Common use of By the STATE Clause in Contracts

By the STATE. Subject to Force Majeure as provided in Section 11.4, the occurrence of any of the following events shall constitute a State Event of Default: 11.1.1.1 The State fails to cure its breach of a non-monetary obligation under this Agreement within thirty (30) days after the State receives notice from BREP of the breach; provided, that if such breach cannot reasonably be cured during such 30-day period, the State will be entitled to an additional thirty (30)-day period within which to cure its breach, so long as it will have begun to cure such breach within the initial thirty (30)-day period and is diligently pursuing such cure; 11.1.1.2 The State fails to make any monetary payment due BREP under this Agreement within thirty (30) days after the State receives notice from BREP of such payment being past due; or 11.1.1.3 There shall occur a Lessor Event of Default under the ▇▇▇▇ Center Plant Lease (as such term is defined therein).