Common use of Mortgagee Cure Rights Clause in Contracts

Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods), and thereafter Tenant exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot be cured by the payment of money or reasonably requires more than 30 days to cure, then Mortgagee shall have such additional time as may be reasonably necessary to complete such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee commences such cure within such 30-day period, Mortgagee thereafter diligently prosecutes the same to completion, and Mortgagee completes such cure no more than 60 days after the expiration of such 30-day period. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default that is personal to Landlord and therefore not susceptible to cure by Mortgagee or that requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnation.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc), Disturbance and Attornment Agreement (Paradigm Genetics Inc)

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Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods), and thereafter Tenant exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot be cured by the payment of money or reasonably requires more than 30 days to cure, then Mortgagee shall have such additional time as may be reasonably necessary to complete such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee commences such cure within such 30-day period, Mortgagee thereafter diligently prosecutes the same to completion, and Mortgagee completes such cure no more than 60 days after the expiration of such 30-day period. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default that is personal to Landlord and therefore not susceptible to cure by Mortgagee or that requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's ’s termination rights under the Lease due to casualty or condemnation.

Appears in 1 contract

Samples: Lease Agreement (Icoria, Inc.)

Mortgagee Cure Rights. If Landlord shall have failed to cure In the event of any default within on the time period provided for in the Lease (including any applicable part of Landlord, Tenant will give notice and grace periods), and thereafter Tenant exercises any right by registered or certified mail to terminate the Lease, Mortgagee. Mortgagee shall have an additional 30 thirty (30) days within which from the expiration of Landlord's applicable cure period to cure such default, or the default if such the default cannot can be fully cured by the payment of a specific and liquidated amount of money. If the default cannot be fully cured by the payment of a specific and liquidated amount of money or and possession is reasonably requires more than 30 days required to cure the default, and unless Tenant shall have provided all access necessary to affect a cure, then Mortgagee shall have such additional time as may be reasonably necessary promptly commence taking steps to complete such obtain possession of the Premises by foreclosure or the judicial appointment of a cure (includingreceiver after receipt of Tenant's written notice of the default, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee commences such cure within such 30-day period, Mortgagee and shall thereafter diligently prosecutes continue to attempt to cure the same default within the minimum period of time reasonably required under the circumstances to completion, and Mortgagee completes such cure no more than 60 days after the expiration of such 30-day periodachieve a cure. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default that which is personal to Landlord and therefore not susceptible to cure by Mortgagee or that which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnation.

Appears in 1 contract

Samples: Lease Agreement (Memory Pharmaceuticals Corp)

Mortgagee Cure Rights. If Landlord shall have failed to cure any default within the time period provided for in the Lease (including any applicable notice and grace periods), and thereafter but not prior thereto Tenant exercises any right to terminate the Lease, Mortgagee Mortgagee, shall have an additional 30 days within which to cure such default, or if such default cannot by the exercise of reasonable efforts by Mortgagee be cured by the payment of money or reasonably requires more than 30 days to curewithin such period, then Mortgagee shall have such additional time as may be reasonably reasonable necessary to complete effect such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee commences such cure within such 30-day period, period Mortgagee shall commence and thereafter diligently prosecutes the same pursue remedies to completion, and Mortgagee completes cure such cure no more than 60 days after the expiration of such 30-day perioddefault. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default that which is personal to Landlord and therefore not susceptible to cure by Mortgagee or that which requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of Tenant's termination rights under the Lease due to casualty or condemnationcondemnation or Tenant's "self-help" rights under Section 31 of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Biogen Inc)

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Mortgagee Cure Rights. If Landlord shall have failed to cure any --------------------- default within the time period provided for in the Lease (including any applicable notice and grace periods), and thereafter Tenant exercises any right to terminate the Lease, Mortgagee shall have an additional 30 days within which to cure such default, or if such default cannot be cured by the payment of money or reasonably requires more than 30 days to cure, then Mortgagee shall have such additional time as may be reasonably necessary to complete such a cure (including, if necessary, sufficient time to complete foreclosure proceedings) provided that Mortgagee commences such cure within such 30-day period, Mortgagee thereafter diligently prosecutes the same to completion, and Mortgagee completes such cure no more than 60 days after the expiration of such 30-day period. The Lease shall not be terminated (i) while such remedies are being diligently pursued or (ii) based upon a default that is personal to Landlord and therefore not susceptible to cure by Mortgagee or that requires possession of the Premises to cure. Mortgagee shall in no event be obligated to cure any such default by Landlord unless it forecloses. Nothing in this Section 7 shall affect any of --------- Tenant's termination rights under the Lease due to casualty or condemnation.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)

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