Common use of Waiver of Notice; Performance by Landlord Clause in Contracts

Waiver of Notice; Performance by Landlord. Notwithstanding any provision of this Article 24, (a) if Tenant is required to comply with any governmental requirement and so long as Tenant or tenant’s representative has received notice of the governmental requirement, Tenant shall not be entitled to notice of default from Landlord and right to cure beyond the period within which such compliance may be required by such governmental requirement; or (b) if this Lease expressly provides that this Lease may be terminated effective on service of notice, Tenant shall be entitled to cure its default only if the right to cure is required by law; or (c) if in Landlord's judgment the continuance of any Default by Tenant for the full period of notice provided for herein will jeopardize the Premises, risk injury to persons or jeopardize the rights of Landlord, Landlord may, with or without notice, elect to perform those acts in respect to which Tenant is in default for the account and at the expense of Tenant. If by reason of such Default by Tenant, Landlord is compelled to pay or elects to pay any sum of money, including, but without limitation, reasonable attorneys' fees, such sum or sums so paid by Landlord, with interest thereon from the date of such payment at the Interest Rate, shall be due from Tenant to Landlord on the first day of the month next following such payment by Landlord.

Appears in 3 contracts

Samples: Commencement Date Agreement (Boomer Holdings, Inc.), Lease Agreement (Boomer Holdings, Inc.), Lease Agreement (Boomer Holdings, Inc.)

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Waiver of Notice; Performance by Landlord. Notwithstanding any other provision of this Article 24herein, (a) if Tenant is required to comply with any governmental requirement and so long as Tenant or tenant’s representative has received notice of the governmental requirement, Tenant shall not be entitled to notice of default Default from Landlord and Landlord, or right to cure beyond cure, for any failure by Tenant to comply with any obligation under this Lease (and such failure shall result in an Event of Default) upon the expiration of any period within which such compliance may be Tenant is required by such governmental requirementto comply with any applicable Law; or and (b) in addition to any other rights of Landlord under this Lease, if this Lease expressly provides that this Lease may be terminated effective on service Tenant has failed to satisfy any obligation of noticeTenant set forth herein, Tenant shall be entitled to cure its default only if whether or not the right to cure is required by law; or (c) if same constitutes an Event of Default, and in Landlord's judgment the continuance of any Default ’s reasonable determination such failure by Tenant for the full period constitutes a threat of notice provided for herein will jeopardize the Premisesinjury or harm to persons, risk injury or damage or loss of value to persons or jeopardize the rights of Landlordproperty, then Landlord may, with or without notice, and without regard to whether or not any applicable cure period expressly provided herein has expired, elect to perform those acts in respect to which Tenant is in default such obligation for the account and at the expense of Tenant. If by reason Landlord pays any sums of money or incurs any expense in connection with performing any such Default by Tenant, Landlord is compelled to pay or elects to pay any sum of money, including, but without limitation, reasonable obligation (including attorneys' fees, consultant fees, testing and investigation fees, expert fees and court costs), such sum or sums so paid or expenses so incurred by Landlord, with interest thereon from the date plus an administrative charge of fifteen percent (15%) of such payment at the Interest Ratesums or expenses, shall be due to Landlord from Tenant within ten (10) days after written demand therefor from Landlord, in addition to any other amounts to be paid by Tenant to Landlord on the first day of the month next following such payment by Landlordunder this Lease.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Morgans Foods Inc)

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