Common use of NOTICE TO LENDER AND RIGHT TO CURE Clause in Contracts

NOTICE TO LENDER AND RIGHT TO CURE. Tenant shall provide written notice to Lender of any default by Borrower under the Lease or any other act or omission by Borrower under the Lease which could give Tenant the right to terminate the Lease and/or xxxxx or make a deduction from amounts payable by Tenant under the Lease, and Tenant agrees that no notice of termination of the Lease and no notice of abatement of or deduction from rent shall be effective unless Lender shall have received written notice of the default, act or omission giving rise to such termination, abatement or rent deduction and shall have failed to cure such default, act or omission within thirty (30) days after receipt of such notice to cure such default, act or omission or if such default, act or omission cannot be cured within thirty (30) days, shall have failed within thirty (30) days after receipt of such notice to commence and thereafter diligently pursue any action necessary to cure such default, act or omission to completion, including, without limitation, any action to obtain possession of the Property. Notwithstanding the foregoing, Lender shall have no obligation to cure any such default, act or omission. Tenant shall give such notice to Lender at its address set forth below or at such other address as Lender shall specify from time to time.

Appears in 3 contracts

Samples: Lease Agreement (Restoration Robotics Inc), Lease Agreement (GigOptix, Inc.), Lease Agreement (Gsi Group Inc)

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NOTICE TO LENDER AND RIGHT TO CURE. Tenant shall provide written notice to Lender of any default by Borrower under the Lease or any other act or omission by Borrower under the Lease which could give Tenant the right to terminate the Lease and/or xxxxx axxxx or make a deduction from amounts payable by Tenant under the Lease, and Tenant agrees that no notice of termination of the Lease and no notice of abatement of or deduction from rent shall be effective unless Lender shall have received written notice of the default, act or omission giving rise to such termination, abatement or rent deduction and shall have failed to cure such default, act or omission within thirty (30) days after receipt of such notice to cure such default, act or omission or if such default, act or omission cannot be cured within thirty (30) days, shall have failed within thirty (30) days after receipt of such notice to commence and thereafter diligently pursue any action necessary to cure such default, act or omission to completion, including, without limitation, any action to obtain possession of the Property. Notwithstanding the foregoing, Lender shall have no obligation to cure any such default, act or omission. Tenant shall give such notice to Lender at its address set forth below or at such other address as Lender shall specify from time to time.

Appears in 1 contract

Samples: Lease Agreement (Endwave Corp)

NOTICE TO LENDER AND RIGHT TO CURE. Tenant shall provide written concurrent notice to Lender of any breach or default by Borrower Landlord (the “Default Notice”) under the Lease or and agrees that, notwithstanding any other act or omission by Borrower under provisions of the Lease which could give Tenant to the right to terminate the Lease and/or xxxxx or make a deduction from amounts payable by Tenant under the Leasecontrary, and Tenant agrees that no notice of termination of the Lease and no notice of abatement of or deduction from rent cancellation thereof shall be effective unless Lender shall have received written notice of the default, act or omission default giving rise to such terminationcancellation, abatement or rent deduction and shall have failed and, thereafter, the opportunity to cure such defaultbreach or default as provided for below. After Lender receives a Default Notice, act or omission within thirty Lender shall have a period of ten (3010) business days after receipt of such notice beyond the time available to Landlord under the Lease in which to cure such default, act the breach or omission or if such default, act or omission cannot be cured within thirty (30) days, shall have failed within thirty (30) days after receipt of such notice to commence and thereafter diligently pursue any action necessary to cure such default, act or omission to completion, including, without limitation, any action to obtain possession of the Propertydefault by Landlord. Notwithstanding the foregoing, Lender shall have no obligation to cure (and shall have no liability or obligation for not curing) any breach or default by Landlord, except to the extent that Lender agrees or undertakes otherwise in writing. In addition, as to any breach or default by Landlord the cure of which requires possession and control of the Property, provided that Lender undertakes, by written notice to Tenant, to exercise reasonable efforts to cure, or cause to be cured by a receiver, such defaultbreach or default within the period permitted by this paragraph, act Lender’s cure period shall continue for such additional time as Lender may reasonably require to either: (i) obtain possession and control of the Property with due diligence and thereafter cure the breach or omission. Tenant shall default with reasonable diligence and continuity; or (ii) obtain the appointment of a receiver and give such notice receiver a reasonable period of time in which to Lender at its address set forth below or at such other address as Lender shall specify from time to timecure the default.

Appears in 1 contract

Samples: Office Lease Agreement (Zipcar Inc)

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NOTICE TO LENDER AND RIGHT TO CURE. Tenant shall provide written notice to Lender of any default by Borrower under the Lease or any other act or omission by Borrower under the Lease which could give Tenant the right to terminate the Lease and/or xxxxx axxxx or make a deduction from amounts payable by Tenant under the Lease, which notice may be a copy of Tenant’s notice to Borrower, and Tenant agrees that no notice of termination of the Lease and no notice of abatement of or deduction from rent shall be effective unless Lender shall have received written notice of the default, act or omission giving rise to such termination, abatement or rent deduction and shall have failed to cure such default, act or omission within thirty (30) days after receipt of such notice to cure such default, act or omission or if such default, act or omission cannot be cured within thirty (30) days, shall have failed within thirty (30) days after receipt of such notice to commence and thereafter diligently pursue any action necessary to cure such default, act or omission to completion, including, without limitation, any action to obtain possession of the Property. Notwithstanding the foregoing, Lender shall have no obligation to cure any such default, act or omission. Tenant shall give such notice to Lender at its address set forth below or at such other address as Lender shall specify from time to time.

Appears in 1 contract

Samples: Lease Agreement (Vnus Medical Technologies Inc)

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