Election to Cure. Notwithstanding anything to the contrary contained in Section 5.4. above, in the event Purchaser's due diligence inspection of the Property reveals physical or title defects impacting the Property, which are capable of being cured, Purchaser may elect to provide Seller with the option of curing such defects, as opposed to terminating this Agreement. In such event, the Purchaser shall offer such option in a written notice to Seller prior to. the termination of the Inspection Period, specifying the nature of the defect and the amount of time proposed by Purchaser for such cure. If Seller is willing to accept such option to cure the defects, Seller shall so advise Purchaser in writing within ten (10) days of receipt of Purchaser's notice of defect, and the parties will then document their agreement to have Seller cure such defects to Purchaser's satisfaction within a specified time, by having both parties execute an amendment to the Agreement. If Seller is unwilling to cure the defects, Purchaser shall have ten (10) days after receipt of Seller's written notice to notify Seller of Purchaser's intention to waive the defect and proceed to Closing or terminate this Agreement whereupon the Deposit shall be immediately refunded to Purchaser and this Agreement shall be null, void, and of no further force or effect.
Election to Cure. Subject to Section 14.3, prior to becoming a successor Tenant under this Lease or a New Lease, a Leasehold Mortgagee has no obligation to cure any Event of Default under this Lease. Notwithstanding anything to the contrary in this Lease, following the occurrence of a default under the Leasehold Mortgage, Leasehold Mortgagee may (but shall not be obligated to) exercise all of Tenant’s rights under this Lease, and Landlord shall have no obligation, duty, responsibility or liability with respect to any action or exercise of rights by any Leasehold Mortgagee.
Election to Cure. Either Lender or Trustee may cure any breach or default Trustor fails to cure, and if it chooses to do so in connection with any such cure, Lender or Trustee may also enter the Secured Property and/or do any and all other things which it may in its sole discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Lender or Trustee under, this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Lender’s or Trustee’s sole judgment is or may be senior in priority to this Deed of Trust, such judgment of Lender or Trustee to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trust; otherwise caring for and protecting any and all of the Secured Property; and/or employing counsel, accountants, contractors and other appropriate Persons necessary to assist Lender or Trustee. Lxxxxx and Trustee may take any of the actions permitted hereunder either with or without giving notice to any Person.
Election to Cure. If Seller elects to cure or object to a claimed Title Defect, the Closing shall proceed if otherwise permitted by this Agreement, and the Purchase Price shall be reduced by the amount of such Title Defect claimed by Buyer in its notice (pending such cure or resolution of such objection). If Seller elects to cure (in its response or after arbitration) Seller shall then have until 120 days after the Closing, or, if arbitration occurs, 60 days after the arbitration proceedings set forth in subsection (v) are completed, to cure the underlying Title Defect at its sole cost, risk and expense. The deadline for completing such cure may be extended by Buyer if it is satisfied with the progress made by Seller. If by such date Seller can demonstrate to Buyer's reasonable satisfaction that such Defect has been cured, then Seller shall be entitled to reimbursement by Buyer for the amount of the Purchase Price adjustment made at Closing as a result of such Defect. Buyer shall pay such amount in immediately available funds to Seller within five (5) business days of the date Seller demonstrates to Buyer's reasonable satisfaction that such Defect has been cured.
Election to Cure. If Seller timely elects to cure any Environmental Defect, then at Closing, a portion of the Purchase Price equal to the Allocated Value of the Assets affected by Environmental Defects that Seller elects to cure shall be placed in escrow with a mutually agreed escrow agent. After Closing, Seller shall diligently solicit bids to perform such curative work and, within five (5) business days after receipt of such bids, propose to Buyer a written plan describing the proposed curative action with respect to such Environmental Defect ("Cure Plan"). Buyer shall then have five (5) business days within which to approve or disapprove the Cure Plan by written notice to Seller. Buyer's failure to timely give such notice shall be deemed approval of the Cure Plan. If Buyer disapproves the Cure Plan, the parties shall negotiate in good faith for ten (10) days to agree upon a mutually acceptable Cure Plan. If such agreement is not obtained, then the issue shall be submitted to binding arbitration pursuant to the arbitration procedures set forth in Section 4.02(b)(vi). If Buyer approves Seller's Cure Plan, Seller shall promptly commence and diligently carry out to completion the Cure Plan at its sole risk, cost and expense, and upon completion of the approved Cure Plan the escrow agent shall promptly disburse to Seller the portion of the Purchase Price placed in escrow on account of such Environmental Defect.
Election to Cure. If Seller elects to cure or objects to an asserted Defect, the Closing shall proceed if otherwise permitted by this Agreement and the Purchase Price shall be reduced by the amount of such Defect. If Seller elects to cure (in its response or after arbitration) an asserted Defect, Seller shall then have until 30 days after the Closing, or, if Seller disputes the asserted Defect and arbitration of such dispute occurs, 60 days after the arbitration proceedings set forth below are completed, to cure the underlying asserted Defect at its sole cost, risk and expense. The deadline for completing such cure may be extended by Buyer at its sole election if it is satisfied with the progress made by Seller. If by such date Seller can demonstrate to Buyer’s reasonable satisfaction that such asserted Defect has been cured, then Seller shall be entitled to payment in immediately available funds within ten business days of the date Seller demonstrates to Buyer’s reasonable satisfaction that such asserted Defect has been cured.
Election to Cure. Whether Seller elects to cure or objects to an asserted Defect, the Closing shall proceed if otherwise permitted by this Agreement and the Purchase Price shall be reduced by the amount of such asserted Defect. If Seller elects to cure (in its response or after arbitration) an asserted Defect, Seller shall then have until the Closing, or, if Seller disputes the asserted Defect and arbitration of such dispute occurs, 60 days after the arbitration proceedings set forth below are completed, to cure the underlying asserted Defect at its sole cost, risk and expense. The deadline to cure any underlying defect shall be extended for up to (30] days as long as Seller works diligently toward such cure. Upon completing the cure for any such Defect, Seller shall be entitled to payment in immediately available funds within ten business days of the date Seller demonstrates to Buyer's reasonable satisfaction that such asserted Defect has been cured.
Election to Cure. Beneficiary may cure any breach or default of Grantor, and if it chooses to do so in connection with any such cure, Beneficiary may also enter the Secured Property and/or do any and all other things which it may in its sole discretion consider necessary and appropriate to protect the security of this Deed of Trust. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Beneficiary under this Deed of Trust; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Beneficiary’s sole judgment is or may be senior in priority to this Deed of Trust, such judgment of Beneficiary to be conclusive as among the parties to this Deed of Trust; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Deed of Trust; otherwise caring for and protecting any and all of the Secured Property; and/or employing counsel, accountants, contractors and other appropriate Persons to assist Beneficiary. Beneficiary may take any of the actions permitted hereunder either with or without giving notice to any Person.
Election to Cure. Mortgagee may cure any breach or default of Mortgagor, and if it chooses to do so in connection with any such cure, Mortgagee may also enter the Secured Property and/or do any and all other things which it may in its sole discretion consider necessary and appropriate to protect the security of this Mortgage. Such other things may include: appearing in and/or defending any action or proceeding which purports to affect the security of, or the rights or powers of Mortgagee under, this Mortgage; paying, purchasing, contesting or compromising any encumbrance, charge, lien or claim of lien which in Mortgagee’s sole judgment is or may be senior in priority to this Mortgage, such judgment of Mortgagee to be conclusive as among the parties to this Mortgage; obtaining insurance and/or paying any premiums or charges for insurance required to be carried under this Mortgage; otherwise caring for and protecting any and all of the Secured Property; and/or employing counsel, accountants, contractors and other appropriate Persons to assist Mortgagee. Mortgagee may take any of the actions permitted hereunder either with or without giving notice to any Person.
Election to Cure. Whether Seller elects to cure or objects to an asserted Defect, the Closing shall proceed if otherwise permitted by this Agreement and the Purchase Price shall be reduced by the amount of such asserted Defect, but only to the extent such Defect exceeds $10,000.00. If Seller elects to cure (in its response or after arbitration) an asserted Defect, Seller shall then have until sixty (60) days after the Closing, or, if Seller disputes the asserted Defect and arbitration of such dispute occurs, sixty (60) days after the arbitration proceedings set forth below are completed, to cure the underlying asserted Defect at its sole cost, risk and expense. The deadline to cure any underlying defect shall be extended for up to thirty (30) days as long as Seller works diligently toward such cure. Upon completing the cure for any such Defect, Seller shall be entitled to payment in immediately available funds within ten (10) Business Days of the date Seller demonstrates to Buyer’s reasonable satisfaction that such asserted Defect has been cured.
