Xxxxxx’s Right to Cure. (a) Master Tenant and Operator hereby each agrees that it will not exercise any right granted to them under the Master Lease and Sublease, respectively, or which it might otherwise have under applicable law, to terminate the Master Lease on account of a default of Borrower, or to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other event, without first giving to Lender prior written notice of its intent to terminate, which notice shall include a statement of the default or event on which such intent to terminate is based. Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days after such notice, shall cure such default or event if the same can be cured by the payment or expenditure of money, or (ii) shall diligently take action to obtain possession of the Project (including possession by receiver) and to cure such default or event in the case of a default or event which cannot be cured unless and until Lender has obtained possession, but in no event to exceed one hundred eighty (180) days after such written notice to Lender by Master Tenant or Operator of its intention to terminate. Notwithstanding any other provision of this Agreement, in no event shall Master Xxxxxx declare a default of the Master Lease against Borrower if Master Tenant is affiliated with Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator is affiliated with Master Tenant, unless either is requested to do so by HUD.
Xxxxxx’s Right to Cure. Each Lender shall have the right, but not the obligation, for the same period of time given to Developer to cure or remedy, on behalf of Developer, the breach claimed or the areas of non-compliance set forth in City’s notice. Such action shall not entitle a Lender to develop the Property or otherwise partake of any benefits of this Agreement unless such Lender shall assume and perform all obligations of Developer hereunder.
Xxxxxx’s Right to Cure. Regardless of any contrary term of this Agreement:
Xxxxxx’s Right to Cure. The Lender has the right but not the obligation to cure or cause to be cured any Default by the Contractor under the DBFO Agreement, and performance by the Lender or any person authorized by the Lender for that purpose by notice to the Province of any obligation of the Contractor under the DBFO Agreement shall constitute due performance of that obligation. The Lender shall not, by reason only of the performance by the Lender or any person authorized by it of any obligation of the Contractor, be deemed to have assumed any obligation or liability of the Contractor.
Xxxxxx’s Right to Cure. At any time after the occurrence of any Event of Default set forth in this Section 16, but within the timeframes set forth therein, the Lenders shall have the right, but not the obligation, to cure such Default on behalf of Generator. If the Lenders elect to cure (i) the Lenders must comply with the provisions of this Agreement as though they are acting as Generator, (ii) the Lenders must give Customer reasonable notice of the contractors it intends to engage to perform any work, and (iii) the Lender shall not use any contractor whom Customer reasonably determines is not satisfactory.
Xxxxxx’s Right to Cure. Each Lender shall have the right (but not the obligation) for a period of sixty (60) days after the expiration of the time period for cure provided to Owner pursuant to Section 4.1 to cure or remedy, or to commence to cure or remedy, the default claimed or the areas of noncompliance set forth in the City's notice. If the default or such noncompliance is of a nature which can only be remedied or cured by such Permitted Mortgagee upon obtaining possession, such Permitted Mortgagee may seek to obtain possession with diligence and continuity through a receiver or otherwise and may thereafter remedy or cure the default or noncompliance within sixty (60) days after obtaining possession. If any default or noncompliance cannot, with diligence, be remedied or cured within such sixty (60) day period, then such Permitted Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Permitted Mortgagee commences cure during such sixty (60) day period and thereafter diligently pursues completion of such cure to completion. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to permit or authorize any Permitted Mortgagee to undertake or continue construction or completion of any improvements comprising the Project (beyond the extent necessary to conserve or protect improvements or construction already. completed) without first having expressly assumed Owner's obligations under this Agreement.
Xxxxxx’s Right to Cure. 252 (a) Master Xxxxxx and Operator hereby each agrees that it will not exercise any right 253 granted to them under the Master Lease and Sublease, respectively, or which it might otherwise 254 have under applicable law, to terminate the Master Lease on account of a default of Borrower, or 255 to terminate the Sublease as a result of a default of Master Tenant, or the occurrence of any other 256 event, without first giving to Lender prior written notice of its intent to terminate, which notice 257 shall include a statement of the default or event on which such intent to terminate is based. 258 Thereafter, Master Tenant shall not take any action to terminate the Master Lease, and 259 Operator shall not take any action to terminate the Sublease, if Lender (i) within thirty (30) days 260 after such notice, shall cure such default or event if the same can be cured by the payment or 261 expenditure of money, or (ii) shall diligently take action to obtain possession of the Project 262 (including possession by receiver) and to cure such default or event in the case of a default or 263 event which cannot be cured unless and until Lender has obtained possession, but in no event to 264 exceed one hundred eighty (180) days after such written notice to Lender by Master Xxxxxx or 265 Operator of its intention to terminate. 266 Notwithstanding any other provision of this Agreement, in no event shall Master Tenant 267 declare a default of the Master Lease against Borrower if Master Tenant is affiliated with 268 Borrower, nor shall Operator declare a default of the Sublease against Master Tenant if Operator 269 is affiliated with Master Tenant, unless either is requested to do so by HUD. 270 271 (b) For the purposes of facilitating Xxxxxx’s rights hereunder, Xxxxxx shall have, and 272 for such purposes is hereby granted by Xxxxxxxx, Master Xxxxxx and Operator, the right to enter 273 upon the Project thereon for the purpose of effecting any such cure. 274 275 (c) Master Xxxxxx and Operator each hereby agrees to give to Xxxxxx concurrently 276 with the giving of any notice of default under the Master Lease or Sublease, a copy of such 277 notice by giving the same to Lender in the manner set forth hereinbelow, and no such notice 278 given to Borrower or Master Tenant which is not at or about the same time also given to Lender 279 shall be valid or effective against Lender for any purpose. 280
Xxxxxx’s Right to Cure. 31. If Subtenant defaults in the observance or performance of any Subtenant's covenants, agreements or obligations hereunder wherein the default can be cured by the expenditure of money, Prime Lessor or Tenant may upon written notice thereof to Subtenant, which remains uncured within thirty (30) days, but without obligation, and without limiting any of the remedies which it may have by reason of such default, cure the default, charge the actual verifiable direct cost thereof to Subtenant, and Subtenant shall pay the same within thirty (30) days of written demand. In the event the same shall not be paid to Prime Lessor or Tenant, as the case may be, with thirty (30) days from the date of billing, the same shall bear interest at the rate of twelve percent (12%) per annum.
Xxxxxx’s Right to Cure. Each Lender shall have the right (but not the obligation) during the same period of time available to LANDOWNER to cure or remedy, on behalf of LANDOWNER, the default claimed and set forth in CITY's written default notice. Such action shall not entitle a Lender to develop the Property or otherwise partake of any benefits of this Agreement unless such Lender shall assume and perform all obligations of LANDOWNER hereunder under the terms of the Assignment and Assumption Agreement.
Xxxxxx’s Right to Cure. 11.05 If LESSEE breaches or fails to perform any of the covenants or provisions of this LEASE, LESSOR may, but shall not be required to, cure LESSEE’s breach. LESSEE shall reimburse any sum expended by XXXXXX, with the then-maximum legal rate of interest, to LESSOR with the next due rent payment under this LEASE.
