Common use of RIGHT TO CURE SUBTENANT'S DEFAULTS Clause in Contracts

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor shall have the right, but not the obligation, after the lesser of five (5) days' notice to Subtenant or the time within which Overlandlord may act on Sublessor's behalf under the Xxxxxxxxx, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor shall deem necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys and other professionals, and incur and pay attorneys' fees and other costs reasonably required in connection therewith. Subtenant shall pay to Sublessor upon demand all sums so paid by Sublessor and all incidental costs and expenses of Sublessor in connection therewith, together with interest thereon at the Interest Rate (as such term is defined in Section 2.01(g) of the Xxxxxxxxx), or the then maximum lawful interest rate, whichever shall be less, from the date of the making of any such expenditures.

Appears in 1 contract

Samples: Cleaning Agreement (American Home Mortgage Holdings Inc)

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RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor shall have the right, but not the obligation, after the lesser of five (5) days' business days notice to Subtenant or the time within which Overlandlord Sublessor may act on Sublessor's behalf under the XxxxxxxxxLease, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor shall deem necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys and other professionalsattorneys, and incur and pay attorneys' fees all attorney’s fees, costs and other costs reasonably required in connection therewithexpenses. Subtenant shall pay to Sublessor upon demand all sums so paid by Sublessor and all incidental costs and expenses of Sublessor in connection therewith, together with interest thereon at the Interest Prime Rate of interest plus two (as such term is defined in Section 2.01(g2) of the Xxxxxxxxx), percent or the then maximum lawful interest rate, whichever shall be lessmore, from the date of the making of any such expenditures. For purposes hereof, “Prime Rate” shall mean the rate announced from time to time by Citibank, N.A. as its prime lending rate.

Appears in 1 contract

Samples: Sublease Agreement (Osiris Therapeutics, Inc.)

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor Sublandlord shall have the right, but not the obligation, after the lesser of five (5) daysBusiness Days' written notice to Subtenant or the time within which the Overlandlord may act on SublessorSublandlord's behalf under the Xxxxxxxxx, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor Sublandlord shall deem necessary, and in exercising any such right, to pay any reasonable incidental costs and expenses, employ attorneys and other professionalsattorneys, and incur and pay reasonable attorneys' fees and other costs reasonably required in connection therewithdisbursements. Subtenant shall pay to Sublessor upon Sublandlord not more than fifteen (15) days from written demand all sums so paid by Sublessor Sublandlord and all necessary reasonable incidental costs and expenses of Sublessor Sublandlord in connection therewith, together with interest thereon at the Interest Rate rate of one and one-half percent (as such term is defined in Section 2.01(g1-1/2%) of the Xxxxxxxxx), per calendar month or any part thereof (or the then maximum lawful interest rate, whichever shall be less), from the date of the making of any such expenditures.

Appears in 1 contract

Samples: Sublease (Dial Global, Inc. /De/)

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor Sublandlord shall have the right, but not the obligation, after the lesser of five (5) days' notice to Subtenant or the time within which Overlandlord Master Landlord may act on SublessorSublandlord's behalf under the XxxxxxxxxMaster Lease, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor Sublandlord shall deem reasonably necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys and other professionals, and incur and pay attorneys' fees and other costs reasonably required in connection therewith. Subtenant shall pay to Sublessor Sublandlord upon demand all sums so paid by Sublessor Sublandlord and all incidental costs and expenses of Sublessor Sublandlord in connection therewith, together with interest thereon at the Interest Rate (as such term is defined in Section 2.01(g) of the Xxxxxxxxx), or the then maximum lawful interest rate, whichever shall be less, from the date of the making of any such expenditures.

Appears in 1 contract

Samples: Office Lease (Maxxis Group Inc)

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor shall have the right, but not the obligation, after giving Subtenant the lesser of five ten (510) days' notice to Subtenant or the time within which Overlandlord Landlord may act on Sublessor's ’s behalf under the XxxxxxxxxMain Lease, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor shall deem necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys and other professionalsattorneys, and incur and pay reasonable attorneys' fees and other costs reasonably required in connection therewith’ fees. Subtenant shall pay to Sublessor upon demand all sums so paid by Sublessor and all incidental costs and expenses of Sublessor in connection therewith, together with interest thereon at the Interest Rate rate of one and one-half (as such term is defined in Section 2.01(g1 1/2%) of the Xxxxxxxxx), percent per calendar month or any part thereof or the then maximum lawful interest rate, whichever shall be less, from the date of the making of any such expenditures.

Appears in 1 contract

Samples: Sublease (MVC Capital, Inc.)

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor shall have the right, but not the obligation, after the lesser of five (5) days' notice to Subtenant or the time within which Overlandlord the Landlord may act on Sublessor's ’s behalf under the XxxxxxxxxMaster Lease, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor shall deem necessary, and in exercising any such right, to pay any reasonable incidental costs and expenses, employ attorneys and other professionalsattorneys, and incur and pay reasonable attorneys' fees and other costs reasonably required in connection therewithdisbursements. Subtenant shall pay to Sublessor upon demand all sums so paid by Sublessor and all incidental costs and expenses of Sublessor in connection therewith, together with interest thereon at the Interest Rate (as such term is defined in Section 2.01(g) of the Xxxxxxxxx), or the then maximum lawful interest rate, whichever shall be less, from the date of the making of any such expenditures.

Appears in 1 contract

Samples: Lease Agreement (Asbury Automotive Group Inc)

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor Sublandlord shall have the right, but not the obligation, after the lesser of five three (53) business days' notice ’ Notice to Subtenant or the time within which Overlandlord Landlord may act on Sublessor's Sublandlord’s behalf under the XxxxxxxxxMain Lease, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor Sublandlord shall deem reasonably necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys and other professionalsattorneys, and incur and pay reasonable attorneys' fees and other costs reasonably required in connection therewith’ fees. Subtenant shall pay to Sublessor Sublandlord upon demand all sums so paid by Sublessor Sublandlord and all incidental costs and expenses of Sublessor Sublandlord in connection therewith, together with interest thereon at the Interest Rate (as such term is defined in Section 2.01(g) rate of the Xxxxxxxxx), one percent per calendar month or any part thereof or the then maximum lawful interest rate, whichever shall be less, from the date of the making of any such expenditures.

Appears in 1 contract

Samples: Sublease (Century Communities, Inc.)

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RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor Sublandlord shall have the right, but not the obligation, after the lesser of five (5) days' notice to Subtenant or the time within which Overlandlord Master Landlord may act on SublessorSublandlord's behalf under the XxxxxxxxxMaster Lease, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor Sublandlord shall deem necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys and other professionals, and incur and pay attorneys' fees and other costs reasonably required in connection therewith. Subtenant shall pay to Sublessor Sublandlord upon demand all sums so paid by Sublessor Sublandlord and all incidental costs and expenses of Sublessor Sublandlord in connection therewith, together with interest thereon at the Interest Rate (as such term is defined in Section 2.01(g) of the Xxxxxxxxx), or the then maximum lawful interest rate, whichever shall be less, from the date of the making of any such expendituresRate. 30.

Appears in 1 contract

Samples: Sublease (SPSS Inc)

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor Sublandlord shall have the right, but not the obligation, after the lesser of five (5) days' ’ written notice to Subtenant or the time within which Overlandlord may act on Sublessor's behalf under the XxxxxxxxxSubtenant, or without notice to Subtenant in the case of any emergency, and in the case of emergency without awaiting the lapse of any cure period that may be provided for herein or in the Main Lease for defaults, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor Sublandlord shall reasonably deem necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys and other professionalsattorneys, and incur and pay reasonable attorneys' fees and other costs reasonably required in connection therewith’ fees. Subtenant shall pay to Sublessor upon Sublandlord within ten (10) days after demand all sums so paid by Sublessor Sublandlord and all incidental costs and expenses of Sublessor Sublandlord in connection therewith, together with interest thereon at the Interest Rate (as such term is defined in Section 2.01(g) of the Xxxxxxxxx), or the then maximum lawful interest rate, whichever shall be less, from the date of the making of any such expendituresexpenditures until the date repaid, such sums shall be deemed to be Additional Rent hereunder.

Appears in 1 contract

Samples: Sublease (Datadog, Inc.)

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any time ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor Sublandlord shall have the right, but not the obligation, after the lesser of five (5) days' days notice to Subtenant or the time within which Overlandlord Master Landlord may act on SublessorSublandlord's behalf under the XxxxxxxxxMaster Lease, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor Sublandlord shall deem necessary, and in exercising any such right, to pay any reasonable incidental costs and expenses, employ attorneys and other professionals, and incur and pay reasonable attorneys' fees and other costs reasonably required in connection therewith. Subtenant shall pay to Sublessor Sublandlord upon demand demand, as additional rent, all sums so paid by Sublessor Sublandlord and all incidental costs and expenses of Sublessor Sublandlord in connection therewith, together with interest thereon at the Interest Rate (maximum legal rate and late fees as such term is defined provided in Section 2.01(g) of the Xxxxxxxxx), or the then maximum lawful interest rate, whichever shall be less, from the date of the making of any such expendituresMaster Lease.

Appears in 1 contract

Samples: Critical Path Inc

RIGHT TO CURE SUBTENANT'S DEFAULTS. If Subtenant shall at any ---------------------------------- time fail to make any payment or perform any other obligation of Subtenant hereunder, then Sublessor Sublandlord shall have the right, but not the obligation, after the lesser of five (5) days' Business Days’ written notice to Subtenant or the time within which the Overlandlord may act on Sublessor's Sublandlord’s behalf under the Xxxxxxxxx, or without notice to Subtenant in the case of any emergency, and without waiving or releasing Subtenant from any obligations of Subtenant hereunder, to make such payment or perform such other obligation of Subtenant in such manner and to such extent as Sublessor Sublandlord shall deem necessary, and in exercising any such right, to pay any reasonable incidental costs and expenses, employ attorneys and other professionalsattorneys, and incur and pay reasonable attorneys' fees and other costs reasonably required in connection therewithdisbursements. Subtenant shall pay to Sublessor upon Sublandlord not more than twenty (2) days from written demand all sums so incurred and paid by Sublessor Sublandlord and all necessary reasonable incidental costs and expenses of Sublessor Sublandlord in connection therewith, together with interest thereon at the Interest Rate rate of one and one-half percent (as such term is defined in Section 2.01(g1-1/2%) of the Xxxxxxxxx), per calendar month or any part thereof (or the then maximum lawful interest rate, whichever shall be less), from the date of the making of any such expenditures.

Appears in 1 contract

Samples: Sublease (Patients & Physicians, Inc.)

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