Common use of Defaults by Owner Clause in Contracts

Defaults by Owner. Owner shall be deemed to be in default hereunder in the event Owner shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Owner, and such default shall continue for a period of five (5) Business Days after written notice thereof by Manager to Owner as to any default in payment of money, or thirty (30) days after notice thereof by Manager to Owner as to any non-monetary default, or, if such non-monetary default cannot be cured within thirty (30) days, then such additional period as shall be reasonable provided that Owner is capable of curing same and has continuously attempted to cure such default, but in no event beyond sixty (60) days after such notice (in each instance, an "Event of Default by Owner"). An Event of Default by Owner shall not be deemed to be a default by Owner under any other agreement between Owner and Manager, including but not limited to the Purchase Agreement, unless otherwise provided in such Agreement.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (United Dominion Realty Trust Inc), Agreement of Purchase and Sale (Essex Property Trust Inc)

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Defaults by Owner. Owner shall be deemed to be in default hereunder in the event Owner shall fail to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Owner, and such default shall continue for a period of five (5) Business Days after written notice thereof by Manager to Owner as to any default in payment of moneymoney (including in Owner's obligation to maintain the Working Capital Reserve for the Project in accordance with Section 4.04), or thirty (30) days after notice thereof by Manager to Owner as to any non-monetary default, or, if such non-monetary default cannot be cured within thirty (30) days, then such additional period as shall be reasonable provided that Owner is capable of curing same and has continuously attempted to cure such default, but in no event beyond sixty (60) days after such notice (in each instance, an "Event of Default by Owner"). An Event of Default by Owner shall not be deemed to be a default by of Owner under any other agreement between Owner Manager and ManagerOwner, including but not limited to the Purchase Agreement, unless otherwise provided in such Agreementagreement.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (Essex Property Trust Inc), Agreement of Purchase and Sale (United Dominion Realty Trust Inc)

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