landlord, which shall specifically set forth the nature of the nonperformance by the Landlord and shall give the Landlord thirty (30) days within which to cure such default or non-performance. However, if such default or non-performance reasonably requires more than thirty (30) days to cure, Landlord shall not be in default if such cure is commenced within such thirty (30) day period and thereafter diligently pursued to completionnonperformance. Said notice of default shall be a condition precedent to the institution by Tenant of any judicial proceedings for nonperformance or default against the Landlord. Tenant agrees to give any mortgagee and/or Trust Deed Holders whose name and address have been furnished to Tenant in writingHolders, by registered certified mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice, Tenant has been notified, in writing, of the address of such mortgagees and/or Trust Deed Holders. Tenant further agrees that if Landlord shall fail to cure such default within the time provided for in this Lease Agreement, then the mortgagees and/or Trust Deed Holders shall have an additional thirty (30) days within which to cure such default or, if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days, any mortgagee and/or Trust Deed Holders has commenced and is diligently pursuing the remedies necessary to cure such defaultdefault (including but not limited to commencement of foreclosure proceedings, if necessary to effect such cure), in which event this Lease shall not be terminated while such remedies are being so diligently pursued.. Initials: [ /s/ ] [ /s/ ] Landlord Tenant

Appears in 2 contracts

Samples: Office Lease Agreement (Bay National Corp), Office Lease Agreement (Bay National Corp)

NOTICE OF DEFAULT TO LANDLORD AND MORTGAGEE AND RIGHT TO CURE. If Landlord shall fail to perform any covenant, term or condition of this Agreement required to be performed by Landlord, Tenant shall give, by registered certified mail, a written notice of any failure by Landlord default to perform any of its obligations under this Lease to Landlord the Landlord, which shall specifically set forth the nature of the nonperformance by the Landlord and shall give the Landlord thirty (30) days within which to cure such default or non-performance. However, if such default or non-performance reasonably requires more than thirty (30) days to cure, Landlord shall not be in default if such cure is commenced within such thirty (30) day period and thereafter diligently pursued to completionnonperformance. Said notice of default shall be a condition precedent to the institution by Tenant of any judicial proceedings for nonperformance or default against the Landlord. Tenant agrees to give any mortgagee and/or Trust Deed Holders whose name and address have been furnished to Tenant in writingHolders, by registered certified mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice, Tenant has been notified, in writing, of the address of such mortgagees and/or Trust Deed Holders. Tenant further agrees that if Landlord shall fail to cure such default within the time provided for in this Lease Agreement, then the mortgagees and/or Trust Deed Holders shall have an additional thirty (30) days within which to cure such default or, if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days, any mortgagee and/or Trust Deed Holders has commenced and is diligently pursuing the remedies necessary to cure such defaultdefault (including but not limited to commencement of foreclosure proceedings, if necessary to effect such cure), in which event this Lease shall not be terminated while such remedies are being so diligently pursued.

Appears in 2 contracts

Samples: Office Lease Agreement (Alkane, Inc.), Lease Agreement (Manchester Technologies Inc)

NOTICE OF DEFAULT TO LANDLORD AND MORTGAGEE AND RIGHT TO CURE. If Landlord shall fail to perform any covenant, term or condition of this Lease required to be performed by Landlord, Tenant shall give, by registered mail, a give written notice of any failure by Landlord default to perform any of its obligations under this Lease to Landlord the Landlord, which shall specifically set forth the nature of the nonperformance non-performance by the Landlord and shall give the Landlord thirty (30) days after written notice thereof within which to cure such default or non-performance. However, if except in the case of an emergency in which case such default or non-shorter time as warranted by the particular circumstances, unless such performance shall reasonably requires more than thirty (30) days to curerequire a longer period, in which case Landlord shall not be deemed to be in default if Landlord commences the required performance promptly thereafter and pursues and completes such cure is commenced within such thirty (30) day period actions diligently and thereafter diligently pursued to completionexpeditiously. Said notice of default shall be a condition precedent to the institution by Tenant of any judicial proceedings for nonperformance non-performance or default against the Landlord. Tenant agrees to give any mortgagee and/or Trust Deed Holders whose name and address have been furnished to Mortgagee (for which Tenant in writinghas received notice thereof), by registered mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice, Tenant has been notified, in writing, of the address of such Mortgagee. No waiver by Tenant of any breach of this Lease shall constitute a waiver of any other violation or breach of any of the terms hereof. Forbearance by Tenant to enforce one or more of the remedies available to Tenant upon a breach hereof by Landlord shall not constitute a waiver of any other breach by Landlord of this Lease. Tenant further agrees that if Landlord shall fail to cure such default within the time provided for in this Lease Agreement, then the mortgagees and/or Trust Deed Holders Mortgagee or lender shall have an additional thirty (30) days within after the Mortgagee’s or lender’s receipt of notice of Landlord’s default in which to cure such default or, if such default cannot be cured within that time, time then such additional time as may be necessary (not to exceed ninety (90) days, if within such thirty (30) days, any mortgagee and/or Trust Deed Holders days a Mortgagee or lender has commenced and is diligently pursuing the remedies necessary to cure such defaultdefault (including, in which event this Lease shall but not be terminated while limited to, commencement of foreclosure proceedings, if necessary to effect such remedies are being so diligently pursuedcure).

Appears in 1 contract

Samples: Lease Agreement (Commonwealth Biotechnologies Inc)

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NOTICE OF DEFAULT TO LANDLORD AND MORTGAGEE AND RIGHT TO CURE. If Landlord shall fail to perform any covenant, term or condition of this Agreement required to be performed by Landlord, Tenant shall give, by registered certified mail, a written notice of any failure by Landlord default to perform any of its obligations under this Lease to Landlord the Landlord, which shall specifically set forth the nature of the nonperformance by the Landlord and shall give the Landlord thirty (30) days within which to cure such default or non-performance. However, if such default or non-performance reasonably requires more than thirty (30) days to cure, Landlord shall not be in default if such cure is commenced within such thirty (30) day period and thereafter diligently pursued to completionnonperformance. Said notice of default shall be a condition precedent to the institution by Tenant of any judicial proceedings for nonperformance or default against the Landlord. Tenant agrees to give any mortgagee and/or Trust Deed Holders whose name and address have been furnished to Tenant in writingtrust deed holder, by registered certified mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice Tenant has been notified, in writing, of the address of such mortgagees and/or trust deed holder (by way of Notice of Assignment of Rents and Leases or otherwise). Tenant further agrees that if Landlord shall fail to cure such default within the time provided for in this Lease Agreement, then the mortgagees and/or Trust Deed Holders trust deed holder shall have an additional thirty (30) days within which to cure such default or, or if such default cannot be cured within that time, then such additional time as may reasonably be necessary if within such thirty (30) days, any mortgagee mortgage and/or Trust Deed Holders trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such defaultdefault (including but not limited to commencement of foreclosure proceedings, if necessary to effect such cure), in which event this Lease shall not be terminated while such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Service Lease Agreement (Telecommunication Systems Inc /Fa/)

NOTICE OF DEFAULT TO LANDLORD AND MORTGAGEE AND RIGHT TO CURE. If Landlord shall fail to perform any covenant, term or condition of this Lease required to be performed by Landlord, Tenant shall give, by registered mail, a written notice of any failure by Landlord default to perform any of its obligations under this Lease to Landlord the Landlord, which shall specifically set forth the nature of the nonperformance non-performance by the Landlord and shall give the Landlord thirty (30) days within which to cure such default or non-performance. However, if such default or non-performance reasonably requires more than thirty (30) days to cure, Landlord shall not be in default if such cure is commenced within such thirty (30) day period and thereafter diligently pursued to completion. Said notice of default shall be a condition precedent to the institution by Tenant of any judicial proceedings for nonperformance non-performance or default against the Landlord. Tenant agrees to give any mortgagee and/or Trust Deed Holders whose name and address have been furnished to Tenant in writingMortgagee, by registered mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice, Tenant has been notified, in writing, of the address of such Mortgagee. Tenant further agrees that if Landlord shall fail to cure such default within the time provided for in this Lease AgreementLease, then the mortgagees and/or Trust Deed Holders Mortgagee shall have an additional thirty (30) days within in which to cure such default or, if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days, any mortgagee and/or Trust Deed Holders a Mortgagee has commenced and is diligently pursuing the remedies necessary to cure such defaultdefault (including, but not limited to commencement of foreclosure proceedings, if necessary to effect such cure), and in which any event within not more than seventy-five (75) days (except in the event of foreclosure proceedings), and this Lease shall not be terminated while such remedies are being so diligently pursued.

Appears in 1 contract

Samples: Crestpointe Corporate Center Standard Office Lease Agreement (Costar Group Inc)

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