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, during the same period of time available to Developer to cure or remedy, on behalf of Developer, the default 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) during the same period of time available to LANDOWNER to cure or remedy, on behalf of LANDOWNER, the default claimed or any areas of non-compliance 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 an Assignment Agreement.
Xxxxxx’s Right to Cure. 11.4.1 Any failure by Landlord to perform any obligation on the part of Landlord under this Lease as and when required under this Lease as well as any other breach of or noncompliance with any other covenant or obligation of Landlord under this Lease shall be deemed a default of this Lease by Landlord, provided that Landlord shall not be deemed to be in default of this Lease unless and until Landlord fails to perform such obligation or otherwise cure such breach or noncompliance within ten (10) days after written notice by Tenant to Landlord specifying the nature of Landlord’s alleged default, provided, however, that if the nature of Landlord’s alleged default is such that more than ten (10) days are required for its cure, then Landlord shall not be deemed to be in default if Landlord shall commence such performance within such ten-day (10-day) period and thereafter diligently prosecute the same to completion.
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. The Town shall send a copy of any notice of default sent to Developer, to any secured lender providing financing to Developer in connection with the Project (as identified in Section 11 hereof, the “Lender”) by certified mail at the same time such is notice is sent to Developer, and where this Agreement expressly provides for a cure of said default, no such notice of default to Developer shall be effective unless and until a copy of such notice has been delivered to Lender, and the applicable cure period, beginning on the date of such delivery, has expired. Lender shall have the same time and rights to cure any default as Developer, and the Town shall accept a cure by Xxxxxx as if such cure had been made by Developer, provided said cure is made in accordance with the provisions of this Agreement.
Xxxxxx’s Right to Cure. If the Redeveloper shall fail to maintain and keep the Improvements as required by Section 19.1, above, or reconstructs, demolishes, or subtracts, adds or extends from the Improvements in violation of Section 19.2 above, and such condition shall not be cured within ninety (90) days following written notice by the Agency so to do, the Agency may, in its sole discretion, cure such condition. The Redeveloper, upon receiving the Agency’s written invoice for the costs of such cure, shall pay such costs, including interest at ten percent (10%) per annum. Such invoices may be filed as a lien on the Property until the payment thereof.
