Common use of Conditional Limitation Clause in Contracts

Conditional Limitation. A. If Tenant shall default in the payment of the rent reserved herein, or any item of additional rent herein mentioned, or any part of either during any three months, whether or not consecutive, in any twelve (12) month period, and (i) such default continued for more than five (5) days after written notice of such default by Landlord to Tenant and (ii) Landlord, after the expiration of such five (5) day grace period, served upon Tenant petitions and notices of petition to dispossess Tenant by summary proceedings in each such instance, then, notwithstanding that such defaults may have been cured prior to the entry of a judgment against Tenant, any further default In the payment of any money due Landlord hereunder which shall continue for more than five (6) days after Landlord shall give a written notice of such default shall be deemed to be deliberate and Landlord may thereafter serve 2 written three (3) days' notice of cancellation of this Lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this Lease and the term thereof, and Tenant shall then quit and surrender the Demised Premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Lease. B. In addition, if Tenant shall have defaulted in the performance of the same or a substantially similar covenant hereunder, other than a covenant for the payment of rent or additional rent, three times during any consecutive twelve (12) month period and Landlord, in each case shall have given a default notice in respect of such default, then, regardless of whether Tenant shall have cured such defaults within any applicable grace period, if Tenant shall again default in respect of the same or a substantially similar covenant hereunder within a twelve (12) month period after Landlord gave the second such default notice, Landlord, at its option, and without further notice to Tenant or opportunity for Tenant to cure such default, may elect to cancel this Lease by serving a written three (3) days' notice of cancellation of this Lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this Lease and the term hereof, and Tenant shall then quit and surrender the Demised Premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Lease.

Conditional Limitation. A. If Tenant shall default in the payment of the rent reserved herein, or any item of additional rent herein mentioned, or any part of either either, during any three two months, whether or not consecutive, in any twelve (12) month period, and (i) such default continued for more than five (5) days after written notice of such default by Landlord to Tenant Tenant, and (ii) Landlord, after the expiration of such five (5) day grace period, served upon Tenant petitions petition and notices notice of petition to dispossess Tenant by summary proceedings in each such instance, then, notwithstanding that such defaults may have been cured prior to the entry of a judgment against Tenant, any further default In in the payment of any money due Landlord hereunder which shall continue for more than five (65) days after Landlord landlord shall give a written notice of such default shall be deemed to be deliberate and Landlord may thereafter serve 2 a written three (3) days' ’ notice of cancellation of this Lease lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were was the day herein definitely fixed for the end and expiration of this Lease lease and the term thereof, and Tenant shall then quit and surrender the Demised Premises demised premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Lease. B. lease. In addition, if Tenant shall have defaulted in the performance of the same or a substantially similar covenant hereunder, other than a covenant for the payment of rent or additional rent, three times twice during any consecutive twelve (12) month period and Landlord, in each case case, shall have given a default notice in respect of such default, then, regardless of whether Tenant shall have cured such defaults within any applicable grace period, if Tenant shall again default in respect of the same or a substantially similar covenant hereunder within a twelve (12) month period after Landlord gave the second such default notice, Landlord, at its option, and without further notice to Tenant or opportunity for Tenant to cure such default, may elect to cancel this Lease lease by serving a written three (3) days' ’ notice of cancellation of this Lease lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this Lease lease and the term hereof, and Tenant shall then quit and surrender the Demised Premises demised premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Leaselease.

Conditional Limitation. A. If The occurrence of any one or more of the following events shall constitute an “Event of Default” hereunder: (a) should Tenant shall default in the fail to make any payment of the rent reserved herein, Annual Fixed Rent or Additional Rent or any item of additional rent herein mentioned, or any part of either during any three months, whether or not consecutive, in any twelve (12) month period, and (i) such default continued other sum payable hereunder when due which failure shall continue for more than five (5) days Business Days after written notice from Landlord to Tenant; or (b) should Tenant fail to maintain the insurance coverages required under Section 5.1.6; or (c) should Tenant default in the due observance or performance of any of the terms, covenants or agreements contained herein to be performed or observed by it (other than as specified in clauses (a) and (b) above) and such default by shall continue for a period of thirty (30) Days after written notice thereof from Landlord to Tenant; provided, however, that if such default is susceptible of cure but such cure cannot be accomplished with due diligence within such period of time and if, in addition, Tenant commences to cure, or cause to be cured, such default within thirty (30) Days after written notice thereof from Landlord to Tenant and thereafter prosecutes the curing of such default with all due diligence, such period of time shall be extended to such period of time (iinot to exceed an additional ninety (90) Days in the aggregate) as may be necessary to cure such default with all due diligence; or (d) should an Event Constituting Breach by Tenant occur under the Agreement; or (e) should Tenant become Bankrupt; or (f) should Tenant cause or institute any proceeding for its dissolution or termination; or (g) should the estate or interest of Tenant in the Premises or any part thereof be levied upon or attached in any proceeding and the same shall not be vacated or discharged within sixty (60) Days after commencement thereof; then, and in any such event, Landlord, after in addition to all other remedies available to it, may terminate the Term by giving notice thereof to Tenant and upon the expiration of the time, if any, fixed in such five (5) day grace periodnotice, served upon the Term shall terminate and all rights of Tenant petitions and notices of petition to dispossess Tenant by summary proceedings in each such instance, then, notwithstanding that such defaults may have been cured prior under this Lease with respect to the entry of a judgment against Tenant, any further default In the payment of any money due Landlord hereunder which Premises shall continue for more than five (6) days after Landlord shall give a written notice of such default shall be deemed to be deliberate and Landlord may thereafter serve 2 written three (3) days' notice of cancellation of this Lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this Lease and the term thereof, and Tenant shall then quit and surrender the Demised Premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Leasecease. B. In addition, if Tenant shall have defaulted in the performance of the same or a substantially similar covenant hereunder, other than a covenant for the payment of rent or additional rent, three times during any consecutive twelve (12) month period and Landlord, in each case shall have given a default notice in respect of such default, then, regardless of whether Tenant shall have cured such defaults within any applicable grace period, if Tenant shall again default in respect of the same or a substantially similar covenant hereunder within a twelve (12) month period after Landlord gave the second such default notice, Landlord, at its option, and without further notice to Tenant or opportunity for Tenant to cure such default, may elect to cancel this Lease by serving a written three (3) days' notice of cancellation of this Lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this Lease and the term hereof, and Tenant shall then quit and surrender the Demised Premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Lease.

Conditional Limitation. A. If Tenant shall default in the payment of the rent reserved herein, or any item of additional rent herein mentioned, or any part of either either, during any three months, whether or not consecutive, in any twelve (12) month period, and (i) such default continued for more than five ten (510) days after written notice of such default by Landlord to Tenant Tenant, and (ii) Landlord, after the expiration of such five ten (510) day grace period, served upon Tenant petitions and notices notice of petition to dispossess Tenant by summary proceedings in each such instance, then, notwithstanding that such defaults may have been cured prior to the entry of a judgment against Tenant, any further default In in the payment of any money due Landlord hereunder which shall continue for more than five ten (610) days after Landlord shall give a written notice of such default shall be deemed to be deliberate and Landlord may thereafter serve 2 written three five (35) days' notice of cancellation of this Lease lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three five (35) day period were the day herein definitely fixed for the end and expiration of this Lease lease and the term thereof, and Tenant shall then quit and surrender the Demised Premises demised premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Lease. B. lease. In addition, if Tenant shall have defaulted in the performance of the same or a substantially similar covenant hereunder, other than a covenant for the payment of rent or additional rent, three times during any consecutive twelve (12) month period and Landlord, in each case case, shall have given a default notice in respect of such default, then, regardless of whether Tenant shall have cured such defaults within any applicable grace period, if Tenant shall again default in respect of the same or a substantially similar covenant hereunder within a twelve (12) month period after Landlord gave the second such default notice, Landlord, at its option, and without further notice to Tenant or opportunity for Tenant to cure such default, may elect to cancel this Lease lease by serving a written three five (35) days' notice of cancellation of this Lease lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three five (35) day period were the day herein definitely fixed for the end and expiration of this Lease lease and the term hereof, and Tenant shall then quit and surrender the Demised Premises demised premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Leaselease.

Conditional Limitation. A. If Tenant shall snail default in the payment of the rent reserved herein, or any item of additional rent herein mentioned, or any part of either either, during any three two months, whether or not consecutive, in any twelve (12) month period, and (i) such default continued for more than five (5) days after written notice of such default by Landlord to Tenant Tenant, and (ii) Landlord, after the expiration of such five (5) day grace period, served upon Tenant petitions petition and notices notice of petition to dispossess Tenant by summary proceedings in each such instance, then, notwithstanding that such defaults may have been cured prior to the entry of a judgment against Tenant, any further default In in the payment of any money due Landlord hereunder which shall continue for more than five (65) days after Landlord landlord shall give a written notice of such default shall be deemed to be deliberate and Landlord may thereafter serve 2 a written three (3) days' ’ notice of cancellation of this Lease lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were was the day herein definitely fixed for the end and expiration of this Lease lease and the term thereof, and Tenant shall then quit and surrender the Demised Premises demised premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Lease. B. lease. In addition, if Tenant shall have defaulted in the performance of the same or a substantially similar covenant hereunder, other than a covenant for the payment of rent or additional rent, three times twice during any consecutive twelve (12) month period and Landlord, in each case case, shall have given a default notice in respect of such default, then, regardless of whether Tenant shall have cured such defaults within any applicable grace period, if Tenant shall again default in respect of the same or a substantially similar covenant hereunder within a twelve (12) month period after Landlord gave the second such default notice, Landlord, at its option, and without further notice to Tenant or opportunity for Tenant to cure such default, may elect to cancel this Lease lease by serving a written three (3) days' ’ notice of cancellation of this Lease lease and the term hereunder shall end and expire as fully and completely as if the expiration of such three (3) day period were the day herein definitely fixed for the end and expiration of this Lease lease and the term hereof, and Tenant shall then quit and surrender the Demised Premises demised premises to Landlord, but Tenant shall remain liable as elsewhere provided in this Leaselease.