Common use of Grace Period Clause in Contracts

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default.

Appears in 3 contracts

Samples: Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.)

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Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions in any twelve (12) month period there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default. Notwithstanding anything to the contrary in this Section 21.2 contained, except to the extent prohibited by applicable law, any statutory notice and grace periods provided to Tenant by law are hereby expressly waived by Xxxxxx.

Appears in 2 contracts

Samples: Commencement Date Agreement (CarGurus, Inc.), Commencement Date Agreement (CarGurus, Inc.)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) business days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions in any twelve (12) month period there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the emergency nature of the default is such that threatens to cause bodily injury or damage to property and remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise incurable. Notwithstanding anything to the default hadcontrary in this Section 21.2 contained, except to the extent prohibited by reason of a breach on a prior occasionapplicable law, been the subject of a any statutory notice hereunder and grace periods provided to cure such defaultTenant by law are hereby expressly waived by Xxxxxx.

Appears in 2 contracts

Samples: , and Attornment Agreement (Hubspot Inc), Confidentiality Agreement (Hubspot Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) business days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions in any twelve (12) month period there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the emergency nature of the default is such that threatens to cause bodily injury or damage to property and remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise incurable. Notwithstanding anything to the default hadcontrary in this Section 22.2 contained, except to the extent prohibited by reason of a breach on a prior occasionapplicable law, been the subject of a any statutory notice hereunder and grace periods provided to cure such defaultTenant by law are hereby expressly waived by Txxxxx.

Appears in 2 contracts

Samples: Confidentiality Agreement (Hubspot Inc), Confidentiality Agreement (Hubspot Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees that this Lease will not to terminate and that Landlord will not take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten twenty-five (1025) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasionoccasion during the preceding twelve (12) month period, been the subject of a notice hereunder to cure such default.

Appears in 2 contracts

Samples: Agreement of Lease (Investment Technology Group Inc), Investment Technology Group Inc

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasionoccasion during the prior 24 months, been the subject of a notice hereunder to cure such default.

Appears in 2 contracts

Samples: Lease Agreement (OvaScience, Inc.), Lease Agreement (D8 Holdings Corp.)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such 7/12/95 27 32 that remedial action should reasonably and appropriately take place sooner, sooner as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable reasonable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition condition, the breach of which gave rise to the default default, had, by reason of a breach on a prior occasionoccasion within the then immediately preceding twelve (12) month period, been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Entire Agreement (International Integration Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) business days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default. Notwithstanding anything to the contrary in this Section 21.2 contained, except to the extent prohibited by applicable law, any statutory notice and grace periods provided to Tenant by law are hereby expressly waived by Tenant.

Appears in 1 contract

Samples: Learning Tree International Inc

Grace Period. Notwithstanding anything to the contrary contained in this Article containedLease with respect to Lessee's failure to perform Lessee's obligations under this Lease, Landlord Lessor agrees not to take any action to terminate this Lease (a) for default by Tenant Lessee in the payment when due of Rent, if Tenant Lessee shall cure such default within ten (10) days after written notice thereof given by Landlord Lessor to TenantLessee, or (b) for default by Tenant Lessee in the performance of any other covenant, if Tenant Lessee shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord Lessor to Tenant Lessee (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of TenantLessee) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten twenty (1020) days after the receipt of the notice of default, Tenant Lessee in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord Lessor of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: 1 Lease Agreement (Geltex Pharmaceuticals Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten five (105) days after written notice thereof given by Landlord to Tenant, unless there has been two (2) or more defaults in any 12-month period as set forth in Section 19.1(b), or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Agreement of Lease (Fluidigm Corp)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) consecutive business days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (the "Non-Monetary Grace Period”) (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day 30) day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day 30) day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default. Notwithstanding the foregoing, Tenant shall have no right to notice or the Non-Monetary Grace Period relating to its failure to (v) maintain all insurance as required in Article 15 above; (w) deliver to Landlord the Security Deposit as required by Section 29.13 below; (x) provide Landlord with Estoppel Certificates as required pursuant to Section 17.5 above; (y) provide Landlord with subordination agreements as required pursuant to Article 23 below; or (z) provide Landlord with the certificates of insurance required pursuant to Article 15 above. Notwithstanding anything to the contrary in this Article 21.7 contained, except to the extent prohibited by applicable law, any statutory notice and grace periods provided to Tenant by law are hereby expressly waived by Tenant.

Appears in 1 contract

Samples: Term Commencement Date Agreement (Enumeral Biomedical Holdings, Inc.)

Grace Period. Notwithstanding anything anything, to the contrary in this ------------ Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, sooner as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable reasonable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition condition, the breach of which gave rise to the default default, had, by reason of a breach on a prior occasion, -been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Lease (Mainspring Communications Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord Sublessor agrees not to take any action to terminate this Lease Sublease and Sublessee shall not be deemed in default under this Sublease (except as otherwise set forth in Section 15.4 in cases of emergency) (a) for in the case of default by Tenant Sublessee as set forth in Section 15.1(a) in the payment when due of Yearly Fixed Rent, Additional Rent, Additional Rent for Taxes, utility expenses, Parking Rent, and/or all other additional rent, if Tenant Sublessee shall cure such default within ten five (105) days after written notice thereof given by Landlord Sublessor to TenantSublessee, or (b) for in the case of default by Tenant Sublessee in the performance of any other covenantcovenant as set forth in Section 15.1(l), if Tenant Sublessee shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord Sublessor to Tenant Sublessee (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated 42 in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of TenantSublessee) the default is of such a nature that it cannot be cured within such thirty (30)-day 30) day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day 30) day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant Sublessee in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord Sublessor of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default anddefault. All other defaults as set forth in Section 15.1 shall have only those notice and cure periods, if any, as set forth in Section 15.1 hereof. Notwithstanding anything to the contrary contained herein, Sublessor shall not be required to give more than two (2) that no notice notices of monetary default in the opportunity to cure a payment of Yearly Fixed Rent. Additional Rent, Additional Rent for Taxes, utility expenses, Parking Rent, and/or all other additional rent, in any lease year; thereafter may such monetary default need be given, and no grace period whatsoever shall be allowed to Tenant, if automatic without the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such defaultneed for further notice.

Appears in 1 contract

Samples: Agreement (Combinatorx, Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance or observance of any other covenantprovision of this Lease, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, provided however (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, unless (i) not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) Tenant shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, and (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Lease (Viryanet LTD)

Grace Period. Notwithstanding anything to the contrary in this clause (i) of Article 20.1 contained, Landlord agrees not to take any action to terminate this Lease (a) for default by b\, Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may may, reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if in the event that the default is incurable based upon a condition set forth in clauses (b), (c), (d), (e), (f), (g), (h), (i), or (j) of Article 20.1 of this Lease, or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default. Notwithstanding anything to the contrary in this Article 20.7 contained, except to the extent prohibited by applicable law, any statutory notice and grace periods provided to Tenant by law are hereby expressly waived by Tenant.

Appears in 1 contract

Samples: Lease (Archibald Candy Corp)

Grace Period. Notwithstanding anything Anything contained in any of the foregoing provisions of this Lease to the contrary notwithstanding, neither party hereto will exercise any right or remedy provided for in this Article containedLease or allowed by law because of any default of the other, Landlord agrees not unless such party shall first have given notice thereof to take any action the other, and the other, within a period of five (5) days thereafter, shall have failed to terminate this Lease (a) for pay the sum or sums due if the default by Tenant in shall consist of the failure to pay money, or, if the default shall consist of something other than the payment when due of Rentmoney, if Tenant shall have failed promptly thereafter to begin to cure such default, and shall have failed to cure such default within ten a reasonable period of time in any event not to exceed thirty (1030) days after written from the date of such notice; provided, that no such notice thereof given by from Landlord shall be required, nor shall the Landlord be required to Tenantallow any part of the said notice period, (a) more than two (2) times during any twelve (12) month period, or (b) for default by if the Tenant shall have removed from or shall be in the performance course of any other covenantremoving from the Premises, or (c) if a petition in bankruptcy or for reorganization shall have been filed by or against the Tenant, resulting in the entry of an Order For Relief under the Bankruptcy Code, 11 U.S.C. Section 101, ET SEQ., or (d) if a receiver or trustee shall have been appointed for Tenant and such appointment and such receivership or trusteeship shall cure such default not be terminated within a period of thirty (30) days after written notice thereof given by Landlord to thereafter; or (e) if the Tenant (except where shall have made an assignment for the nature benefit of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice)creditors, or with respect (f) if Tenant shall have been levied upon and is about to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions sold out upon the Premises by any sheriff, xxxxxxxx or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such defaultconstable.

Appears in 1 contract

Samples: White Marsh Business Center Agreement of Lease (Imtek Office Solutions Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) business days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions in any twelve (12) month period there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the emergency nature of the default is such that threatens to cause bodily injury or damage to property and remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise incurable. Notwithstanding anything to the default hadcontrary in this Section 21.2 contained, except to the extent prohibited by reason of a breach on a prior occasionapplicable law, been the subject of a any statutory notice hereunder and grace periods provided to cure such defaultTenant by law are hereby expressly waived by Txxxxx.

Appears in 1 contract

Samples: Confidentiality Agreement (Hubspot Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Lease Agreement (Acer Therapeutics Inc.)

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Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten five (105) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Agreement of Lease (Fluidigm Corp)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice)Tenant, or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten twenty (1020) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a two (2) prior occasionoccasions during the preceding twelve (12) month period, been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Agreement of Lease (Investment Technology Group Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten (10) days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions during the previous twelve (12)-month period there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day-period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default event allowing Landlord to terminate the Lease is incurable or if the covenant or a condition the breach of which gave rise described in Articles 21.1 (b), (c), (d) and (e). Notwithstanding anything to the default hadcontrary in this Article 21.7 contained, except to the extent prohibited by reason of a breach on a prior occasionapplicable law, been the subject of a any statutory notice hereunder and grace periods provided to cure such defaultTenant by law are hereby expressly waived by Tenant.

Appears in 1 contract

Samples: Edocs Inc

Grace Period. Notwithstanding anything to the contrary in this Article ------------ contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, sooner as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable reasonable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition condition, the breach of which gave rise to the default default, had, by reason of a breach on a prior occasion, occasion been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Entire Agreement (Focal Communications Corp)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) business days after written notice thereof is given by Landlord to TenantTenant (the “Monetary Grace Period”), provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions in any twelve (12) month period there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except the “Non-Monetary Grace Period”; the Monetary Grace Period and the Non-Monetary Grace Period may be referred to as a “Grace Period”)(except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period Grace Period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on at least two (2) prior occasions within a prior occasiontwelve (12) month period, been the subject of a notice hereunder to cure such default. Notwithstanding anything herein to the contrary, with respect to Tenant’s failure to: (w) deliver to Landlord the Letter of Credit as required by Section 29.13 below; (x) provide Landlord with Estoppel Certificates as required pursuant to Section 17.5 above; (y) provide Landlord with subordination agreements as required pursuant to Article 23, below, and (z) obtain and maintain insurance and/or provide certificates of insurance to Landlord as required in Article 15, above, Tenant shall have no right to either of the Grace Periods set forth above, but Landlord agrees not to take any action to terminate this Lease for default by Tenant with respect thereto if Tenant shall cure said default within three (3) business days after written notice thereof is given by Landlord to Tenant; provided that no notice of the opportunity to cure such default need be given, and no cure period whatsoever shall be allowed to Tenant, if the covenant or condition the breach of which gave rise to default had, by reason of a breach on at least one (1) prior occasion within a twelve (12) month period, been the subject of a notice hereunder to cure such default. Notwithstanding anything to the contrary in this Article 21.7 contained, except to the extent prohibited by applicable law, any statutory notice and grace periods provided to Tenant by law are hereby expressly waived by Tenant. .

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Gritstone Bio, Inc.)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) business days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions in any twelve (12) month period there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the emergency nature of the default is such that threatens to cause bodily injury or damage to property and remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise incurable. Notwithstanding anything to the default hadcontrary in this Section 21.2 contained, except to the extent prohibited by reason of a breach on a prior occasionapplicable law, been the subject of a any statutory notice hereunder and grace periods provided to cure such defaultTenant by law are hereby expressly waived by Tenxxx.

Appears in 1 contract

Samples: , and Attornment Agreement (Hubspot Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a prior occasion, occasion been the subject of a notice hereunder to cure such default.

Appears in 1 contract

Samples: Lease Agreement (NeuroMetrix, Inc.)

Grace Period. Notwithstanding anything to the contrary in this Article section contained, Landlord agrees not shall have no right to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if any sum of money unless Tenant shall fail to cure such default within ten (10) days after written notice thereof is given by Landlord to Tenant, or (b) for default by Tenant in the performance of any covenant other covenant, if than the covenant to pay the sum of money unless Tenant shall fail to cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (Tenant, except where when the nature of the default is such that remedial action both can and should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default (if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day 30) day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day 30) day period for the curing of any such default unless, not more than within ten (10) days after Tenant has knowledge of the situation, fact or circumstance which necessitates such extension of the grace period and after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as reasonably may be reasonable possible duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default anddefault, (2) provided, further, however, that no notice the extension of the opportunity Tenant's grace period to cure a any such default need that cannot be given, and no grace period whatsoever cured within such thirty (30) days shall not be allowed forfeited for failure to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise send such notice to the default had, by reason of a breach on a prior occasion, been the subject of a notice hereunder to cure such default.Landlord if:

Appears in 1 contract

Samples: Sublease Agreement (Breakaway Solutions Inc)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees Tenant shall not be deemed to take any action to terminate be in default of its obligations under this Lease unless Tenant fails to cure a breach by Tenant in its obligations within the following cure periods: (a) for default breach by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default breach within ten five (105) business days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such breach in the payment of money shall be curable if on two (2) prior occasions in the same twelve (12) month period there had been a breach in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default breach by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default breach within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, as indicated in such written notice)Tenant, or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default breach if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default breach is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default breach unless, not more than ten thirty (1030) days after the receipt of the notice of defaultbreach, Tenant in writing (i) shall specify the cause on account of which the default breach cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default breach and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default breach and, (2) that no notice of the opportunity to cure a default non-monetary breach need be given, and no grace period whatsoever shall be allowed to Tenant, if the default breach is incurable or if the covenant or condition the breach of which gave rise incurable. Notwithstanding anything to the default hadcontrary in this Article 21.7 contained, except to the extent prohibited by reason of a breach on a prior occasionapplicable law, been the subject of a any statutory notice hereunder and grace periods provided to cure such defaultTenant by law are hereby expressly waived by Tenant.

Appears in 1 contract

Samples: Lease Agreement (SMTC Corp)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rent, if Tenant shall cure such default within ten (10) days after written notice thereof given by Landlord to Tenant, or (b) for default by Tenant in the performance of any other covenant, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the nature of the default is such that remedial action should reasonably and appropriately take place sooner, sooner as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall as soon as may be reasonable reasonable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and such cure is completed no later than one hundred eighty (180) days following the delivery of Landlord's notice of default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition condition, the breach of which gave rise to the default default, had, by reason of a breach on a prior occasion, occasion been the subject of a notice hereunder to cure such defaultdefault within the last twelve (12) month period.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

Grace Period. Notwithstanding anything to the contrary in this Article contained, Landlord agrees not to take any action to terminate this Lease (a) for default by Tenant in the payment when due of Rentany sum of money, if Tenant shall cure such default within ten five (105) business days after written notice thereof is given by Landlord to Tenant, provided, however, that no such notice need be given and no such default in the payment of money shall be curable if on two (2) prior occasions in any twelve (12) month period there had been a default in the payment of money which had been cured after notice thereof had been given by Landlord to Tenant as herein provided or (b) for default by Tenant in the performance of any covenant other covenantthan a covenant to pay a sum of money, if Tenant shall cure such default within a period of thirty (30) days after written notice thereof given by Landlord to Tenant (except where the emergency nature of the default is such that threatens to cause bodily injury or damage to property and remedial action should reasonably and appropriately take place sooner, as indicated in such written notice), or with respect to covenants other than to pay a sum of money within such additional period as may reasonably be required to cure such default if (because of governmental restrictions or any other cause beyond the reasonable control of Tenant) the default is of such a nature that it cannot be cured within such thirty (30)-day thirty-(30)-day period, provided, however, (1) that there shall be no extension of time beyond such thirty (30)-day thirty-(30)-day period for the curing of any such default unless, not more than ten (10) days after the receipt of the notice of default, Tenant in writing (i) shall specify the cause on account of which the default cannot be cured during such period and shall advise Landlord of its intention duly to institute all steps necessary to cure the default and (ii) shall shall, as soon as may be reasonable reasonably practicable, duly institute and thereafter diligently prosecute to completion all steps necessary to cure such default and, (2) that no notice of the opportunity to cure a default need be given, and no grace period whatsoever shall be allowed to Tenant, if the default is incurable or if the covenant or condition the breach of which gave rise to the default had, by reason of a breach on a two (2) prior occasionoccasions within the immediately preceding twelve (12) month period, been the subject of a notice hereunder to cure such default. Notwithstanding anything to the contrary in this Section 21.2 contained, except to the extent prohibited by applicable law, any statutory notice and grace periods provided to Tenant by law are hereby expressly waived by Xxxxxx.

Appears in 1 contract

Samples: Foundation Medicine, Inc.

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