Common use of Cure by Landlord Clause in Contracts

Cure by Landlord. If Tenant fails to perform any of Tenant’s obligations, agreements, or covenants under this Lease, and if Tenant does not cure such failure within 30 days after written notice from Landlord specifying the failure or, for those failures that are incapable of being cured within such 30-day period, if Tenant fails to commence such cure within said 30-day period and thereafter to diligently pursue such cure to completion, Landlord, at Landlord’s sole option, without waiving or limiting any claim for damages, and at any time thereafter, has the right to perform such obligation of Tenant, provided that Landlord, after notice to Tenant (including telephonic notice), has the right to cure any such failure before the expiration of the waiting period described above if the curing of such breach before the expiration of the waiting period is reasonably necessary to prevent injury or damage to persons or property, including Xxxxxxxx's interest in the Premises or Building. If Landlord makes any expenditure or incurs any obligation for the payment of money in order to cure Xxxxxx’s failure to perform, such sums paid or obligations incurred, to the extent they are reasonable, are due from Tenant to Landlord as additional rent. Xxxxxxxx must deliver to Tenant an itemized statement of all costs that Landlord incurs to cure Xxxxxx’s failure to perform, together with copies of all bills, invoices, receipts, and other documents evidencing such costs. Tenant must pay any additional rent due by reason of such costs with the second installment of Rent due after Landlord delivers such statement to Tenant.

Appears in 3 contracts

Samples: www.massschoolbuildings.org, www.massschoolbuildings.org, www.bidnet.com

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Cure by Landlord. If Tenant fails to perform any of Tenant’s obligations, agreements, or covenants under this Lease, and if Tenant does not cure such failure within 30 days after written notice from Landlord specifying the failure or, for those failures that are incapable of being cured within such 30-day period, if Tenant fails to commence such cure within said 30-day period and thereafter to diligently pursue such cure to completion, Landlord, at Landlord’s sole option, without waiving or limiting any claim for damages, and at any time thereafter, has the right to perform such obligation of Tenant, provided that Landlord, after notice to Tenant (including telephonic notice), has the right to cure any such failure before the expiration of the waiting period described above if the curing of such breach before the expiration of the waiting period is reasonably necessary to prevent injury or damage to persons or property, including XxxxxxxxLandlord's interest in the Premises or Building. If Landlord makes any expenditure or incurs any obligation for the payment of money in order to cure Xxxxxx’s failure to perform, such sums paid or obligations incurred, to the extent they are reasonable, are due from Tenant to Landlord as additional rent. Xxxxxxxx must deliver to Tenant an itemized statement of all costs that Landlord incurs to cure Xxxxxx’s failure to perform, together with copies of all bills, invoices, receipts, and other documents evidencing such costs. Tenant must pay any additional rent due by reason of such costs with the second installment of Rent due after Landlord delivers such statement to Tenant.

Appears in 1 contract

Samples: Lease Agreement

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Cure by Landlord. If an Event of Default occurs, Landlord shall have the immediate right, in addition to all rights and remedies outlined in this Section 14.2 (Remedies), after thirty (30) days prior written notice to Tenant and its failure to cure within said period, to cure the Event of Default for the account of and at the cost and expense of Tenant, and the full amount so expended by Landlord, plus interest thereon at the annual rate equal to two percent (2%) above the then current present rate announced by Mercantile Safe Deposit & Trust Company, shall immediately be due and owing by Tenant to Landlord as additional rental hereunder. Landlord’s cure of the Event of Default shall not cure Tenant’s Event of Default. Landlord Default - If Tenant fails believes that Landlord has breached or failed to perform comply with any provision of this Lease applicable to Landlord, Tenant shall give written notice to Landlord describing the alleged breach or non-compliance. Landlord will not be deemed in default under this Lease if Landlord cures the breach or non-compliance within fifteen (15) days after receipt of Tenant’s obligations, agreements, or covenants under this Lease, and if Tenant does not cure such failure within 30 days after written notice from Landlord specifying the failure or, for those failures that are incapable of being if the same cannot reasonably be cured within such 30-fifteen (15) day period, if Tenant fails Landlord in good faith commences to commence cure such cure breach or non-compliance within said 30-day such period and thereafter to then diligently pursue such pursues the cure to completion, Landlord, at Landlord’s sole option, without waiving or limiting . Tenant also will send a copy of such notice to the holder of any claim for damages, Mortgage of whom Tenant has been notified in writing and at any time thereafter, has such holder also will have the right to perform such obligation cure the breach or non-compliance within the period of time described above. Without modifying the cure period set forth above, Landlord and any Mortgagee will use commercially reasonable efforts to remedy any breach or failure to comply with this Lease that adversely affects Tenant, provided that ’s use or access to the Premises as soon as possible. Tenant’s Remedies - Time shall be of the essence hereof. If Landlord breaches or fails to comply with any provision of this Lease applicable to Landlord, after notice and such breach or non-compliance is not cured within the period of time described in Section 14.3 hereof, then Tenant may exercise any right or remedy available to Tenant (including telephonic notice)at law or in equity expressly including, has but not by way of limitation, the right to cure any such failure before the expiration of the waiting period described above if the curing of such breach before the expiration of the waiting period is reasonably necessary to prevent injury or damage to persons or property, including Xxxxxxxx's interest in the Premises or Building. If Landlord makes any expenditure or incurs any obligation defaults for the payment account of money in order and at the cost and expense of Landlord, and the full amount so expended by Tenant, plus interest thereon at the annual rate equal to cure Xxxxxx’s failure to perform, such sums paid or obligations incurred, to 2% above the extent they are reasonable, are then current prime rate announced by Mercantile Safe Deposit and Trust Company immediately shall be due from Tenant to and owing by Landlord as additional rent. Xxxxxxxx must deliver to Tenant an itemized statement and upon the failure of all costs that Landlord incurs to cure Xxxxxx’s failure make payment thereof within ten (10) days after written request therefore, Tenant shall have the right to perform, together with copies of all bills, invoices, receipts, and other documents evidencing such costs. Tenant must pay offset the same against any additional rent due by reason of such costs with the second installment of Rent due after Landlord delivers such statement to Tenantrental hereafter falling due.

Appears in 1 contract

Samples: Lease Agreement (Mercantile Bankshares Corp)

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