Notice; Right to Cure Sample Clauses

Notice; Right to Cure. Developer shall only be deemed in default of this Agreement upon:
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Notice; Right to Cure. In the event of any investigation, litigation, ---------------------- action or proceeding that might reasonably be expected to give rise to a claim for indemnification to an Indemnitee under this Paragraph 9, such Indemnitee shall give, or shall cause to be given by such Indemnitee, written notice to the Indemnitor of the commencement of such investigation, litigation, action or proceeding; provided, however, that the failure or delay of such Indemnitee to -------- ------- give, or cause to be given, such notice shall not relieve such Indemnitor of its obligation under this Paragraph 9, except to the extent that such Indemnitor actually suffers damages solely as a result of such failure or delay. Neither party shall be entitled to indemnification hereunder with respect to any claim if the Indemnitor, within 45 days after receipt of notice from the Indemnitee, cures or corrects the set of facts which form the basis of the claim.
Notice; Right to Cure. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying the nature of Landlord's failure to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter shall diligently prosecute the same to completion. All rights to cure provided to Landlord under
Notice; Right to Cure. Landlord shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying the nature of Landlord's failure to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, then Landlord shall not be deemed to be in default if it shall commence such performance within such thirty (30) day period and thereafter shall diligently prosecute the same to completion. All rights to cure provided to Landlord under this Section 22.2 shall also be accorded to any mortgagee, ground lessor or beneficiary under a deed of trust encumbering the Building or the Project. No default by Landlord shall permit Tenant to terminate this Lease except in the sole event that Tenant is unable either to access or to use the Premises and exercise all of Tenant's rights and privileges granted hereunder as permitted in this Lease by reason of Landlord's actions or by reason of the illegality of such use under the then existing circumstances.
Notice; Right to Cure. As used in this Agreement, the word “default” shall mean that a party hereto has breached this Agreement; and such party has failed to cure same within thirty (30) days after receipt of written notice from the other party specifying the nature of the alleged default. No default shall become actionable until the expiration of the aforesaid cure period with the default unremedied.
Notice; Right to Cure. Upon the occurrence of an event of default (including default under Sections 5.1 or 5.2 above), the County shall give the Owner written notice specifying the default. The County shall be entitled to pursue any and all remedies available to the County as a result of the event of default if Owner has not cured the default within the following periods:

Related to Notice; Right to Cure

  • Right to Cure (a) Notwithstanding anything to the contrary contained in Section 11.3(a), in the event that the Borrower fails to comply with the requirement of the covenant set forth in Section 10.9, until the expiration of the fifteenth Business Day after the date on which Section 9.1 Financials with respect to the Test Period in which the covenant set forth in such Section is being measured are required to be delivered pursuant to Section 9.1 (the “Cure Period”), Holdings or any other Person shall have the right to make a direct or indirect equity investment (in the form of cash common equity or otherwise in a form reasonably acceptable to the Administrative Agent) in the Borrower (the “Cure Right”), and upon receipt by the Borrower of the net cash proceeds pursuant to the exercise of the Cure Right (including through the capital contribution of any such net cash proceeds to the Borrower, the “Cure Amount”), the covenant set forth in such Section shall be recalculated, giving effect to the pro forma increase to Consolidated EBITDA for such Test Period in an amount equal to such Cure Amount; provided that (i) such pro forma adjustment to Consolidated EBITDA shall be given solely for the purpose of calculating the covenant set forth in such Section with respect to any Test Period that includes the fiscal quarter for which such Cure Right was exercised and not for any other purpose under any Credit Document, (ii) unless actually applied to Indebtedness, there shall be no pro forma reduction in Indebtedness with the proceeds of any Cure Right for determining compliance with Section 10.9 for the fiscal quarter in respect of which such Cure Right is exercised (either directly through prepayment or indirectly as a result of the netting of Unrestricted Cash for purposes of the definitions of Consolidated Total Debt) and (iii) subject to clause (ii), no other adjustment under any other financial definition shall be made as a result of the exercise of any Cure Right.

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