Curable Defaults. (i) The failure by Lessee to make any payment of Basic Rent, Additional Rent or any other payment required to be made by Lessee hereunder as and when due and which shall continue for a period of ten (10) business days after written notice thereof from Lessor to Lessee; provided however, any such notice shall be in lieu of, and not in addition to, any notice required under the California Code of Civil Procedure or any other law, regulation or ordinance; or
Curable Defaults. (1) Either Owner or Manager may terminate this Agreement by written notice to the other party in the event that the other party shall default (the "Defaulting Party") in the performance or observance of any material term, condition or covenant contained in this Agreement in respect of the Property not falling under Section XVI.B or shall fail to perform or observe the same in accordance with the required standard under this Agreement and such default shall continue for a period of thirty (30) days after written notice thereof shall have been received by the non-defaulting party (the "Non-Defaulting Party") specifying such default and requesting that the same be remedied in such thirty-day period, provided that a ten (10) day period shall apply with respect to any failure to make a monetary payment hereunder (a "DEFAULT NOTICE"). The Defaulting Party shall be deemed to have complied with a Default Notice given under this Section XVI.C if the default (other than a monetary default) is such that it cannot reasonably be remedied within thirty (30) days and the Defaulting Party shall, in good faith, have commenced to remedy the default specified therein as soon as is practicable after receiving such Default Notice, and, thereafter shall have diligently prosecuted the cure to its completion.
Curable Defaults. 38 D. Manager's Rights and Obligations on Termination...........39 ARTICLE XVII
Curable Defaults. Owner may terminate this Agreement by written notice to Westfield in the event that Westfield shall default in the performance or observance of any material term, condition, warranty, or covenant contained in this Agreement not falling under Section 6.2, and in any such case such default shall continue for a period of thirty (30) days after written notice thereof shall have been given to Westfield by Owner specifying such default and requesting that the same be remedied in such thirty-day period (a "DEFAULT NOTICE"); PROVIDED, HOWEVER, that Westfield shall be deemed to have complied with a Default Notice given under this Section 6.3 if Westfield shall, in good faith, have commenced to remedy the default specified therein as soon as is practicable after receiving such Default Notice and, if the default is such that it is curable within a reasonable time, but cannot be reasonably remedied within thirty (30) days, Westfield thereafter shall have diligently prosecuted the cure to its completion. Owner shall have the right to terminate Westfield based on default by Westfield under this Section 6.3 only if such default is determined to constitute an Adjudicated Default as provided below. In the event that Owner believes that Westfield has defaulted in the performance of a material obligation under this Agreement, and that such default remains uncured following the delivery of a default notice and the expiration of the applicable cure period provided in this Section 6.3, then Owner may deliver a written notice to Westfield setting forth the Owner's intention to terminate Westfield pursuant to this Section (a "Termination Notice"). If Westfield desires to contest such termination, then Westfield shall so notify Owner within ten (10) Business Days after receipt of the Termination Notice, and a senior officer of Westfield shall meet promptly and negotiate in good faith with a senior officer of Owner in order to resolve such dispute. If such senior officers are unable to resolve the dispute within thirty (30) days after Westfield's receipt of the Termination Notice, then Westfield may institute an action in the appropriate judicial forum within thirty (30) thereafter to determine whether Westfield has defaulted in the performance of a material obligation hereunder. An "Adjudicated Default" shall be deemed to have occurred if:
Curable Defaults. In the event of Material Breaches other than those described in section 10.3.1, the non-breaching party may terminate this Agreement if (i) such breach has continued for thirty (30) consecutive days following receipt by the breaching party of written notice describing the breach, (ii) the non-breaching party thereafter provides written notice to the other of its intention to declare a default and terminate this Agreement, and (iii) the defaulting party thereafter fails to cure or take steps to substantially cure the default within sixty (60) days. The discontinuance or correction of a Material Breach under this subsection 10.3.2 shall constitute a cure thereof. Notwithstanding anything to the contrary contained in this Agreement, a Material Breach by either of the Tribe or the Authority shall be deemed a Material Breach of both the Tribe and the Authority.
Curable Defaults. If any Credit Party or Subsidiary of the Borrower defaults in the performance or observance of any term, condition or covenant contained in any Credit Document (other than any term, condition or covenant that is the subject of any other subsection of this Section 10.1) and, if any such term, condition or covenant is capable of being cured, such default continues for a period of thirty (30) days or more after written notice of such default has been delivered by the Administrative Agent to the Borrower.
Curable Defaults. Violation of any term or condition of this Agreement, excluding Sections X0, X0 and E4 herein, shall be cured within TEN- (10) days notice, or within such other time as may be specified by the PMGAA. Notice of THREE (3) or more curable defaults within a cumulative TWELVE-
Curable Defaults. An “Event of Default” shall be deemed to have occurred if Tenant: (a) fails to pay Rent when due and such failure shall continue for a period of three (3) business days after written notice thereof from Landlord to Tenant; or (b) fails to perform any other obligation of this Lease (other than events described in Section 13.2 (Incurable Defaults)) and such failure shall continue for a period of thirty (30) days after written notice thereof from Landlord to Tenant (except that if the failure to perform cannot reasonably be cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure within five (5) days after Xxxxxxxx’s notice and diligently pursues the cure to completion). The notice periods under this Section, can at Landlord’s discretion, run simultaneous with and not in addition to any notice required under state law.
Curable Defaults. In the case of a default that is ---------------- reasonably susceptible of cure by Mortgagee, Mortgagee may duly commence the cure of such default within the foregoing thirty (30) day period. If Mortgagee is unable to cure the default by the end of such thirty (30) day period, Mortgagee shall have such additional time as Mortgagee may reasonably require to: (a) diligently prosecute to completion the remedy of such default and (b) complete such remedy within a reasonable time under the circumstances: provided. however. that in the case of a default that involves the payment of a sum of money. Mortgagee's cure period shall not in any case exceed thirty (30) days from the date of the Notice of Default.
Curable Defaults. An "Event of Default" shall be deemed to have occurred if Tenant: (a) fails to pay Rent within three (3) days after notice to Tenant; (b) fails to perform any obligation described in Sections 12, 20 and 24 of this Lease within three (3) days after notice to Tenant; or (c) fails to perform any other obligation of this Lease (other than those obligations described in Section 16.2 as incurable) within thirty (30) days after notice to Tenant (except that if the failure to perform cannot reasonably be cured within thirty (30) days, Tenant shall not be in default of this Lease if Tenant commences to cure within five (5) days after Landlord's notice and diligently pursues the cure to completion). The notice periods under this Section are in lieu of and not in addition to any notice required under California Code of Civil Procedure Sections 1161 and 1162.
