Common use of Lessee's Right to Cure Clause in Contracts

Lessee's Right to Cure. Subject to the provisions of Section 30.1, if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after notice to and demand upon Lessor in accordance with Section 30.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx and all costs and expenses (including reasonable attorneys’ fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Lxxxxx, shall be paid by Lessor to Lessee on demand or set off against the Rent. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Global Medical REIT Inc.), Lease Agreement (Global Medical REIT Inc.)

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Lessee's Right to Cure. Subject to the provisions of Section 30.1, ---------------------- if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after giving notice to and demand upon Lessor in accordance with Section 30.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available to Lessee hereunder and at law or in equity to Lesseeequity, Lessee may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rent. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)

Lessee's Right to Cure. Subject to the provisions of Section 30.1, if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after giving notice to and demand upon Lessor in accordance with Section 30.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, Lessee may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rent. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.

Appears in 1 contract

Samples: Consent and Agreement (Grand Court Lifestyles Inc)

Lessee's Right to Cure. Subject to the provisions of Section 30.130.l, if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after notice to and demand upon Lessor in accordance with Section 30.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rent. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ramsay Health Care Inc)

Lessee's Right to Cure. Subject to the provisions of Section 30.1---------------------- 38.3, if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after notice to and demand upon Lessor in accordance with Section 30.1Lessor, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including including, without limitation, reasonable attorneys’ attorneys fees) so incurred, together with interest thereon (at the Overdue Rate Rate) from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rentdemand. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 38.2 shall survive the termination of this LeaseLease with respect to the Leased Property.

Appears in 1 contract

Samples: Kindred Healthcare Inc

Lessee's Right to Cure. Subject to the provisions of Section 30.1, if ---------------------- Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after giving notice to and demand upon Lessor in accordance with Section 30.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available to Lessee hereunder and at law or in equity to Lesseeequity, Lessee may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rent. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Lessee's Right to Cure. Subject to the provisions of Section 30.1, if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after notice to and demand upon Lessor in accordance with Section 30.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rent. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ramsay Health Care Inc)

Lessee's Right to Cure. Subject to the provisions of Section 30.133.3, if Lessor shall breach breaches any covenant to be performed by it under this Lease, Lessee, after notice Notice to and demand upon Lessor in accordance with Section 30.1Lessor, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including including, without limitation, reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rentdemand. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 33.2 shall survive the termination of this LeaseLease with respect to the Leased Property.

Appears in 1 contract

Samples: Master Lease Agreement (PMC Commercial Trust /Tx)

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Lessee's Right to Cure. Subject to the provisions of If a Lessor default shall occur as described in Section 30.1, if Lessor shall breach any covenant to be performed by it under this Lease30.1 above, Lessee, after notice to and demand upon Lessor in accordance with Section 30.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make (or cause to be made) such payment or perform (or cause to be performed) such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee or its agent and all costs and expenses (including reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Lxxxxx, shall be paid by Lessor to Lessee on demand or set off against the Rent. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Global Medical REIT Inc.)

Lessee's Right to Cure. Subject to the provisions of Section 30.1, if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after giving notice to and demand upon Lessor in accordance with Section 30.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available to Lessee hereunder and at law or in equity to Lesseeequity, Lessee may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rent. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.. ARTICLE 31

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Lessee's Right to Cure. Subject to the provisions of Section 30.130. 1, if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after notice to and demand upon Lessor in accordance with Section 30.130. 1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rentdemand. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Builders Transport Inc)

Lessee's Right to Cure. Subject to the provisions of Section 30.137.3, if Lessor shall breach breaches any covenant to be performed by it under this LeaseMaster Lease Document , Lessee, after notice Notice to and demand upon Lessor in accordance with Section 30.1Lessor, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including including, without limitation, reasonable attorneys’ fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off may be offset by Lessee against the RentMinimum Rent payments next accruing or coming due. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 37.2 shall survive the termination of this LeaseMaster Lease Document with respect to the Leased Property.

Appears in 1 contract

Samples: Master Lease Document General Terms And (Universal Health Realty Income Trust)

Lessee's Right to Cure. Subject to the provisions of Section 30.136.1, if Lessor shall breach any covenant to be performed by it under this Lease, Lessee, after notice to and demand upon Lessor in accordance with Section 30.136.1, without waiving or releasing any obligation of Lessor hereunder, and in addition to all other remedies available hereunder and at law or in equity to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lxxxxx Lessee and all costs and expenses (including without limitation, reasonable attorneys' fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by LxxxxxLessee, shall be paid by Lessor to Lessee on demand or set off against the Rentdemand. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 30.2 36.2 shall survive the termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Centennial Healthcare Corp)

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