DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity.
Appears in 2 contracts
Samples: Structure Lease and Encroachment Agreement, Structure Lease and Encroachment Agreement
DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant Subtenant and a breach of this Agreement: (i) non- non-payment of Rent if such Rent remains unpaid for more than thirty ten (3010) days after receipt of written notice from Landlord Sublandlord of such failure to pay; or (ii) Tenant's Subtenant’s failure to perform any other term or condition under this Agreement within forty-five thirty (4530) days after receipt of written notice from Landlord Sublandlord specifying the failure. No such failure, however, will be deemed to exist if Tenant Subtenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of TenantSubtenant. If Tenant Subtenant remains in default beyond any applicable cure period, Landlord Sublandlord will have the right to exercise any and all rights and remedies available to it under law and equity.
Appears in 2 contracts
Samples: Lease Agreement (Tullys Coffee Corp), Lease Agreement (Tullys Coffee Corp)
DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity.
Appears in 1 contract
Samples: Structure Lease Agreement
DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant Xxxxxx and a breach of this AgreementLease: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after receipt of written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement Lease within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant (1) has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligencediligence and (2) has a good faith basis upon which to challenge the alleged failure. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to may exercise any and all rights and remedies available to it under law and equity.
Appears in 1 contract
Samples: Quality Monitoring Site Lease