Common use of Performance by Lessee on Behalf of Lessor Clause in Contracts

Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breach within 30 days after receipt of said notice, or if having commenced said cure they do not diligently pursue it to completion as soon as reasonably practicable, then Lessee may elect to cure said breach at Lessee’s expense and offset from Rent the actual and reasonable cost to perform such cure reserving Lessee’s right to seek reimbursement from Lessor for any such expense in excess, if any, of the amount that Lessee offsets against Rent. Lessee shall document the cost of said cure and supply said documentation to Lessor. Notwithstanding the foregoing, if an emergency situation exists, Lessee may immediately take such actions as are required to mitigate the situation, and Lessor shall, within five (5) days after demand by Lessee, reimburse Lessee for Lessee’s costs in doing so.

Appears in 2 contracts

Sources: Lease (SeaSpine Holdings Corp), Lease Agreement (SeaSpine Holdings Corp)