Common use of Tenant’s Right to Cure Clause in Contracts

Tenant’s Right to Cure. If Landlord shall at any time fail to perform any of Landlord's obligations in accordance with the provisions of this Lease relating to the Premises and Tenant has provided Landlord and any mortgagee on the Property of which Tenant has been give notice, with thirty (30) days written notice to cure such default and Landlord or Landlord's mortgagee does not commence the cure of such failure as soon as reasonably practicable and thereafter diligently prosecute such cure to completion, then Tenant shall have the right, but not the obligation, to cure any such default for the account of Landlord. If Tenant shall undertake such performance, Landlord shall reimburse Tenant for all costs and expenses reasonably incurred by Tenant in connection with such performance within thirty (30) days after receipt of an invoice therefor from Tenant (together with any such back up documentation reasonably requested by Landlord). If Landlord fails to reimburse Tenant within said thirty (30) day period, then Tenant shall be entitled to offset the unreimbursed costs against fifteen percent (15%) of the monthly Fixed Rent due hereunder until such costs due to Tenant hereunder have been reimbursed in full.

Appears in 1 contract

Samples: Attornment Agreement (Rsa Security Inc/De/)

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Tenant’s Right to Cure. If Landlord shall at any time fail to perform any of Landlord's obligations in accordance with the provisions of this Lease relating to the Premises and Tenant has provided Landlord and any mortgagee on the Property of which Tenant has been give notice, with thirty (30) days written notice to cure such default and Landlord or Landlord's mortgagee does not commence the cure of such failure as soon as reasonably practicable and thereafter diligently prosecute such cure to completion, then Tenant shall have the right, but not the obligation, to cure any such default for the account of Landlord. If Tenant shall undertake such performance, Landlord shall reimburse Tenant for all costs and expenses reasonably incurred by Tenant in connection with 57 such performance within thirty (30) days after receipt of an invoice therefor from Tenant (together with any such back up documentation reasonably requested by Landlord). If Landlord fails to reimburse Tenant within said thirty (30) day period, then Tenant shall be entitled to offset the unreimbursed costs against fifteen percent (15%) of the monthly Fixed Rent due hereunder until such costs due to Tenant hereunder have been reimbursed in full.

Appears in 1 contract

Samples: And Attornment Agreement (Rsa Security Inc/De/)

Tenant’s Right to Cure. If Landlord shall at any time fail fails to perform or observe any of the obligations on Landlord's obligations in accordance with the provisions of ’s part to be performed or observed pursuant to this Lease relating to the Premises Lease, and Tenant has provided Landlord and any mortgagee on the Property of which Tenant has been give notice, with such failure continues for thirty (30) days after written notice thereof is sent by Tenant to cure such default and Landlord or Landlord's mortgagee does not commence the cure informing Landlord of such failure as soon as reasonably practicable and thereafter diligently prosecute such cure to completionfailure, then Tenant Landlord shall have be deemed to be in default under this Lease; provided, however, that if the right, but not the obligation, failure set forth in Tenant’s notice is such that it requires more than thirty (30) days to cure any such default for the account of Landlord. If Tenant shall undertake such performancecorrect, Landlord shall reimburse Tenant for all costs not be deemed to be in default hereunder if Landlord: (i) promptly and expenses reasonably incurred by Tenant in connection with such performance diligently commences curing the failure within thirty (30) days after receipt written notice is sent by Tenant to Landlord informing Landlord of an invoice therefor from Tenant such failure; and (together with any such back up documentation reasonably requested by Landlord). If Landlord fails ii) diligently prosecutes the cure to reimburse Tenant within said completion following the expiration of the original thirty (30) day periodperiod set forth herein. Upon such default by Landlord, then Tenant may, in addition to any remedies available to it at law or in equity, perform the same for and on behalf of Landlord, the cost of which performance, upon the proper payment thereof, together with all interest and penalties necessarily paid in connection therewith and any and all other damages incurred by Tenant as a result of any such default, shall be entitled to offset the unreimbursed costs against fifteen percent (15%) of the monthly Fixed Rent due hereunder until such costs due paid to Tenant hereunder have been reimbursed by Landlord upon demand, with interest thereon at the rate set forth in fullSection 18, from the date of each expenditure. 16.4.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Right to Cure. If Landlord shall at any time fail fails to perform or observe any of the obligations on Landlord's obligations in accordance with the provisions of ’s part to be performed or observed pursuant to this Lease relating to the Premises Lease, and Tenant has provided Landlord and any mortgagee on the Property of which Tenant has been give notice, with such failure continues for thirty (30) days after written notice thereof is sent by Tenant to cure such default and Landlord or Landlord's mortgagee does not commence the cure informing Landlord of such failure as soon as reasonably practicable and thereafter diligently prosecute such cure to completionfailure, then Tenant Landlord shall have be deemed to be in default under this Lease; provided, however, that if the right, but not the obligation, failure set forth in Tenant’s notice is such that it requires more than thirty (30) days to cure any such default for the account of Landlord. If Tenant shall undertake such performancecorrect, Landlord shall reimburse Tenant for all costs not be deemed to be in default hereunder if Landlord: (i) promptly and expenses reasonably incurred by Tenant in connection with such performance diligently commences curing the failure within thirty (30) days after receipt written notice is sent by Tenant to Landlord informing Landlord of an invoice therefor from Tenant such failure; and (together with any such back up documentation reasonably requested by Landlord). If Landlord fails ii) diligently prosecutes the cure to reimburse Tenant within said completion following the expiration of the original thirty (30) day periodperiod set forth herein. Upon such default by Landlord, then Tenant may, in addition to any remedies available to it at law or in equity, perform the same for and on behalf of Landlord, the cost of which performance, upon the proper payment thereof, together with all interest and penalties necessarily paid in connection therewith and any and all other damages incurred by Tenant as a result of any such default, shall be entitled paid to offset Tenant by Landlord upon demand, with interest thereon at the unreimbursed costs against fifteen percent (15%) rate set forth in paragraph 7 of the monthly Fixed Rent due hereunder until such costs due to Tenant hereunder have been reimbursed in fullLease, from the date of each expenditure.

Appears in 1 contract

Samples: Lease Agreement (Novavax Inc)

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Tenant’s Right to Cure. If Landlord shall at any time fail fails to perform or observe any of the obligations on Landlord's obligations in accordance with the provisions of ’s part to be performed or observed pursuant to this Lease relating to the Premises Lease, and Tenant has provided Landlord and any mortgagee on the Property of which Tenant has been give notice, with such failure continues for thirty (30) days after written notice thereof is sent by Tenant to cure such default and Landlord or Landlord's mortgagee does not commence the cure informing Landlord of such failure as soon as reasonably practicable and thereafter diligently prosecute such cure to completionfailure, then Tenant Landlord shall have be deemed to be in default under this Lease; provided, however, that if the right, but not the obligation, failure set forth in Tenant’s notice is such that it requires more than thirty (30) days to cure any such default for the account of Landlord. If Tenant shall undertake such performancecorrect, Landlord shall reimburse Tenant for all costs not be deemed to be in default hereunder if Landlord: (i) promptly and expenses reasonably incurred by Tenant in connection with such performance diligently commences curing the failure within thirty (30) days after receipt written notice is sent by Tenant to Landlord informing Landlord of an invoice therefor from Tenant such failure; and (together with any such back up documentation reasonably requested by Landlord). If Landlord fails ii) diligently prosecutes the cure to reimburse Tenant within said completion following the expiration of the original thirty (30) day periodperiod set forth herein. Upon such default by Landlord, then Tenant may, in addition to any remedies available to it at law or in equity, perform the same for and on behalf of Landlord, the cost of which performance, upon the proper payment thereof, together with all interest and penalties necessarily paid in connection therewith and any and all other damages incurred by Tenant as a result of any such default, shall be entitled to offset the unreimbursed costs against fifteen percent (15%) of the monthly Fixed Rent due hereunder until such costs due paid to Tenant hereunder have been reimbursed by Landlord upon demand, with interest thereon at the rate set forth in fullSection 18, from the date of each expenditure.

Appears in 1 contract

Samples: Lease Agreement (Novavax Inc)

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