Common use of LESSOR'S RIGHT TO CURE Clause in Contracts

LESSOR'S RIGHT TO CURE. 17.1. The Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including the failure by the Lessee to maintain the insurance required by Article XIII, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the Property for such purpose and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lessee. All reasonable out-of-pocket costs and expenses so incurred (including 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 Lessee to the Lessor on demand.

Appears in 1 contract

Samples: Lease and Open End Mortgage (Fore Systems Inc /De/)

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LESSOR'S RIGHT TO CURE. 17.1. The Lessor's Right to Cure the Lessee's Lease DefaultsDefault -------------------------------------------- . The If Lessee shall fail to make any payment or to perform any act required to be made or performed hereunder, Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Defaultdefault, may (may, but shall be under no obligation to) remedy any Lease Default , make such payment or Lease Event of Default perform such act for the account and at the sole cost and expense of the Lessee, including the failure by the Lessee to maintain the insurance required by Article XIII, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the Leased Property and any Capital Addition thereto for such purpose and take all such action thereon as as, in Lessor's opinion, may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lessee. All reasonable out-of-pocket sums so paid by Lessor and all costs and expenses so incurred (expenses, including reasonable attorneys' fees and expenses of counsel)expenses, so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by the Lessor, shall be paid by the Lessee to the Lessor on demand.. ARTICLE XVIII. 18.1

Appears in 1 contract

Samples: Master Lease (Emeritus Corp\wa\)

LESSOR'S RIGHT TO CURE. 17.1. The 1 Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including the failure by the Lessee to maintain the any insurance required by Article XIIISection 14, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the any Property for such purpose and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lessee. All reasonable out-of-pocket costs and expenses so incurred (including the 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 Lessee to the Lessor on demanddemand as Supplemental Rent. 19.

Appears in 1 contract

Samples: Lease (Dominicks Supermarkets Inc)

LESSOR'S RIGHT TO CURE. 17.1. The Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including the failure by the Lessee to maintain the insurance required by Article XIIIXIV, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the Property for such purpose any Property, or real property owned or leased by Lessee and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lesseeany lessee. All reasonable out-of-pocket costs and expenses so incurred (including without limitation reasonable fees and expenses of counsel), together with interest thereon at the Overdue Base Rate from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Lessee to the Lessor on demand.

Appears in 1 contract

Samples: Lease Agreement (Healthsouth Corp)

LESSOR'S RIGHT TO CURE. 17.1. The Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including the failure by the Lessee to maintain the insurance required by Article XIIIXIV, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the Property for such purpose any Property, or real property owned or leased by Lessee and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lesseeany lessee. All reasonable out-of-pocket costs and expenses so incurred (including without limitation 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 Lessee to the Lessor on demand.

Appears in 1 contract

Samples: Lease Agreement (Wackenhut Corrections Corp)

LESSOR'S RIGHT TO CURE. 17.1LESSEE'S LEASE DEFAULTS. The Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including without limitation the failure by the Lessee to maintain the insurance required by Article XIIIXIV, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the Property for such purpose Property, and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lesseeany lessee. All reasonable out-of-pocket costs and expenses so incurred (including without limitation 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 Lessee to the Lessor on demand.

Appears in 1 contract

Samples: Master Lease Agreement (Veritas Software Corp /De/)

LESSOR'S RIGHT TO CURE. 17.1. The Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the each applicable Lessee, including without limitation the failure by the any Lessee to maintain the insurance required by Article XIIIXIV, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the any Lessee, enter upon the Property for such purpose any Property, and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the any Lessee. All reasonable out-of-of- pocket costs and expenses so incurred (including without limitation 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 applicable Lessee to the Lessor on demand.

Appears in 1 contract

Samples: Lease Agreement (Performance Food Group Co)

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LESSOR'S RIGHT TO CURE. 17.1XVII.1. The Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including the failure by the Lessee to maintain the insurance required by Article XIII, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the any Property for such purpose and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lessee. All reasonable out-of-pocket costs and expenses so incurred (including 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 Lessee to the Lessor on demandas Supplemental Rent.

Appears in 1 contract

Samples: Symantec Corp

LESSOR'S RIGHT TO CURE. 17.1. The Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including without limitation the failure by the Lessee to maintain the insurance required by Article XIIIXIV, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the Property for such purpose each Property, and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lesseeany lessee. All reasonable out-of-pocket costs and expenses so incurred (including without limitation fees and expenses of counsel), together with interest thereon at the Overdue Rate interest rates referenced in Section 3.3(b)(iii) from the date on which such sums or expenses are paid by the Lessor, shall be paid by the Lessee to the Lessor on demanddemand and constitutes part of the obligations secured by this Lease.

Appears in 1 contract

Samples: Lease Agreement (Cypress Semiconductor Corp /De/)

LESSOR'S RIGHT TO CURE. 17.1. The 18.1 Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including the failure by the Lessee to maintain the any insurance required by Article XIIISection 14, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the Property Project for such purpose and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lessee. All reasonable out-of-pocket costs and expenses so incurred (including the 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 Lessee to the Lessor on demanddemand as Supplemental Rent.

Appears in 1 contract

Samples: Lease (Farmland Industries Inc)

LESSOR'S RIGHT TO CURE. 17.1. The Lessor's Right to Cure the Lessee's Lease Defaults. The Lessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to any Participant, no notice shall be required), without waiving or releasing any obligation or Lease Event of Default, may (but shall be under no obligation to) remedy any Lease Default or Lease Event of Default for the account and at the sole cost and expense of the Lessee, including without limitation the failure by the Lessee to maintain the insurance required by Article XIIIXIV, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Lessee, enter upon the Property for such purpose Property, and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of the Lesseeany lessee. All reasonable out-of-pocket costs and expenses so incurred (including without limitation 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 Lessee to the Lessor on demand.

Appears in 1 contract

Samples: Lease Agreement (Toys R Us Inc)

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