Common use of Breach by Lessor Clause in Contracts

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, and such failure shall continue for a period of thirty (30) days, after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (30) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 11 contracts

Samples: Master Lease Agreement (Emeritus Corp\wa\), Master Lease Agreement (Alterra Healthcare Corp), Lease (Alterra Healthcare Corp)

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Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue continues for a period of thirty (30) days, 30 days after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (such 30) -day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereofthereof within 90 days. The time within which Lessor shall be obligated to cure any such failure also shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 6 contracts

Samples: Master Lease Agreement (Supertel Hospitality Inc), Master Lease Agreement (Supertel Hospitality Inc), Master Lease Agreement (Supertel Hospitality Inc)

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, and such failure shall continue for a period of thirty (30) days, days after written Notice thereof from Lessee, Lessee unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (30) day period, proceeds promptly promptly, continuously and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 6 contracts

Samples: Lease (Tesseract Group Inc), Lease (New York Bagel Enterprises Inc), Lease (New York Bagel Enterprises Inc)

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue continues for a period of thirty (30) days, days after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (such 30) -day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure also shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 5 contracts

Samples: Lease Agreement (MHI Hospitality CORP), Lease Agreement (Capital Lodging), Lease Agreement (Gadsden Growth Properties, Inc.)

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, and such failure shall continue for a period of thirty (30) days, days after written Notice thereof from Lessee, Lessee unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (30) day period, proceeds promptly promptly, continuously and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable Delay."

Appears in 2 contracts

Samples: Lease (Alterra Healthcare Corp), Alterra Healthcare Corp

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue continues for a period of thirty (30) days, 30 days after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (such 30) -day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure also shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 2 contracts

Samples: Lease Agreement (Humphrey Hospitality Trust Inc), Lease Agreement (Humphrey Hospitality Trust Inc)

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue continues for a period of thirty (30) days, days after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Lessor, within said such thirty (30) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure also shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 2 contracts

Samples: Percentage Lease Agreement (Red Lion Inns Limited Partnership), Percentage Lease Agreement (Boykin Lodging Co)

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue continues for a period of thirty (30) days, days after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (such 30) -day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time ----------------------- Lease Agreement 42 within which Lessor shall be obligated to cure any such failure also shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 1 contract

Samples: Account Agreement (Ashford Hospitality Trust Inc)

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Breach by Lessor. It shall be a breach of this Lease if Lessor fails shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed (if any) and such failure shall continue for a period of thirty (30) days, days after written Notice notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) dayssuch 30- day period, in which case such failure shall not be deemed to continue constitute a breach of this Lease by Lessor if Lessor, within said thirty (such 30) -day period, proceeds promptly and with due diligence period commences to cure such alleged breach and thereafter diligently prosecutes the failure and diligently completes the curing thereofsame to completion. The time within which Lessor shall be obligated to cure any such failure shall also be subject to an extension of time due to the occurrence of any Unavoidable Delay.

Appears in 1 contract

Samples: Balanced Care Corp

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to ---------------- observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue continues for a period of thirty (30) days, 30 days after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (such 30) -day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereofthereof within 90 days. The time within which Lessor shall be obligated to cure any such failure also shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 1 contract

Samples: Lease Agreement (Humphrey Hospitality Trust Inc)

Breach by Lessor. It Lessor shall not be a in breach of this Lease if unless Lessor fails shall fail to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue for a period of thirty (30) days, days after written Notice thereof from LesseeLessees, unless such failure cannot with due diligence be cured within a period of thirty (30) days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (30) day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereof. The time within which Lessor shall be obligated to cure any such failure shall also be subject to extension of time due to the occurrence of any Unavoidable DelayDelays.

Appears in 1 contract

Samples: Master Lease (Raintree Healthcare Corp)

Breach by Lessor. It shall be a breach of this Lease if Lessor ---------------- fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue continues for a period of thirty (30) days, 30 days after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (such 30) -day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereofthereof within 90 days. The time within which Lessor shall be obligated to cure any such failure also shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 1 contract

Samples: Master Lease Agreement (Humphrey Hospitality Trust Inc)

Breach by Lessor. It shall be a breach of this Lease if Lessor fails to observe or perform any term, covenant or condition of this Lease on its part to be performed, performed and such failure shall continue continues for a period of thirty (30) days, 30 days after written Notice thereof from Lessee, unless such failure cannot with due diligence be cured within a period of thirty (30) 30 days, in which case such failure shall not be deemed to continue if Lessor, within said thirty (such 30) -day period, proceeds promptly and with due diligence to cure the failure and diligently completes the curing thereofthereof for a period not to exceed 90 days. The time within which Lessor shall be obligated to cure any such failure also shall also be subject to extension of time due to the occurrence of any Unavoidable Delay.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunstone Hotel Investors Inc)

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