Common use of Right of Landlord to Cure Defaults Clause in Contracts

Right of Landlord to Cure Defaults. If Tenant shall default in the ----------------------------------- observance or performance of any term or covenant on its part to be observed or performed under or by virtue of any of the terms and provisions in any section of this Lease, or if Tenant shall fail to pay any sum of money (other than Rent or other charges) required to be paid by Tenant hereunder, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations to make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease, remedy such default for the account and at the expense of Tenant, immediately and without notice in case of emergency, or in any other case only upon Tenant's failure to remedy such default within ten (10) days after Landlord shall have notified Tenant in writing of such default. If Landlord makes any expenditures or incurs any obligations for the payment of money in connection with Tenant's default including, but not limited to, attorneys' fees, in instituting, prosecuting or defending any action or proceeding, Tenant shall pay to Landlord as Additional Rent such sums paid or obligations incurred, with interest. Landlord shall have, in addition to any other right or remedy, the same rights and remedies in the event of the nonpayment of sums due under this Section as in the case of default by Tenant in the payment of Rent or Additional Rent.

Appears in 1 contract

Samples: Redmond Corporate (Cacheflow Inc)

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Right of Landlord to Cure Defaults. If Tenant shall default in the ----------------------------------- observance or performance of any term or covenant on its part to be observed or performed under or by virtue of any of the terms and provisions in any section of this Lease, or if Tenant shall fail to pay any sum of money (money, other than Rent or other charges) required to be paid by Tenant hereunderhereunder (including, without limitation, Tenant's obligations under Section 8.2), Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations obligation to make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease, remedy such default for the account and at the expense of Tenant, immediately and without notice in case of emergency, or in any other case only upon Tenant's failure to remedy such default within ten (10) days after Landlord shall have notified Tenant in writing notice and expiration of such defaultany applicable cure period. If Landlord makes any expenditures or incurs any obligations for the payment of money in connection with Tenant's default including, but not limited to, attorneys' fees, in instituting, prosecuting or defending any action or proceeding, Tenant shall pay to Landlord as Additional Rent such sums paid or obligations incurred, with interestcosts and interest at the rate of 12% per year or the maximum rate permitted by law, whichever is lower. In any event, Landlord shall have, have (in addition to any other right or remedy, remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section section as in the case of default by Tenant in the payment of Rent or Additional Rent.

Appears in 1 contract

Samples: Supplemental Agreement (Caribou Coffee Company, Inc.)

Right of Landlord to Cure Defaults. If Tenant shall default in the ----------------------------------- observance or performance of any term or covenant on its part to be observed or performed under or by virtue of any of the terms and provisions in any section of this Lease, or if Tenant tenant shall fail to pay any sum of money (other than Rent or other charges) required to be paid by Tenant hereunder, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations to make any such payment or perform any such other act on Tenant's part to be made or performed as provided in this Lease, remedy such default for the account and at the expense of Tenant, immediately and without notice in case of emergency, or in any other case only upon Tenant's failure to remedy such default within ten (10) days after Landlord shall have notified Tenant in writing of such default. If Landlord makes any expenditures or incurs any obligations for the payment of money in connection with Tenant's default including, but not limited to, to attorneys' fees, in instituting, prosecuting or defending any action or proceeding, Tenant shall pay to Landlord as Additional Rent such sums paid or obligations incurred, with interest. Landlord shall have, in addition to any other right or remedy, the same rights and remedies in the event of the nonpayment of sums due under this Section as in the case of default by Tenant in the payment of Rent or Additional Rent.

Appears in 1 contract

Samples: Document Sublease Agreement (Sunhawk Com Corp)

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Right of Landlord to Cure Defaults. If Tenant shall default in the ----------------------------------- observance or performance of any term or covenant on its part to be observed or performed under or by virtue of any of the terms and provisions in any section of this Lease, or if Tenant shall fail to pay any sum of money (money, other than Rent or other charges) required to be paid by Tenant hereunder, Landlord may, but shall not be obligated to, and without waiving or releasing Tenant from any obligations obligation to make any such payment or perform any such other act on Tenant's ’s part to be made or performed as provided in this Lease, remedy such default for the account and at the expense of Tenant, immediately and without notice in case of emergency, or in any other case only upon Tenant's failure to remedy such default within ten (10) days after Landlord shall have notified Tenant in writing notice and expiration of such defaultany applicable cure period. If Landlord makes any expenditures or incurs any obligations for the payment of money in connection with Tenant's ’s default including, but not limited to, attorneys' fees, in instituting, prosecuting or defending any action or proceeding, Tenant shall pay to Landlord as Additional Rent such sums paid or obligations incurred, with interestcosts and interest at the rate of 15% per year or the maximum rate permitted by law, whichever is lower. In any event, Landlord shall have, have (in addition to any other right or remedy, remedy of Landlord) the same rights and remedies in the event of the nonpayment of sums due under this Section section as in the case of default by Tenant in the payment of Rent or Additional Rent.

Appears in 1 contract

Samples: Commercial Lease (Ciprico Inc)

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