Common use of Indemnification upon default Clause in Contracts

Indemnification upon default. Upon any default by Landlord or Tenant hereunder, the defaulting party shall be liable for and hereby agrees to apply any and all liabilities, losses, costs and expenses, including attorneys’ fees, incurred by the non-defaulting party as a result of such default and in exercising the non-defaulting party’s rights and remedies in connection with such default. Notwithstanding the foregoing, Landlord shall not be considered in default until it has received from Tenant written notice of such default and has not cured such default (i) within thirty (30) days with respect to any default which is curable within said time period, or (ii) for any default which is not capable of being cured until after thirty (30) days, Landlord has commenced such cure within thirty (30) days and thereafter diligently prosecutes such cure. In addition, prior to Landlord being in default, Tenant shall provide Prime Landlord and Landlord’s mortgage lender with the same foregoing cure period, provided that ▇▇▇▇▇▇ has received written notice from Landlord as to the identity and address of such mortgage lender.

Appears in 1 contract

Sources: Sublease Agreement

Indemnification upon default. Upon any default by Landlord or Tenant hereunder, the defaulting party shall be liable for and hereby agrees to apply any and all liabilities, losses, costs and expenses, including attorneys’ fees, incurred by the non-defaulting party as a result of such default and in exercising the non-defaulting party’s rights and remedies in connection with such default. Notwithstanding the foregoing, Landlord shall not be considered in default until it has received from Tenant written notice of such default and has not cured such default (i) within thirty (30) days with respect to any default which is curable within said time period, or (ii) for any default which is not capable of being cured until after thirty (30) days, Landlord has commenced such cure within thirty (30) days and thereafter diligently prosecutes such curecuring the default. In addition, prior to Landlord being in default, Tenant shall provide Prime Landlord and Landlord’s mortgage lender with the same foregoing cure period, provided that ▇▇▇▇▇▇ Tenant has received written notice from Landlord as to the identity and address of such mortgage lender.. Notwithstanding the foregoing, Tenant shall not be considered in default under Section 13.01 (b), (c), or

Appears in 1 contract

Sources: Sublease Agreement

Indemnification upon default. Upon any default by Landlord or Tenant hereunder, the defaulting party shall be liable for and hereby agrees to apply any and all liabilities, losses, costs and expenses, including attorneys’ fees, incurred by the non-defaulting party as a result of such default and in exercising the non-defaulting party’s rights and remedies in connection with such default. Notwithstanding the foregoing, Landlord shall not be considered in default until it has received from Tenant written notice of such default and has not cured such default (i) within thirty (30) days with respect to any default which is curable within said time period, or (ii) for any default which is not capable of being cured until after thirty (30) days, Landlord has commenced such cure within thirty (30) days and thereafter diligently prosecutes such cure. In addition, prior to Landlord being in default, Tenant shall provide Prime Landlord and Landlord’s mortgage lender with the same foregoing cure period, provided that ▇▇▇▇▇▇ Tenant has received written notice from Landlord as to the identity and address of such mortgage lender.

Appears in 1 contract

Sources: Sublease Agreement