Cure of Default Sample Clauses
The "Cure of Default" clause outlines the process by which a party that has failed to meet its contractual obligations (a default) can remedy the situation and avoid further penalties or termination of the agreement. Typically, this clause specifies a notice period during which the non-defaulting party must inform the defaulting party of the breach, and provides a set timeframe for the defaulting party to correct the issue, such as making a late payment or fulfilling a missed obligation. Its core practical function is to provide a fair opportunity for parties to resolve breaches before more severe consequences, like contract termination or legal action, are enforced, thereby promoting stability and cooperation in contractual relationships.
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Cure of Default. Upon default, LENDER shall give BORROWER written notice of default either in person or by mail. Mailing of written notice by LENDER to BORROWER via U.S. Postal Service Certified Mail shall constitute prima facie evidence of delivery. BORROWER shall have fifteen (15) days after receipt of written notice of default from LENDER to cure said default. In the case of default due solely to BORROWER’s failure to make a timely payment as called for in this Agreement, BORROWER may cure the default by making full payment of any principal and accrued interest (including interest on these amounts) whose payment to LENDER is overdue under the Agreement and, also, the late−payment penalty described below.
Cure of Default. The Lender and the Security Agent shall have the right, but shall not be obligated, from time to time while a Default or Event of Default shall have occurred and remain continuing, to take in its name or in the name of the Borrower or otherwise such action as it shall consider necessary or desirable to cure or rectify such Default or Event of Default and, in so doing, the Lender and the Security Agent shall not incur any liability to the Borrower if any such action taken by the Lender or the Security Agent on the Borrower's behalf shall prove to be in whole or in part inadequate or invalid and the Borrower shall indemnify and hold the Lender and the Security Agent harmless from and against any loss, costs, liability or expense (including, without limitation, reasonable fees on a solicitor and a solicitor's own client basis and disbursements of counsel) paid, suffered or incurred by the Lender and the Security Agent in connection therewith or arising therefrom.
Cure of Default. Any Default or Event of Default resulting from the failure to deliver a notice, report or certificate under the Indenture shall cease to exist and be cured in all respects if the underlying Default or Event of Default giving rise to such notice, report or certificate requirement shall have ceased to exist or be cured.
Cure of Default. Upon the occurrence of a default beyond any applicable cure period by Tenant hereunder, Landlord may, without judicial process and without having any liability therefor, enter upon the Premises and do whatever Tenant is obligated to do under the terms of this Lease and Tenant agrees to reimburse Landlord on demand for any expenses which Landlord may incur in effecting compliance with Tenant’s obligations under this Lease, and Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action, WHETHER CAUSED BY THE NEGLIGENCE OF LANDLORD OR OTHERWISE.
Cure of Default. With regard to default set forth in Sections 13.1.4, 13.1.5, 13.1.6, 13.1.7, 13.1.8, 13.1.9, 13.1.10 and 13.1.11 before County may pursue remedies set forth herein, such as termination under Section 13.2, it shall provide written notice to Contractor and Contractor shall have five (5) days to cure. With regard to events of default, set forth in Sections 13.1.1, 13.1.2, and 13.1.3, County may pursue remedies set forth herein, such as termination under Section 13.2 without providing Contractor an additional opportunity to cure.
Cure of Default. Notwithstanding any provision of the Funding Agreement or any other ARENA Project Document, the parties agree that a Default will be taken to be Cured for the purposes of this deed, the Funding Agreement or any other ARENA Project Document (as applicable) as follows: if the Default is a failure to pay to ARENA a sum of money when due for payment under the Funding Agreement, if that sum of money and any interest due and payable in accordance with the Funding Agreement is paid to ARENA within the applicable Cure Period; if the Default is an Insolvency Event in respect of the Recipient: the [Security Trustee/Financier] appoints an Enforcing Party over (or becomes a Controller in respect of) any of the assets of the Recipient or the shares in the Recipient; and either: there is no other Default continuing; or if there is another Default continuing, the [Security Trustee/Financier] or an Enforcing Party has demonstrated to the satisfaction of ARENA that it is taking diligent steps to pursue a remedy to that other Default, in each case within the applicable Cure Period; or within a reasonable time frame agreed between the parties, the [Security Trustee/Financier] implements an alternative arrangement which is reasonably acceptable to ARENA to Cure the Default; if the Default is a Change of Control of the Recipient which occurs during the Agreement Period without the prior written consent of ARENA (acting in accordance with the Funding Agreement): the [Security Trustee/Financier] appoints an Enforcing Party over (or becomes a Controller in respect of) the shares in the Recipient or any of the assets of the Recipient within the applicable Cure Period; and ARENA is satisfied that the [Security Trustee/Financier] or an Enforcing Party is taking diligent steps to as soon as reasonably practicable following the appointment of the Enforcing Party: transfer the shares in the Recipient to a Transferee in accordance with clause 5.3 (Enforcement of Financier Security); or assign all of the Recipient’s rights, title or interests in or to the Funding Agreement to a Transferee in accordance with clause 5.3 (Enforcement of Financier Security); or within a reasonable time frame agreed between the parties, the [Security Trustee/Financier] implements an alternative arrangement which is reasonably acceptable to ARENA to Cure the Default; if the Default: is not of a kind specified in paragraphs (a), (b) or (c) of this clause 8.3; and is capable of being remedied, the Default is rem...
Cure of Default. Upon the occurrence of a default hereunder by Tenant, Landlord may, upon any applicable notice and opportunity to cure, enter upon the Premises and do whatever Tenant is obligated to do under the terms of this Lease, and Tenant agrees to reimburse Landlord on demand for any direct and actual expenses which Landlord may incur in effecting compliance with Tenant’s obligations under this Lease, and Tenant further agrees that Landlord shall not be liable for any damages resulting to Tenant from such action, except for such damages caused by the gross negligence or willful misconduct of Landlord or its agents.
Cure of Default. If City shall elect to terminate this Covenant by reason of any Event of Default, and a Mortgagee shall have proceeded in the manner provided for by Section 14.6(c), this Covenant shall not be deemed terminated so long as such Mortgagee shall:
(i) Continue its good faith efforts to perform all of PWRF’s other obligations under this Covenant excepting (A) obligations of PWRF to satisfy or otherwise discharge any lien, charge or encumbrance against PWRF’s interest in the Land junior in priority to the lien of the Mortgage held by such Mortgagee, and (B) past non-monetary obligations then in default and not reasonably susceptible of being cured by such Mortgagee; and
(ii) If not enjoined or stayed, take steps to acquire or sell PWRF’s interest in the Land by foreclosure of the Mortgage or other appropriate means and prosecute the same with due diligence within the time period described in Section 14.6(c)(iii). Nothing in this Section 14.7(a), however, shall be construed to extend this Covenant beyond the original Term hereof, nor to require a Mortgagee to continue such foreclosure proceedings after the Event of Default has been cured. If the Event of Default shall be cured and the Mortgagee shall discontinue such foreclosure proceedings, this Covenant shall continue in full force and effect as if PWRF had not defaulted under this Covenant.
Cure of Default. Lessor shall accept performance by the holder of any mortgage, deed of trust, or assignment of any obligation of this Lease that Lessee is required to perform, with the same force and effect as if performed by Lessee, provided that at the time of that performance, Lessor is furnished with satisfactory evidence that the person, firm, or corporation tendering that performance or payment has the claimed interest in the Leased Property. The holder of a mortgage, deed of trust or assignment shall have ten (10) days after receipt of any notice of default within which to cure any default in the payment of rent or additional rent under this Lease, and a reasonable time (not less than thirty (30) days) within which to cure any other default.
Cure of Default. Except as provided by Section 2352.053(d)(3), (8), or (9), a manufacturer or distributor must give a dealer written notice of a default under Section 2352.0523 and allow the dealer to cure the default within a cure period as provided by Subsection (b).