Right of Cure. (a) If Tenant shall default in the observance or performance of any term or covenant of this Lease, Landlord may, after ten (10) business days written notice to Tenant to cure the default and failure of Tenant to cure the same within such period, or at any time thereafter without notice in event of emergency, perform the same for the account of Tenant. If Landlord makes any expenditures or incurs any obligations in connection with a default by Tenant, including, but not limited to, reasonable attorneys’ fees in instituting, prosecuting or defending any action or proceeding against Tenant, such sums paid or obligations incurred, with interest (as provided below) and costs, shall be paid by Tenant to Landlord as Additional Rent hereunder. (b) Any Rent not paid by Tenant within ten (10) days after the due date thereof, shall thereafter be payable with interest at the rate of 3% per annum in excess of the prime or base rate of Fleet Bank, N.A. (or its successor) in effect as of the due date, from the due date to the date of payment. (c) Cure by Landlord pursuant to this Article 18 shall not vitiate or constitute waiver by Landlord of the Tenant’s default.
Appears in 1 contract
Sources: Lease (Replidyne Inc)
Right of Cure. (a) If Tenant shall default in the observance or performance of any term or covenant of this Lease, Landlord may, after ten (10) business days days' written notice to Tenant to cure the default and failure of Tenant to cure the same within such period, or at any time thereafter without notice in event of emergency, perform the same for the account of Tenant. If Landlord makes any expenditures or incurs any obligations in connection with a default by Tenant, including, but not limited to, reasonable attorneys’ ' fees in instituting, prosecuting or defending any action or proceeding against Tenant, such sums paid or obligations incurred, with interest (as provided below) and costs, shall be paid by Tenant to Landlord as Additional Rent hereunder.
(b) Any Rent not paid by Tenant within ten (10) 5 days after the due date thereof, shall thereafter be payable with interest at the rate of 3% per annum in excess of the prime or base rate of Fleet Bank, N.A. (or its successor) in effect as of the due date, from the due date to the date of payment.
(c) Cure by Landlord pursuant to this Article 18 shall not vitiate or constitute waiver by Landlord of the Tenant’s 's default.
Appears in 1 contract
Sources: Lease (Matrixone Inc)