Common use of Lessor's Right to Cure Construction Agent's Defaults Clause in Contracts

Lessor's Right to Cure Construction Agent's Defaults. The Lessor, without waiving or releasing any obligation or Construction Agency Event of Default, may, upon prior written notice to the Construction Agent (but shall be under no obligation to), remedy any Construction Agency Event of Default for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand.

Appears in 4 contracts

Samples: Construction Agency Agreement (Checkfree Corp \Ga\), Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc)

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Lessor's Right to Cure Construction Agent's Defaults. The Lessor, without waiving or releasing any obligation or Construction Agency Event of Default, may, upon prior written notice to the Construction Agent (but shall be under no obligation to), remedy any Construction Agency Event of Default for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand; provided that such amount shall not exceed the Construction Failure Payment for the related Leased Property.

Appears in 2 contracts

Samples: Construction Agency Agreement (Concord Efs Inc), Construction Agency Agreement (Concord Efs Inc)

Lessor's Right to Cure Construction Agent's Defaults. The Lessor, without waiving or releasing any obligation or Construction Agency Event of Default, may, upon prior written notice to the Construction Agent may (but shall be under no obligation to), ) remedy any Construction Agency Event of Default for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of out-of-pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand.

Appears in 2 contracts

Samples: Agency Agreement (Tech Data Corp), Agency Agreement (Wackenhut Corrections Corp)

Lessor's Right to Cure Construction Agent's Defaults. The Lessor, without waiving or releasing any obligation or Construction Agency Event of Default, may, upon prior written notice to the Construction Agent may (but shall be under no obligation to), ) remedy any Construction Agency Event of Default for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand.

Appears in 2 contracts

Samples: Construction Agency Agreement (Choicepoint Inc), Construction Agency Agreement (Choicepoint Inc)

Lessor's Right to Cure Construction Agent's Defaults. The Lessor, without waiving or releasing any obligation or Construction Agency Event of Default, may, upon prior written notice to the Construction Agent (but shall be under no obligation to), remedy any Construction Agency Event of Default for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand; provided that such amount shall not exceed the Construction Failure Payment for the related Leased Property, unless such Construction Agency Event of default arose from the circumstances described in Section 5.3(b).

Appears in 1 contract

Samples: Construction Agency Agreement (Borders Group Inc)

Lessor's Right to Cure Construction Agent's Defaults. The Lessor, ---------------------------------------------------- without waiving or releasing any obligation or Construction Agency Event of Default, may, upon prior written notice to the Construction Agent and expiration of any applicable cure period (but shall be under no obligation to), remedy any Construction Agency Event of Default for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand.

Appears in 1 contract

Samples: Construction Agency Agreement (Rowe Companies)

Lessor's Right to Cure Construction Agent's Defaults. The Upon written notice to the Construction Agent, except in emergencies, the Lessor, without waiving or releasing any obligation or Construction Agency Agreement Event of Default, may, upon prior written notice to the Construction Agent may (but shall be under no obligation to), ) remedy any Construction Agency Agreement Event of Default hereunder for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand.

Appears in 1 contract

Samples: Agency Agreement (Kindercare Learning Centers Inc /De)

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Lessor's Right to Cure Construction Agent's Defaults. The Lessor, ---------------------------------------------------- without waiving or releasing any obligation or Construction Agency Event of Default, may, upon prior written notice to the Construction Agent may (but shall be under no obligation to), ) remedy any Construction Agency Event of Default for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand.

Appears in 1 contract

Samples: Master Agreement (Sterling Commerce Inc)

Lessor's Right to Cure Construction Agent's Defaults. The Lessor, without waiving or releasing any obligation or Construction Agency Event of Default, may, upon prior written notice to the Construction Agent may (but shall be under no obligation to), ) remedy any Construction Agency Event of Default for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand.. AVIII

Appears in 1 contract

Samples: Lease Participation Agreement (Aaron Rents Inc)

Lessor's Right to Cure Construction Agent's Defaults. The Upon written notice to the Construction Agent, except in emergencies, the Lessor, without waiving or releasing any obligation or Construction Agency Agreement Event of Default, may, upon prior written notice to the Construction Agent may (but shall be under no obligation to), ) remedy any Construction Agency Agreement Event of Default hereunder for the account of and at the sole cost and expense of the Construction Agent. All reasonable out of pocket costs and expenses so incurred (including actual and reasonable fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Construction Agent to the Lessor on demand.

Appears in 1 contract

Samples: Construction Agency Agreement (Quality Food Centers Inc)

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