Common use of CURING TENANT'S DEFAULTS Clause in Contracts

CURING TENANT'S DEFAULTS. 32.01. If Tenant shall default in the performance of any of Tenant's obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten (10) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's fees and expenses, involved in collecting or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting legal proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 may be sent by Landlord to Tenant monthly, or immediately at Landlord's option and such amounts shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

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CURING TENANT'S DEFAULTS. 32.0129.01. If Tenant shall default in the performance of any of Tenant's obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten fifteen (1015) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's attorneys' fees and expenses, involved in collecting or endeavoring to collect the Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting legal summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 of three percent (3%) per month or the maximum rate permitted by law, whichever is less, may be sent by Landlord to Tenant monthly, or immediately immediately, at Landlord's option option, and such amounts shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Lower Road Associates LLC

CURING TENANT'S DEFAULTS. 32.01. 29.01 - If Tenant shall default in the performance of any of Tenant's obligations under this Leasecovenant, Landlordagreement, term, provision or condition herein contained, Landlord without thereby waiving such default, may (but shall not be obligated to) perform the same for the account of and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten fifteen (1015) days from the date of the giving by Landlord gives to Tenant of written notice of the such default. Bills for any expenses reasonable and necessary expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and reasonable and necessary bills for all costs, expenses and disbursements of every kind and nature whatsoeverdisbursements, including (without being limited to) reasonable attorney's fees and expensescounsel fee, involved incurred in collecting or endeavoring to enforce collect the Minimum Rent or Additional Rent or other charge or any part thereof, or enforcing or endeavoring to enforce, any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease Lease, or pursuant to law, including (without being limited to any such cost, expense and disbursement involved in instituting and prosecuting legal proceedings summary proceedings, as well as bills for any property, material, labor or in recovering possession of the Demised Premises after default services provided, furnished or rendered, or caused to be provided, furnished or rendered, by Landlord to Tenant and any charges for other services incurred by Tenant or upon the expiration of the Term or sooner termination of under this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 may be sent by Landlord to Tenant monthly, or immediately immediately, at LandlordLandlords's option option, and such amounts shall be due and payable in accordance with the terms of such bills.by

Appears in 1 contract

Samples: Sublease Agreement (Nelson Communications Inc)

CURING TENANT'S DEFAULTS. 32.01. 32.01 If Tenant shall default in the performance of any of Tenant's ’s obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten fifteen (1015) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's attorneys’ fees and expenses, involved in collecting or endeavoring to collect the Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's ’s obligations hereunder, under or in connection with this Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting legal summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 of 4% percent per month or the maximum rate permitted by law, whichever is less, may be sent by Landlord to Tenant monthly, or immediately immediately, at Landlord's option ’s option, and such amounts shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Lease Agreement (Sungard Data Systems Inc)

CURING TENANT'S DEFAULTS. 32.01. If Tenant shall default in the performance of any of Tenant's obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten thirty (1030) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's attorneys' fees and expenses, involved in collecting or endeavoring to collect the Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting legal summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 Late Payment Rate, may be sent by to Landlord to Tenant monthly, or immediately immediately, at Landlord's option option, and such amounts among shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Agreement (Paine Webber Group Inc)

CURING TENANT'S DEFAULTS. 32.0130.01. If Tenant shall default in the performance of any of Tenant's obligations under this Lease after the applicable notice and cure periods provided in this Lease, if any, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten fifteen (1015) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's attorneys' fees and expenses, involved in collecting or endeavoring to collect the Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease or pursuant to law, including any such reasonable cost, expense and disbursement involved in instituting and prosecuting legal summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest Late Payment Rate or the maximum rate provided in Section 3.05 permitted by law, whichever is less, may be sent by Landlord to Tenant monthly, or immediately immediately, at Landlord's option option, and such amounts shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Separation Agreement (Jenna Lane Inc)

CURING TENANT'S DEFAULTS. 32.01. If Tenant shall default in the performance of any of Tenant's obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten forty-five (1045) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's attorneys' fees and expenses, involved in collecting or endeavoring to collect the Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting legal summary proceedings or in recovering possession of the Demised Premises Building after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 Late Payment Rate, may be sent by Landlord to Tenant monthly, or immediately immediately, at Landlord's option option, and such amounts shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Attornment Agreement (Paine Webber Group Inc)

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CURING TENANT'S DEFAULTS. 32.01. If Tenant shall default in the performance of any of Tenant's obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten fifteen (1015) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's attorneys' fees and expenses, involved in collecting or endeavoring to collect the Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting legal summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 of 4% percent per month or the maximum rate permitted by law, whichever is less, may be sent by Landlord to Tenant monthly, or immediately immediately, at Landlord's option option, and such amounts shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Styrochem International LTD

CURING TENANT'S DEFAULTS. 32.0130.01. If Tenant shall default in the performance of any of Tenant's obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten fifteen (1015) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costs, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's attorneys' fees and expenses, involved in collecting or endeavoring to collect the Rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting legal summary proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest Late Payment Rate or the maximum rate provided in Section 3.05 permitted by law, whichever is less, may be sent by Landlord to Tenant monthly, or immediately immediately, at Landlord's option option, and such amounts shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Lease Modification Agreement (Kasper a S L LTD)

CURING TENANT'S DEFAULTS. 32.01. If Tenant shall default in the performance of any of Tenant's ’s obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, without notice in a case of emergency, and in any other case only if such default continues after the expiration of ten (10) days from the date Landlord gives Tenant notice of the default. Bills for any expenses incurred by Landlord in connection with any such performance by it for the account of Tenant, and bills for all costscoats, expenses and disbursements of every kind and nature whatsoever, including reasonable attorney's ’s fees and expenses, involved in collecting or endeavoring to enforce any rights against Tenant or Tenant's ’s obligations hereunder, under or in connection with this Lease or pursuant to law, including any such cost, expense and disbursement involved in instituting and prosecuting legal proceedings or in recovering possession of the Demised Premises after default by Tenant or upon the expiration of the Term or sooner termination of this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 may be sent by Landlord to Tenant monthly, or immediately at Landlord's ’s option and such amounts shall be due and payable in accordance with the terms of such bills.

Appears in 1 contract

Samples: Lease Agreement (Eschelon Telecom Inc)

CURING TENANT'S DEFAULTS. 32.01. If Tenant shall default in the performance of any of Tenant's obligations under this Leasecovenant, agreement, term, provision or condition herein contained, Landlord, without thereby waiving such default, default may (but shall not be obligated to) perform the same for the account and at the expense of TenantTen ant, without notice in a the case of emergency, emergency and in any other case only if such default continues after the expiration of ten (10) days from the date Landlord gives Tenant notice applicable grace period provided for in Article 19 of the default. Bills this Lease or if an emergency exists, bills for any expenses expense incurred by Landlord in connection with any such performance by it Landlord for the account of Tenant, and bills xxxx for all costs, expenses and disbursements of every kind and nature whatsoever, including including, but not limited to, reasonable attorney's fees and expensescounsel fees, involved in collecting or endeavoring to collect the rent or any part thereof or enforcing or endeavoring to enforce any rights against Tenant or Tenant's obligations hereunder, under or in connection with this Lease Lease, or pursuant to law, including (without being limited to) any such cost, expense and disbursement involved in instituting and prosecuting legal proceedings summary proceedings, as well as bills for any material, labor or in recovering possession services provided, furnished or rendered, or caused to be provided, furnished or rendered, by Landlord to Tenant including (without being limited to) electric lamps and other equipment, construction work done for the account of the Demised Premises after default by Tenant Tenant, as well as for any charges for any additional building services incurred under Article 10 hereof and any charges for other similar or upon the expiration of the Term or sooner termination of dissimilar services incurred under this Lease, including attorneys fees and costs for any bankruptcy proceedings, and interest on all sums advanced by Landlord under this Article at the interest rate provided in Section 3.05 may be sent by Landlord to Tenant monthly, or immediately immediately, at Landlord's option ’s option, and such amounts shall be due and payable in accordance with the terms of such said bills, and if not paid when due, the amounts thereof shall immediately become due and payable as additional rent under this Lease.

Appears in 1 contract

Samples: Agreement of Lease (Tangoe Inc)

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