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. 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 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 timely payment as called for in this loan agreement, BORROWER may cure the default by either: (i) making full payment of any principal and accrued interest (including interest on these amounts) whose payment to LENDER is overdue under the loan agreement and, also, the late-payment penalty described below; or (ii) release collateral to LENDER as described in paragraph B “Collateral”, above.
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. 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. Lessor agrees that in the event of any default or event of default by Tenant under the Lease, or in the event Tenant shall fail to perform or observe any of the terms, conditions or agreements required to be performed by Tenant pursuant to the Lease, Lessor shall give written notice thereof to Subtenant, at the address set forth below (or such other address as Subtenant may indicate by notice hereafter to Lessor in writing). Subtenant shall have the right (but not the obligation) to cure such default or failure within thirty (30) days following receipt of such notice from Lessor; and Lessor shall not take any action with respect to such failure under the Lease, including, without limitation, any action intended to terminate, rescind or avoid the Lease, for such period of thirty (30) days after receipt of such written notice by Subtenant; provided, however, that in the case of any non-monetary default which cannot with diligence be cured within said thirty (30) day period, if Subtenant shall proceed promptly to initiate measures to cure such failure and thereafter prosecute the curing of such failure with diligence and continuity, the time within which such failure may be cured shall be extended for such period as may be necessary to complete the curing of such failure with diligence and continuity, not to exceed one hundred eighty (180) days following the occurrence of the non- monetary default. Without limiting the foregoing, Lessor agrees that no default and no termination of the Lease in connection therewith shall be effective unless notice shall first have been given to Subtenant in accordance with the terms of this agreement. Lessor further agrees that where any default under the Lease is not capable of or subject to cure, or in the event of the bankruptcy or insolvency of Tenant, Subtenant shall have the option (upon written notice to Lessor) to enter into a new lease with Lessor on substantially the same terms as the Lease for the then remaining term of the Lease following the termination of the Lease by Lessor or the rejection of the Lease by a bankruptcy trustee under applicable laws. Subtenant shall not be obligated to Lessor to perform the obligations of Tenant under the Lease unless and until Subtenant executes a written assumption of said obligations.
Cure of Default. The 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, neither the Agent nor the Lenders shall incur any liability to the Borrower if any such action taken by the Agent or the Lenders or 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 Agent and the Lenders 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 Agent or the Lenders in connection therewith or arising therefrom.
Cure of Default. Upon default, LENDER shall give BORROWER written notice of default. Mailing of written notice by ▇▇▇▇▇▇ to BORROWER via U.S. Postal Service Certified Mail shall constitute prima facie evidence of delivery. BORROWER shall have 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 timely payment as called for in this loan agreement, BORROWER may cure the default by either: (i) making full payment of any principal and accrued interest (including interest on these amounts) whose payment to LENDER is overdue under the loan agreement and, also, the late-payment penalty described below; or (ii) release collateral to LENDER as described in paragraph B “Collateral”, above.
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. 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.