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

Landlord’s Right to Cure. If Landlord shall fail to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant; provided, if the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premises.

Landlord’s Right to Cure. If Landlord shall fail to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant; provided, if the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall only have no the right to withhold, set-off, or, except or abatx Xxxt as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premisesset forth in this Lease.

Landlord’s Right to Cure. If Landlord shall fail to perform In the event of any term or provision under this Lease required to be performed noncompliance hereunder by Landlord, Tenant shall, before exercising any right or remedy available to it, give Landlord shall not be deemed written notice of such noncompliance. If prior to be its giving such notice Tenant has been notified in default hereunder nor subject writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of a lender which has furnished any of the financing referred to any claims for damages of any kindin Article XVII hereof, unless concurrently with giving the aforesaid notice to Landlord, Tenant shall, by registered mail, transmit a copy thereof to such failure shall have continued for a period of lender. For the thirty (30) days after written notice thereof following the giving of the notlce(s) required by Tenant; providedthe foregoing portion of this Article XVI (or such longer period of time as may be reasonably required to cure a matter which, if due to its nature, cannot reasonably be rectified within thirty (30) days), Landlord shall have the nature of Landlord's failure is right to cure the noncompliance involved. If Landlord has failed to effect such that more than cure within such period, any such lender shall have an additional thirty (30) days are reasonably required in order within which to curecure the same or, Landlord shall if such default cannot be in default cured within that period, such additional time as may be necessary, if Landlord commences to cure such failure within such thirty (30) day period, period said lender has commenced and thereafter reasonably seeks is diligently pursuing the actions or remedies necessary to cure the noncompliance involved (including, but not limited to, commencement and prosecution of proceedings to foreclose or otherwise exercise its rights under its mortgage or other security instrument, if necessary to effect such failure cure), in which event this Lease shall not be terminated by Tenant so long as such actions or remedies are being diligently pursued by said lender. Landlord shall not be liable to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended Tenant for any period default under this Lease which occurs after the sale of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions the Building by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and Tenant agrees that its rights with respect to any such default, if asserted, shall have no right to withholdbe asserted against Landlord’s successor in interest, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant canand not operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premisesagainst Landlord.

Landlord’s Right to Cure. If Landlord shall fail to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages under this Lease unless Landlord does not perform a material obligation required of any kindLandlord within a reasonable time, unless such failure shall have continued for a period of but not later than thirty (30) days after written notice thereof describing the default by TenantTenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address has previously been furnished to Tenant in writing, specifying the obligation Landlord has not performed; provided, however, that if the nature of Landlord's failure obligation is such that more than thirty (30) days are reasonably required in order to curefor performance, Landlord shall not be in default if Landlord or any such mortgagee commences to cure such failure performance within such 30-day period and thereafter diligently prosecutes it to completion. Tenant further agrees that if Landlord shall not have cured the default within the time provided, then any holder of a ground lease, deed of trust, mortgage or security instrument now or hereafter placed upon the Project (a "Mortgagee") shall have an additional thirty (30) day perioddays following a second notice from Tenant within which to cure the default. If the default cannot be cured within that time, Mortgagee shall have such additional time as may be necessary provided that within the thirty (30) days, Mortgagee has commenced and thereafter reasonably seeks is diligently pursuing the remedies necessary to cure such failure default (including, but not limited to, commencement of foreclosure proceedings, if necessary, to completioneffect its cure). The aforementioned periods of time permitted for Tenant waives any and all claims to consequential damages against Landlord to cure shall be extended for any period of time during which Landlord is delayed in, that may arise in connection with this Lease or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the PremisesProject.

Landlord’s Right to Cure. If Landlord Tenant shall fail or neglect to do or perform any term covenant or provision condition required under this Lease and such failure shall not be cured within any applicable grace period, Landlord may, on fifteen (15) days written notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed by Landlordany such other act or thing (entering upon the Premises for such purposes, if Landlord shall so elect), and Landlord shall not be deemed or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to be in default hereunder nor subject Tenant on account thereof. Tenant shall repay to any claims for damages of any kind, unless such failure shall have continued for a period of Landlord within thirty (30) days after written notice thereof demand the entire out-of-pocket cost and expense incurred by Tenant; provided, if Landlord in connection with the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, including, without limitation, compensation to the agents, consultants and 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 reasonable judgment to meet an emergency situation or governmental or municipal time limitation or to protect Landlord’s interest in the Premises. Landlord shall not be in default if required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject duly protected in paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to or approval by Tenant, to settle or compromise any such remedies as may be available to Tenant (subject lien or tax. Any act or thing done by Landlord pursuant to the other provisions of this Lease); providedSection shall not be or be construed as a waiver of any such failure by Tenant, in recognition that Landlord must receive timely payments or as a waiver of Rent and operate any term, covenant, agreement or condition herein contained or of the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premisesperformance thereof.

Landlord’s Right to Cure. If Landlord shall fail to perform any term 10.1 In the event of breach, default, or provision under this Lease required to be performed noncompliance hereunder by Landlord, Tenant shall, before exercising any right or remedy available to it, give Landlord shall not be deemed written notice of the claimed breach, or noncompliance. If prior to be its giving such notice Tenant has been notified in default hereunder nor subject writing by way of Notice of Assignment of Rents and Leases, or otherwise to any claims for damages the address of any kinda lender which has furnished financing that is secured by a mortgage or deed of Trust on the Demised Premises concurrently with giving the aforesaid notice to Landlord, unless Tenant shall, by Certified Mail, transmit a copy thereof to such failure shall have continued for a period of lender. For the thirty (30) days after written following such notice thereof by Tenant; provided(or such longer period of time as may be reasonably required to cure a matter which, if due to its nature, cannot reasonable be remedied within thirty (30) days), Landlord shall have the nature of Landlord's failure is right to cure the breach, default or noncompliance involved. If Landlord has failed to cure a Default within said period, any such that more than lender shall have an additional thirty (30) days are reasonably required in order within which to curecure the same or, Landlord shall if such default cannot be in default cured within that period, such additional time as may be necessary if Landlord commences to cure such failure within such thirty (30) day period, period said lender has commenced and thereafter reasonably seeks is diligently pursuing the actions or remedies necessary to cure such failure the breach, Default or noncompliance involved (including, but not limited to, commencement and prosecution of proceedings to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, foreclose or prevented from, curing due to fire otherwise exercise its rights under its mortgage or other casualtysecurity instrument if necessary to effect such cure, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions in which event this Lease shall not be terminated by Tenant so long as such actions or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Leaseare being diligently pursued by said lender.); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premises.

Landlord’s Right to Cure. If Landlord Tenant shall fail to perform default in the performance or observance of any term agreement or provision under this condition in the Lease required contained on its part to be performed by or observed, other than in the payment of any minimum monthly rent, additional rent, or other charges, Landlord, after written notice by Landlord shall not be deemed to be in Tenant specifying the nature of the default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period and upon the expiration of thirty (30) days after written the delivery of said notice thereof by Tenant; provided, if unless the nature of Landlord's failure is such that more than default cannot reasonably be cured within said thirty (30) days are reasonably required due to causes beyond Tenant's control, then upon failure of Tenant to commence to cure said default within a reasonable time after the delivery of said notice, and prosecute the curing of said default to completion with due diligence may, at its option, but without obligation to do so, cure any such default for the account of Tenant and any amount and any expense paid by Landlord in order so doing with interest thereon at the rate per annum of four percent above the "prime rate" of Eastern Bank (or any successor thereto) shall be charged by Landlord as additional rent and added to curethe installment or installments of rent thereafter accruing and Tenant agrees to pay such additional rent to Landlord on demand, and for recovery of which Landlord shall not be have the remedies provided in default if Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods this Lease for nonpayment of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rentminimum rent. Notwithstanding the foregoing, ifLandlord may cure any such default prior to the expiration of the waiting period after such notice to Tenant, due if the curing of such default is reasonably necessary to protect the demised premises or Landlord's interest therein or to prevent injury or damage to persons or property. All of the rights and remedies given to Landlord in this Lease or by law or equity shall be cumulative and concurrent. The failure of Landlord to insist in any one or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx waiver or relinquishment for the period Tenant is unable to operate its business from the Premises.future of such covenant or option. SECTION SEVENTEEN

Landlord’s Right to Cure. If Landlord shall fail to perform any term In the event of breach, default, or provision under this Lease required to be performed ------------------------ noncompliance hereunder by Landlord, Tenant shall, before exercising any right or remedy available to it, give Landlord shall not be deemed written notice of the claimed breach, default, or noncompliance. If prior to be its giving such notice Tenant has been notified in default hereunder nor subject writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of a lender which has furnished any of the financing referred to any claims for damages of any kindin Article XXI hereof, unless concurrently with giving the aforesaid notice to Landlord, Tenant shall, by registered mail, transmit a copy thereof to such failure shall have continued for a period of lender. For the thirty (30) days after written notice thereof following the giving of the notice(s) required by Tenant; providedthe foregoing portion of this paragraph (or such longer period of time as may be reasonably required to cure a matter which, if due to its nature, cannot reasonably be rectified within thirty (30) days, Landlord shall have the nature of Landlord's failure is right to cure the breach, default, or noncompliance involved. If Landlord has failed to cure a default within said period, any such that more than lender shall have an additional thirty (30) days are reasonably required in order within which to curecure the same or, Landlord shall if such default cannot be in default cured within that period, such additional time as may be necessary if Landlord commences to cure such failure within such thirty (30) day period, period lender has commenced and thereafter reasonably seeks is diligently pursing the actions or remedies necessary to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed inthe breach, default, or prevented fromnoncompliance involved (including, curing due but not omitted to, commencement and prosecution of proceedings to fire foreclose or otherwise exercise its rights under its mortgage or other casualtysecurity instrument, strikesif necessary to effect such cure), lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions in which event this Lease shall not be terminated by Tenant so long as such actions or other Personsremedies are being diligently pursued by said lender and provided the breach, and other causes beyond Landlorddefault or noncompliance does not unreasonably interfere with Tenant's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions use of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premises.

Landlord’s Right to Cure. If Landlord shall fail to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder hereunder, nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by TenantTenant to Landlord specifying with particularity the nature of Landlord's nonperformance; provided, if the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such thirty (30) day period, period and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, Persons and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, Landlord and shall have no right to withhold, set-off, oror abate Rent, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premisesprovided herein.

Landlord’s Right to Cure. If Landlord shall fail to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant; , provided, if the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completioncompletion (unless the default involves a condition dangerous to person or property, or which will become worse if no immediate action is taken to cure such default, in which event such default shall be cured forthwith upon Tenant's demand). The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant at law and in equity (subject to the other provisions of this Lease); provided, as well as an abatement of Rent due hereunder until such time as such default of Landlord is cured. Anything to the contrary contained in this Lease notwithstanding, in recognition that the event Tenant shall offset any moneys (claimed to be owed to Tenant by Landlord) against the Rent payable by Tenant hereunder pursuant to the provisions of this Lease, and Landlord must receive timely payments of Rent and operate shall dispute Tenant's right to such offset or the Propertyamount thereof, Tenant shall have no right not be deemed to be in default of self-help this Lease by reason of such offset until such dispute is resolved and Tenant shall fail to perform repairs or pay any other obligation sums determined to be payable by Tenant to Landlord in the resolution of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding such dispute after the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for expiration of ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premisesdays following such determination (whether by arbitration or otherwise).

Landlord’s Right to Cure. If Landlord shall fail to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages In the event of any kindnoncompliance hereunder by LANDLORD, unless TENANT shall, before exercising any right or remedy available to it, give LANDLORD written notice of such failure shall have continued for noncompliance. If prior to its giving such notice TENANT has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the address of a period Lender which has furnished any of the financing referred to in Section 17 hereof, concurrently with giving the aforesaid notice to LANDLORD, TENANT shall, by registered or certified mail postage prepaid, transmit a copy thereof to such Lender. For the thirty (30) days after written notice thereof following the giving of the notice(s) required by Tenant; providedthe foregoing portion of this Section 16 (or such longer period of time as may be reasonably required to cure a matter which, if due to its nature, cannot reasonably be rectified within thirty (30) days), LANDLORD shall have the nature of Landlord's failure is right to cure the noncompliance involved. If LANDLORD has failed to effect such that more than cure within such period, any such Lender shall have an additional thirty (30) days are reasonably required in order within which to curecure the same or, Landlord shall if such default cannot be in default cured within that period, such additional time as may be necessary, if Landlord commences to cure such failure within such thirty (30) day periodperiod said Lender has commenced and is diligently pursuing the actions or remedies necessary to cure the noncompliance involved (including, but not limited to, commencement and prosecution of proceedings to foreclose or otherwise exercise its rights under its mortgage or other security instrument, if necessary to effect such cure), in which event this Lease shall not be terminated by TENANT so long as such actions or remedies are being diligently pursued by said Lender. LANDLORD shall not be liable to TENANT for any default under this Lease which occurs after the sale of the Building by LANDLORD, and thereafter reasonably seeks TENANT agrees that its rights with respect to cure any such failure to completion. The aforementioned periods of time permitted for Landlord to cure default, if asserted, shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Personsasserted against LANDLORD'S successor in interest, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premisesagainst LANDLORD.

Landlord’s Right to Cure. If Landlord shall fail Tenant fails to perform any term covenant within any applicable notice and/or cure period, and (i) such failure can be cured with the payment of money or provision the posting of a bond and is not cured within ten (10) business days (or five (5) business days in the case of failure to maintain insurance under this Lease required to be performed by Landlord, Section 7.1) after written notice from Landlord shall or (ii) such failure cannot be deemed to be in default hereunder nor subject to any claims cured with the payment of money or the posting of a bond and shall continue (x) for damages of any kind, unless such failure shall have continued for a period of more than thirty (30) days after written notice thereof by Tenant; providedfrom Landlord, provided that such thirty-(30)-day period shall be reasonably extended if the nature of Landlord's failure is Tenant commences such that more than thirty (30cure within such thirty(30) days are reasonably required and thereafter diligently pursues such cure to completion (but in order to cure, Landlord any event shall not be exceed ninety (90) days in default if Landlord commences to cure the aggregate) or (y) for such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of shorter time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); providedrequired, in recognition that Landlord’s reasonable judgment, in cases of emergency or risk to health or safety or to comply with Applicable Legal Requirements relating to Hazardous Substances as set forth in Section 9.4, then Landlord must receive timely payments of Rent and operate the Propertyat its option may (without waiving any right or remedy for Tenant’s non-performance), after giving Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for less than ten (10) business days’ prior written notice of Landlord’s intent to exercise its right to undertake such curative work under this Section 14.3(f) at any time thereafter, then Rent shall xxxxx perform the covenant for the account of Tenant, provided that Tenant has not then effected such cure. Tenant shall, within thirty (30) days after written demand therefor accompanied by reasonable supporting documentation, reimburse Landlord’s reasonable, out-of-pocket costs and expenses (including reasonable attorneys’ fees) incurred by Landlord in so performing such work or effecting such cure, as the case may be, as Additional Rent. Notwithstanding any other provision concerning cure periods, Landlord may cure any non-performance for the account of Tenant after such notice to Tenant, if any, as is reasonable under the circumstances if curing prior to the expiration of the applicable cure period Tenant is unable reasonably necessary to operate its business from prevent likely material damage to the PremisesPremises or Building or possible injury to persons, or to protect Landlord’s interest in the Premises or Building.

Landlord’s Right to Cure. If Except as expressly provided to the contrary in any provision of this Lease, if Landlord shall fail to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant; provided, if the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant, including, without limitation, all of the rights and remedies Tenant may have at law or in equity (subject to the other provisions of this Lease); provided, however, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, off or xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premises.

Landlord’s Right to Cure. If Tenant shall at any time default, beyond applicable notice and cure periods, in the performance of any material obligation under this Lease, Landlord shall fail have the right, but shall not be obligated, upon ten (10) days prior written notice to Tenant and for non-material obligations upon thirty (30) days’ notice to Tenant (except in the event of an emergency where at least verbal notice will be given as soon as reasonably possible), to enter upon the Premises and to perform any term or such obligation, notwithstanding the fact that no specific provision under for such substituted performance by Landlord is made in this Lease required with respect to be performed such default. In performing such obligation, Landlord may make any payment of money or perform any other act. All reasonable sums so paid by Landlord (together with interest at the rate set forth in Section 4.3 hereof), and all necessary incidental costs and expenses in connection with the performance of any such acts by Landlord, Landlord shall not be deemed to be in default hereunder nor subject additional rent under this Lease and shall be payable to Landlord immediately on demand. Landlord may exercise the foregoing rights without waiving any claims for damages other of its rights or releasing Tenant from any kindof its obligations under this Lease. 10.12 ESTOPPEL CERTIFICATE Tenant agrees on the Commencement Date, unless such failure shall have continued for a period of thirty and from time to time thereafter, upon not less than twenty (3020) days after prior written notice thereof request by Landlord, to execute, acknowledge and deliver to Landlord a statement in writing in substantially the form attached hereto as Exhibit “K” with such adjustments as are necessary to make the same accurate. Landlord agrees on the Commencement Date, and from time to time thereafter, upon not less than twenty (20) days prior written request by Tenant; provided, if the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cureexecute, Landlord shall not be in default if Landlord commences to cure such failure within such thirty (30) day period, acknowledge and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available deliver to Tenant (subject to a statement in writing in substantially the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except form attached hereto as hereinafter specifically provided, xxxxx RentExhibit “K”. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premises.10.13

Landlord’s Right to Cure. If Landlord Tenant shall fail to perform default in the performance or observance of any term agreement or provision under this condition in the Lease required contained on its part to be performed by or observed, other than in the payment of any minimum monthly rent, additional rent, or other charges, Landlord, after written notice by Landlord shall not be deemed to be in Tenant specifying the nature of the default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period and upon the expiration of thirty (30) days after written the delivery of said notice thereof by Tenant; provided, if unless the nature of Landlord's failure is such that more than default cannot reasonably be cured within said thirty (30) days are reasonably required due to causes beyond Tenant's control, then upon failure of Tenant to commence to cure said default within a reasonable time after the delivery of said notice, and prosecute the curing of said default to completion with due diligence may, at its option, but without obligation to do so, cure any such default for the account of Tenant and any amount and any expense paid by Landlord in order so doing with interest thereon at the rate per annum of four percent above the "prime rate" of Eastern Bank (or any successor thereto) shall be charged by Landlord as additional rent and added to curethe installment or installments of rent thereafter accruing and Tenant agrees to pay such additional rent to Landlord on demand, and for recovery of which Landlord shall not be have the remedies provided in default if Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods this Lease for nonpayment of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to Tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Rent and operate the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rentminimum rent. Notwithstanding the foregoing, ifLandlord may cure any such default prior to the expiration of the waiting period after such notice to Tenant, due if the curing of such default is reasonably necessary to protect the demised premises or Landlord's interest therein or to prevent injury or damage to persons or property. All of the rights and remedies given to Landlord in this Lease or by law or equity shall be cumulative and concurrent. The failure of Landlord to insist in anyone or more cases upon the strict performance of any of the covenants of this Lease, or to exercise any option herein contained, shall not be construed as a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx waiver or relinquishment for the period Tenant is unable to operate its business from the Premisesfuture of such covenant or option.

Landlord’s Right to Cure. If Landlord Tenant shall fail or neglect to do or perform any term covenant or provision condition required under this Lease and such failure shall not be cured within any applicable grace period, Landlord may, on five (5) business days written notice to Tenant, but shall not be required to, make any payment payable by Tenant hereunder, discharge any lien, take out, pay for and maintain any insurance required hereunder, or do or perform or cause to be done or performed by Landlordany such other act or thing (entering upon the Premises for such purposes, if Landlord shall so elect), and Landlord shall not be deemed or be held liable or in any way responsible for any loss, disturbance, inconvenience, annoyance or damage resulting to be in default hereunder nor subject Tenant on account thereof. Tenant shall repay to any claims for damages of any kind, unless such failure shall have continued for a period of thirty Landlord within twenty (3020) days after written notice thereof demand the entire out-of-pocket cost and expense incurred by Tenant; provided, if Landlord in connection with the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, including, without limitation, compensation to the agents, consultants and 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 reasonable judgment to meet an emergency situation or governmental or municipal time limitation or to protect Landlord’s interest in the Premises. Landlord shall not be in default if required to inquire into the correctness of the amount of validity or any tax or lien that may be paid by Landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lock-outs or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject duly protected In paying the amount of any such tax or lien claimed and in such event Landlord also shall have the full authority, in Landlord’s sole judgment and discretion and without prior notice to or approval by Tenant, to settle or compromise any such remedies as may be available to Tenant (subject lien or tax. Any act or thing done by Landlord pursuant to the other provisions of this Lease); providedSection shall not be or be construed as a waiver of any such failure by Tenant, in recognition that Landlord must receive timely payments or as a waiver of Rent and operate any term, covenant, agreement or condition herein contained or of the Property, Tenant shall have no right of self-help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set-off, or, except as hereinafter specifically provided, xxxxx Rent. Notwithstanding the foregoing, if, due to a failure to perform, Tenant cannot operate its business from the Premises for ten (10) business days, then Rent shall xxxxx for the period Tenant is unable to operate its business from the Premisesperformance thereof.