TENANT'S Right to cure LANDLORD'S Default. In the event that Landlord shall fail, refuse or neglect to pay any mortgages, liens or encumbrances, the judicial sale of which might affect the interest of Tenant hereunder, or shall fail, refuse or neglect to pay any interest due or payable on any such mortgage, lien or encumbrance, Tenant may pay said mortgages, liens or encumbrances, or interest or perform said conditions and charge to Landlord the amount so paid and withhold and deduct from any rents herein reserved such amounts so paid, and any excess over and above the amounts of said rents shall be paid by Landlord to Tenant.
TENANT'S Right to cure LANDLORD'S Default. If, after Notice to Landlord of default, Landlord (or any first mortgagee or first deed of trust beneficiary of Landlord) fails to cure the default as provided herein, then Tenant shall have the right to cure that default at Landlord’s expense. Tenant shall not have the right to terminate this Lease or to withhold, reduce or offset any amount against any payments of Rent or any other charges due and payable under this Lease except as otherwise specifically provided herein. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair.
TENANT'S Right to cure LANDLORD'S Default. Landlord shall be in default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after notice of the default has been given by Tenant to Landlord. If the default cannot reasonably be cured within thirty days, Landlord shall not be in default of this Lease if Landlord commences to cure the default within the thirty day period and diligently and in good faith continues to cure the default. Tenant, at any time after Landlord commits a default, can cure the default at Landlord's cost. If Tenant, at any time, by reason of Landlord's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Tenant shall be due immediately from Landlord to Tenant at the time the sum is paid, and if paid at a later date shall bear interest at the rate of twelve percent (12%) per annum from the date the sum is paid by Tenant until Tenant is reimbursed by Landlord. Tenant shall have the right to withhold from future rent due any sums Tenant has paid.
TENANT'S Right to cure LANDLORD'S Default. Landlord shall be in default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within fifteen (15) days after notice of the default has been given by Tenant to Landlord. If the default cannot reasonably be cured within fifteen (15) days, Landlord shall not be in default of this Lease if Landlord commences to cure the default within the 15-day period and diligently and in good faith continues to cure the default.
TENANT'S Right to cure LANDLORD'S Default. Landlord shall be in default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after written notice of the default has been given by Tenant to Landlord. If the default cannot be reasonably cured within thirty (30) days, Landlord shall not be in default of this Lease if Landlord commences to cure the default within thirty (30) days, and diligently and in good faith continues to cure the default. Tenant, at any time after Landlord commits a default, can cure the default at Landlord’s cost. If Tenant, at any time, by reason of Landlord’s default, pays any sum or does any act that requires the payment of any sum, the sum paid by Tenant shall be due immediately from Landlord to Tenant at the time the sum is paid.
TENANT'S Right to cure LANDLORD'S Default. If Landlord defaults in the performance of any provision of this Lease, Tenant shall have the right (but not the obligation) in addition to any and all others rights and remedies available to Tenant at law or in equity, to cure such default on behalf of Landlord, upon ten (10) days' prior written notice to Landlord unless such cure cannot be made within such period in which event Landlord shall have such additional time as may be required to complete such cure so long as Landlord commences and is diligently pursuing such cure, except that in an emergency, Tenant may cure such default without prior notice to Landlord. Upon receipt from Tenant of notice of such cure and demand for payment, Landlord shall repay any payment or expenditure made by Tenant, on or before the date the next monthly installments of rent is due. Tenant's failure to exercise its right to cure such default(s) shall not be deemed a breach of this Lease nor a waiver or release of any of Landlord's obligations under this Lease. SECTION 30
TENANT'S Right to cure LANDLORD'S Default. If Landlord fails to perform any covenant or agreement herein undertaken and to be performed on Landlord's part, then, if the failure or default continues for thirty (30) days after written notice to Landlord thereof (except if such failure cannot be cured during such thirty (30) day period due to reasons beyond Landlord's reasonable control (financial condition excepted) and Landlord commences such cure during such thirty (30) day period and diligently prosecutes such cure to completion), Tenant may, but shall have no obligation to, pay the same and cure such default on behalf of and at the expense of Landlord and do all necessary work and make all necessary payments in connection therewith including, but not limited to, the payment of reasonable attorneys' fee incurred by Tenant, and upon demand Landlord will reimburse Tenant for the amount so paid, together with interest at the rate of ten percent (10%) per annum (but in no event in excess of the maximum rate allowed by law).
TENANT'S Right to cure LANDLORD'S Default. In the event that ----------------------------------------- Landlord shall fail, refuse or neglect to pay any mortgages, liens or encumbrances, the judicial sale of which might affect the interest of Tenant hereunder, or shall fail, refuse or neglect to pay any interest due or payable on any such mortgage, lien or encumbrance, Tenant may pay said mortgages, liens or encumbrances, or interest or perform said conditions and charge to Landlord the amount so paid and withhold and deduct from any rents herein reserved such amounts so paid, and any excess over and above the amounts of said rents shall be paid by Landlord to Tenant.
TENANT'S Right to cure LANDLORD'S Default. Landlord shall be in default of this Lease if it fails or refuses to perform any provision of this Lease that it is obligated to perform if the failure to perform is not cured within thirty (30) days after notice of the default has been given by Tenant to Landlord and to Landlord's Lender, if Landlord has delivered notice to Tenant of the Lender's name and address for notice. If the default cannot reasonably be cured within thirty (30) days, Landlord shall not be in default of this Lease if Landlord commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. Tenant, at any time after Landlord commits a default, can cure the default at Landlord's cost. If Tenant at any time, by reason of Landlord's default, pays any sum or does any act that requires the payment of any sum, the sum paid by Tenant shall be due immediately from Landlord to Tenant at the time the sum is paid and if paid at a later date shall bear interest at the Lease Interest Rate from the date that the sum is paid by Tenant until Tenant is reimbursed by Landlord. If Landlord is in default of this Lease, Tenant shall have the right to have a receiver appointed to operate the Building in place of Landlord, including the collection of all rents due Landlord. Neither the filing of a petition for the appointment of a receiver nor the appointment itself shall constitute an election by or allow Tenant to terminate this Lease. Anything in this Lease to the contrary notwithstanding, Tenant's sole remedy upon any default by Landlord (other than the appointment of a receiver as specified above) shall be the collection of money damages from Landlord and Tenant shall have no right to terminate this Lease except in the case of Landlord's failure to restore the Premises as required by Section XIII.
TENANT'S Right to cure LANDLORD'S Default. If an Event of Default by Landlord shall have occurred and be continuing, Tenant, after Notice to Landlord (which Notice shall not be required if Tenant shall reasonably determine immediate action is necessary to protect person or property), without waiving or releasing any obligation of Landlord and without waiving or releasing any Event of Default by Landlord, may (but shall not be obligated to), at any time thereafter, make such payment or perform such act for the account and at the expense of Landlord. All reasonable costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred by Tenant in connection therewith, together with interest thereon (to the extent permitted by Applicable Law) at the Default Rate from the date such sums are paid by Tenant until repaid, shall be paid by Landlord to Tenant, on demand.
