Common use of Landlord’s Right to Cure Defaults Clause in Contracts

Landlord’s Right to Cure Defaults. Upon the occurrence of an Event of Default, Landlord may, at its option, take any reasonable action to cure the Event of Default, without waiving its rights and remedies against Tenant or releasing Tenant from any of its obligations hereunder. Notwithstanding the preceding sentence, in the event of an emergency or other circumstance in which Tenant’s failure to take immediate action may result in injury to persons or damage to property, Landlord may, at its option, take any reasonable action to perform any obligation of Tenant, after first giving such prior notice to Tenant and an opportunity for Tenant to cure as may be reasonable under the circumstances. All reasonable out-of-pocket costs actually paid by Landlord in performing Tenant’s obligations as set forth in this Section 20.5 plus a supervision fee equal to five percent (5%) of the first $100,000 in costs of performing the obligation and one percent (1%) of costs in excess of $100,000, shall be paid by Tenant to Landlord within thirty (30) days after demand. If Landlord enters the Premises, or any portion thereof, in order to effect cure hereunder, Tenant waives all Claims which may be caused by Landlord’s so entering the Premises, and Tenant shall indemnify, defend, protect and hold Landlord, and the other Indemnitees harmless from and against third party Claims resulting from any actions of Landlord to perform obligations on behalf of Tenant hereunder, except in each case to the extent due to any gross negligence or willful misconduct on the part of Landlord or any other Indemnitee(s). No entry by Landlord to the Premises or obligations performed by Landlord in the Premises under this Section 20.5 shall constitute a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises, or any portion thereof.

Appears in 3 contracts

Samples: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

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Landlord’s Right to Cure Defaults. Upon the occurrence of If Tenant commits an Event of Default, then Landlord may, at its option, take any reasonable action to cure the without waiving such Event of Default, without waiving its rights and remedies against Tenant Default or releasing Tenant from any of its obligations hereunder. Notwithstanding the preceding sentence, in the event of an emergency make any payment or other circumstance in which Tenant’s failure to take immediate action may result in injury to persons or damage to property, Landlord may, at its option, take any reasonable action to perform any obligation on behalf of Tenant, after first giving Tenant comprised in such prior notice to Tenant and an opportunity for Tenant to cure as may be reasonable under the circumstancesEvent of Default. All reasonable out-of-pocket payments so made by Landlord, and all costs actually paid and expenses incurred by Landlord in performing Tenant’s obligations as set forth in this Section 20.5 plus a supervision fee equal to five percent (5%) of the first $100,000 in costs of performing the obligation and one percent (1%) of costs in excess of $100,000perform such obligations, shall be paid due and payable by Tenant to Landlord within thirty (30) days after demandas Rent immediately upon receipt of Landlord’s demand therefor. If Landlord enters the Premises, or any portion thereof, in order to effect cure hereunder, Tenant waives all Claims which may be caused by Landlord’s so entering the Premises, and Tenant shall indemnify, defend, protect and hold Landlord, and the other Indemnitees harmless from and against third party Claims resulting from any actions of Landlord to perform obligations on behalf of Tenant hereunder, except in each case to the extent due to any gross negligence or willful misconduct on the part of Landlord or any other Indemnitee(s). No entry by Landlord to the Premises or obligations performed by Landlord in the Premises under this Section 20.5 20.6 shall constitute a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises, or any portion thereof.

Appears in 3 contracts

Samples: Office Lease (Stitch Fix, Inc.), Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

Landlord’s Right to Cure Defaults. Upon the occurrence of If Tenant commits an Event of Default, then Landlord may, at its option, take any reasonable action to cure the without waiving such Event of Default, without waiving its rights and remedies against Tenant Default or releasing Tenant from any of its obligations hereunder. Notwithstanding the preceding sentence, in the event of an emergency make any payment or other circumstance in which Tenant’s failure to take immediate action may result in injury to persons or damage to property, Landlord may, at its option, take any reasonable action to perform any obligation on behalf of Tenant, after first giving Tenant comprised in such prior notice to Tenant and an opportunity for Tenant to cure as may be reasonable under the circumstancesEvent of Default. All reasonable out-of-pocket payments so made by Landlord, and all costs actually paid and expenses incurred by Landlord in performing Tenant’s obligations as set forth in this Section 20.5 plus a supervision fee equal to five percent (5%) of the first $100,000 in costs of performing the obligation and one percent (1%) of costs in excess of $100,000perform such obligations, shall be paid due and payable by Tenant to Landlord within thirty (30) days after demandas Rent immediately upon receipt of Landlord’s demand therefor. If Landlord Landlord, following an Event of Default, enters the Premises, or any portion thereof, in order to effect cure hereunder, Tenant waives all Claims which may be caused by Landlord’s so entering the Premises, and Tenant shall indemnify, defend, protect and hold Landlord, and the other Indemnitees harmless from and against third party Claims resulting from any actions of Landlord to perform obligations on behalf of Tenant hereunder, except in each case to the extent due to any gross negligence or willful misconduct on the part of Landlord or any other Indemnitee(s). No entry by Landlord to the Premises or obligations performed by Landlord in the Premises under this Section 20.5 12.6 shall constitute a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises, or any portion thereof.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Silver Spring Networks Inc), Reciprocal Easement Agreement (Silver Spring Networks Inc)

Landlord’s Right to Cure Defaults. Upon If Tenant shall fail or neglect to do or perform any act or thing herein provided by it to be done or performed and such failure shall not be cured within any applicable grace period provided in Article 24, then Landlord shall have the occurrence of an Event of Defaultright, Landlord maybut shall have no obligation, at its optionto pay any Real Property Taxes payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any reasonable action insurance required under Article 19, or do or perform or cause to cure be done or performed any such other act or thing (entering upon the Event of DefaultPremises for such purposes, without waiving its rights if Landlord shall so elect), and remedies against Tenant Landlord shall not be or releasing Tenant from be held liable or in any of its obligations hereunder. Notwithstanding the preceding sentenceway responsible for any loss, in the event of an emergency or other circumstance in which Tenant’s failure to take immediate action may result in injury to persons disturbance, inconvenience, annoyance or damage to property, Landlord may, at its option, take any reasonable action to perform any obligation of Tenant, after first giving such prior notice resulting to Tenant and an opportunity for Tenant to cure as may be reasonable under the circumstances. All reasonable out-of-pocket costs actually paid by Landlord in performing Tenant’s obligations as set forth in this Section 20.5 plus a supervision fee equal to five percent (5%) of the first $100,000 in costs of performing the obligation and one percent (1%) of costs in excess of $100,000, shall be paid by Tenant to Landlord within thirty (30) days after demand. If Landlord enters the Premises, or any portion on account thereof, in order to effect cure hereunder, Tenant waives all Claims which may be caused by Landlord’s so entering the Premises, and Tenant shall indemnifyrepay to Landlord upon demand the entire reasonable cost and expense thereof, defendincluding, protect without limitation, compensation to the agents, consultants and hold contractors of Landlord and reasonable attorneys' fees and expenses. Landlord may act upon shorter notice or no notice at all if necessary in Landlord's judgment to meet an emergency situation or governmental or municipal time limitation; provided that Landlord shall provide Tenant with notice of any such act taken promptly thereafter. Landlord shall not be required to inquire into the correctness of the amount or validity of any Imposition or lien that may be paid by Landlord pursuant to this Article 25, and Landlord shall be duly protected in paying the other Indemnitees harmless from amount of any such Imposition or lien claimed, and, in such event, Landlord shall also have the full authority, in Landlord's sole judgment and against third party Claims resulting from discretion and without prior notice to or approval by Tenant, to settle or compromise any actions of such lien or Imposition. Any act or thing done by Landlord to perform obligations on behalf of Tenant hereunder, except in each case pursuant to the extent due to provisions of this Article 25 shall not be or be construed as a waiver of any gross negligence default by Tenant, or willful misconduct on as a waiver of any term, covenant, agreement or condition herein contained or of the part performance thereof. If Tenant disputes the reasonableness of Landlord or any other Indemnitee(s). No entry by Landlord to the Premises or obligations performed costs and expenses incurred by Landlord in the Premises connection with any actions under this Section 20.5 Article 25, such dispute shall constitute a forcible or unlawful entry into, or a detainer of, be subject to arbitration pursuant to Article 39 hereof; provided however that the Premises, or an eviction, actual or constructive, party not prevailing in such arbitration proceedings shall pay 100% of Tenant from the Premises, or any portion costs and expenses thereof.

Appears in 2 contracts

Samples: Lease (Genencor International Inc), Genencor International Inc

Landlord’s Right to Cure Defaults. Upon the occurrence of If Tenant commits an Event of Default, then Landlord may, at its option, take any reasonable action to cure the without waiving such Event of Default, without waiving its rights and remedies against Tenant Default or releasing Tenant from any of its obligations hereunder. Notwithstanding the preceding sentence, in the event of an emergency make any payment or other circumstance in which Tenant’s failure to take immediate action may result in injury to persons or damage to property, Landlord may, at its option, take any reasonable action to perform any obligation on behalf of Tenant, after first giving Tenant comprised in such prior notice to Tenant and an opportunity for Tenant to cure as may be reasonable under the circumstancesEvent of Default. All reasonable out-of-pocket payments so made by Landlord, and all costs actually paid and expenses incurred by Landlord in performing Tenant’s obligations as set forth in this Section 20.5 plus a supervision fee equal to five percent (5%) of the first $100,000 in costs of performing the obligation and one percent (1%) of costs in excess of $100,000perform such obligations, shall be paid due and payable by Tenant to Landlord within thirty (30) days after demandas Rent immediately upon receipt of Landlord's demand therefor. If Landlord enters the Premises, or any portion thereof, in order to effect cure hereunder, Tenant waives all Claims which may be caused by Landlord’s 's so entering the Premises, and Tenant shall indemnify, defend, protect and hold Landlord, and the other Indemnitees harmless from and against third party Claims resulting from any actions of Landlord to perform obligations on behalf of Tenant hereunder, except in each case to the extent due to any gross negligence or willful misconduct on the part of Landlord or any other Indemnitee(s). No entry by Landlord to the Premises or obligations performed by Landlord in the Premises under this Section 20.5 12.6 shall constitute a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises, or any portion thereof.

Appears in 2 contracts

Samples: Reciprocal Easement Agreement (Forescout Technologies, Inc), Reciprocal Easement Agreement (Forescout Technologies, Inc)

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Landlord’s Right to Cure Defaults. Upon the occurrence of If Tenant commits an Event of Default, then Landlord may, at its option, take any reasonable action to cure the without waiving such Event of Default, without waiving its rights and remedies against Tenant Default or releasing Tenant from any of its obligations hereunder. Notwithstanding the preceding sentence, in the event of an emergency make any payment or other circumstance in which Tenant’s failure to take immediate action may result in injury to persons or damage to property, Landlord may, at its option, take any reasonable action to perform any obligation on behalf of Tenant, after first giving Tenant comprised in such prior notice to Tenant and an opportunity for Tenant to cure as may be reasonable under the circumstancesEvent of Default. All reasonable out-of-pocket payments so made by Landlord, and all costs actually paid and expenses incurred by Landlord in performing Tenant’s obligations as set forth in this Section 20.5 plus a supervision fee equal to five percent (5%) of the first $100,000 in costs of performing the obligation and one percent (1%) of costs in excess of $100,000perform such obligations, shall be paid due and payable by Tenant to Landlord within thirty (30) days after demandas Rent immediately upon receipt of Landlord's demand therefor. If Landlord enters the Premises, or any portion thereof, in order to effect cure hereunder, Tenant waives all Claims which may be caused by Landlord’s 's so entering the Premises, and Tenant shall indemnify, defend, protect and hold Landlord, and the other Indemnitees harmless from and against third party Claims resulting from any actions of Landlord to perform obligations on behalf of Tenant hereunder, except in each case to the extent due to any gross negligence or willful misconduct on the part of Landlord or any other Indemnitee(s). No entry by Landlord to the Premises or obligations performed by Landlord in the Premises under this Section 20.5 20.6 shall constitute a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction, actual or constructive, of Tenant from the Premises, or any portion thereof.

Appears in 1 contract

Samples: Office Lease (First Albany Companies Inc)

Landlord’s Right to Cure Defaults. Upon the occurrence All agreements to be performed by Tenant under this Lease shall be at Tenant’s sole cost and expense and without any abatement of an Event rent. If Tenant fails to pay any sum of Defaultmoney required to be paid by Tenant hereunder or fails to perform any other act on Xxxxxx’s part to be performed hereunder, Landlord may, at its option, take any reasonable action to cure shall have the Event of Defaultright, without waiving its rights and remedies against Tenant or releasing Tenant from any obligations of Tenant, but shall not be obligated, to make any such payment or to perform any such other act on behalf of Tenant in accordance with this Lease; provided, however, that unless in Landlord’s good faith judgment earlier payment or performance is required by reason of emergency, or to preclude jeopardy to the health, safety or quiet enjoyment of the Premises by its obligations hereundertenants or occupants or further damage or loss to Landlord or the Premises, or to cure a violation of any Legal Requirement, then Landlord shall provide Tenant with not less than ten (10) days prior written notice that Landlord will make such payment or perform such obligation on Tenant’s behalf if the same is not paid or performed by Tenant prior to the expiration of such ten (10) day period. Notwithstanding All sums so paid by Xxxxxxxx and all necessary incidental costs shall be deemed additional rent hereunder and shall be payable by Tenant to Landlord on demand, together with interest on all such sums from the preceding sentencedate of expenditure by Landlord to the date of repayment by Xxxxxx at the Interest Rate. Landlord shall have, in addition to all other rights and remedies of Landlord, the same rights and remedies in the event of an emergency or other circumstance in which Tenant’s failure to take immediate action may result in injury to persons or damage to property, Landlord may, at its option, take any reasonable action to perform any obligation the nonpayment of Tenant, after first giving such prior notice to Tenant and an opportunity for Tenant to cure sums plus interest by Xxxxxx as may be reasonable under the circumstances. All reasonable out-of-pocket costs actually paid by Landlord in performing Tenant’s obligations as set forth in this Section 20.5 plus a supervision fee equal to five percent (5%) of the first $100,000 in costs of performing the obligation and one percent (1%) of costs in excess of $100,000, shall be paid by Tenant to Landlord within thirty (30) days after demand. If Landlord enters the Premises, or any portion thereof, in order to effect cure hereunder, Tenant waives all Claims which may be caused by Landlord’s so entering the Premises, and Tenant shall indemnify, defend, protect and hold Landlord, and the other Indemnitees harmless from and against third party Claims resulting from any actions of Landlord to perform obligations on behalf of Tenant hereunder, except in each case to the extent due to any gross negligence or willful misconduct on the part of Landlord or any other Indemnitee(s). No entry by Landlord to the Premises or obligations performed by Landlord in the Premises under this Section 20.5 shall constitute a forcible or unlawful entry into, or a detainer of, case of default by Xxxxxx in the Premises, or an eviction, actual or constructive, payment of Tenant from the Premises, or any portion thereofrent.

Appears in 1 contract

Samples: Basic Lease Information (Maravai Lifesciences Holdings, Inc.)

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