Default by Occupant Sample Clauses

Default by Occupant. Time is of the essence in the performance of obligations created by this Rental Agreement. Failure of the Occupant to perform in a timely manner any obligation or duty set forth in this Rental Agreement shall constitute Default and Owner may proceed to do any or all of the following: Provide written notice of the default and the Owner's claim to the Occupant, to any lien holder with an interest in the property, of whom the owner has knowledge either through disclosure provisions in this Rental Agreement or through finding validly filed financing statement, and to the sheriff of the county in which the site is located. Such notice shall include an itemized statement of the Owner's claim, a brief and general description of the per- xxxxx property subject to the Owner's lien, notification of denial of access to the personal property, a demand for payment, and a statement that, unless the claim is paid within the time stated, the personal property will be sold or otherwise disposed of, as provided by law. Provide written notice of the default and the Owner's claim to the Occupant, to any lien holder with an interest in the property, of whom the owner has knowledge either through disclosure provisions in this Rental Agreement or through finding validly filed financing statement, and to the sheriff of the county in which the site is located. Such notice shall include an itemized statement of the Owner's claim, a brief and general description of the per- xxxxx property subject to the Owner's lien, notification of denial of access to the personal property, a demand for payment, and a statement that, unless the claim is paid within the time stated, the personal property will be sold or otherwise disposed of, as provided by law.
Sample 1Sample 2
AutoNDA by SimpleDocs
Default by Occupant. Time is of the essence in the performance of obligations created by this Rental Agreement. Failure of the Occupant to perform in a timely manner any obligation or duty set forth in this Rental Agreement shall constitute Default and Owner may proceed to do any or all of the following:
Sample 1Sample 2
Default by Occupant. Occupant breaches this Occupancy Agreement if: Occupant does not pay rent or other charges to Landlord on time as described in the Occupant leaves the Leased Premises permanently before the end of this Occupancy Agreement without Landlord’s permission, except as permitted in the Addendum. Occupant does not move out when required. Occupant fails to do anything Xxxxxxxx agreed to in this Occupancy Agreement. Occupant commits a crime or violates any applicable law, ordinance or code, other than a summary traffic offense.
Sample 1Sample 2
Default by Occupant. Occupant shall be in default under this Agreement (each, a Default) if Occupant: Fails to pay Rent or any other amount due under this Agreement; Fails to perform or comply with any obligation of Occupant under this Agreement other than the payment of money after written notice from Owner/Manager specifying the alleged default in reasonable detail and demanding its cure; or any other default described in this Agreement. If rent is not paid within five (5) days of the monthly Due Date, Owner/Manager, may, without notice, restrict or deny Occupant's access to the Space and/or Facility. Until rent is paid in full, access may be permitted only upon approval of Owner/Manager and only during regular office hours for the Facility. Access to the Space will be denied if Xxxxxxxx fails to cure its default in full within five (5) days of monthly due date. Additionally, if Occupant is renting more than one space at the property at any given time, default on one rented space shall entitle Owner/Manager to deny Occupant access TO ALL RENTED SPACES. If Owner/Manager terminates this Agreement as provided for herein, Owner/Manager has the right to deny vehicle access entry to the Facility during the termination period and control Occupant 's access on the Facility, including, but not limited to, requiring Occupant to be escorted by Owner/Manager's agents or employees while at the Facility.
Sample 1
Default by Occupant. Each of the following events shall be default in the terms of this lease by Occupant:
Sample 1
Default by Occupant. Not later than the Holdover Date, Occupant agrees to vacate and yield up the Premises to Owner in the same condition as such Premises exist as of the date hereof, reasonable wear tear and damage by casualty or condemnation excepted, in broom clean condition, free of Occupant's property and fixtures. Occupant acknowledges and agrees that its failure to vacate the Premises on or before the Permitted Holdover Date will cause immediate and irreparable injury to Owner and in no event shall Occupant or Occupant's property continue to occupy the Premises thereafter. In the event of any failure of Occupant to pay any sums hereunder, or any default by Occupant in the performance of any other of the terms or conditions of this Agreement, then Owner, in addition to all other rights and remedies it may have at law and/or equity, shall have, to the extent permitted by law, the immediate right to terminate this Agreement and to re-enter and remove all persons and property from the Premises without notice or resort to legal process and without liability for any loss or damage which may be occasioned thereby. The terms of this Section will survive the expiration or termination of this Agreement.
Sample 1
Default by Occupant. Occupant breaches this Occupancy Agreement if: Occupant does not pay rent or other charges to Landlord on time as described in the Addendum. Occupant leaves the Leased Premises permanently before the end of this Occupancy Agreement without Landlord’s permission, except as permitted in the Addendum. Occupant does not move out when required. Occupant fails to do anything Xxxxxxxx agreed to in this Occupancy Agreement. Occupant commits a crime or violates any applicable law, ordinance or code, other than a summary traffic offense. of Conduct. Occupant violates the Addendum, Landlord’s Rules and Regulations or the College’s Code
Sample 1
AutoNDA by SimpleDocs
Default by Occupant. Each of the following events shall be deemed a default by Occupant in the terms of this agreement:
Sample 1

Related to Default by Occupant

  • Default by Tenant (a) This Lease is made upon the condition that the Tenant shall punctually and faithfully perform all of the covenants and agreements by it to be performed as herein set forth. If any of the following events shall occur, to-wit: (i) if any installment of Fixed Base Rent, Percentage Rent, or any other sums required to be paid by Tenant hereunder, or any part thereof, shall at any time be in arrears and unpaid for ten (10) days after the date due, or (ii) if there be any default on the part of the Tenant in the observance or performance of any of the other covenants, agreements or conditions of said Lease on the part of Tenant to be kept and performed and said default shall continue for a period of fifteen (15) days after written notice thereof from Landlord to Tenant (unless such default cannot reasonably be cured within fifteen (15) days and in such case, Tenant shall have commenced to cure said default within said fifteen (15) days and thereafter continues diligently to pursue to completion the curing of same) or (iii) if Tenant shall file a petition in bankruptcy or be adjudicated a bankrupt, or file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation, or make an assignment for the benefit of creditors, or (iv) if any trustee, receiver or liquidator of Tenant or of all or any substantial part of its properties shall be appointed in any action, suit or proceeding by or against Tenant and such proceeding or action shall not have been dismissed within thirty (30) days after such appointment, or (v) if the leasehold estate hereby created shall be taken by execution or by other process of law, or (vi) if Tenant shall fail to operate and conduct business as required in Section 8 hereinabove, then, in any such event, Landlord, at Landlord's option and without limiting Landlord in the exercise of any other right or remedy Landlord may have on account of any default by Tenant, may either:

  • Default by Lessee (a) If Lessee shall make default in making any payment herein provided for and any such default shall continue for a period of ten (10) business days after written notice to Lessee, or if Lessee shall make default in the performance of any obligation of Lessee herein (other than as to payment of money) and any such default shall continue for a period of thirty (30) days after written notice to Lessee, or if Lessee shall file a voluntary petition in bankruptcy, or if Lessee shall file any petition or institute any proceedings under any Insolvency or Bankruptcy Act or any amendment thereto hereafter made, seeking to effect its reorganization or a composition with its creditors, or if, in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Leased Premises, or if any proceedings shall be commenced for the reorganization of Lessee (which, in the case of involuntary proceedings, are not dismissed or stayed within 30 days of the commencement thereof), or if the leasehold estate created hereby shall be taken on execution or by any process of law, or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then Lessor may, at its option, terminate this Lease without notice, and declare all amounts due or to become due hereunder immediately due and payable, and Lessor's agents and servants may immediately, or any time thereafter, reenter the Leased Premises by reasonably necessary force, summary proceedings, or otherwise, and remove all persons and properly therein, without being liable to indictment, prosecution, or damage therefor, and Lessee hereby expressly waives the service of any notice in writing of intention to reenter said Leased Premises. Lessor may, in addition to any other remedy provided by law or permitted herein, at its option, relet the Leased Premises (or any part thereof) on behalf of Lessee, applying any monies collected first to the payment of expenses of resuming or obtaining possession, and, second, to the payment of the costs of placing the premises in rentable condition, including any leasing commission, and, third, to the payment of rent due hereunder, and any other damages due to the Lessor. Any surplus remaining thereafter shall be paid to Lessee, and Lessee shall remain liable for any deficiency in rental, the amount of which deficiency shall be paid upon demand therefor to Lessor.

  • Default by Lessor Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion.

  • Default by Landlord Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say:

  • Events of Default by Tenant All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant:

  • Landlord’s Default Subject to Landlord's right to dispute its obligation in accordance with Section 5.1.5(b), if Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement, and any such default shall continue for a period of ten (10) days after Notice thereof with respect to monetary defaults, and thirty (30) days after Notice thereof with respect to non-monetary defaults, from Tenant to Landlord and, subject to Section 19.3, any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct such non-monetary defaults, Tenant may declare the occurrence of a "Landlord Default" under this Agreement by giving Notice of such declaration to Landlord and to such Facility Mortgagee. Thereafter, Tenant may (but shall have no obligation to) cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys' fees, paralegals' fees and court costs) incurred by Tenant in curing the same. If any such costs and expenses have not been reimbursed to Tenant as of the fifth (5th) day after the Landlord receives Tenant's Notice therefor, Landlord shall pay to Tenant, a late charge computed at the Overdue Rate on the amount of such reimbursement from the expiration of the applicable cure period to the date of payment thereof. Except as otherwise expressly provided herein to the contrary, Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder or under the Other Leases and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof; provided, however, that in the event of any such adverse determination, Landlord shall pay to Tenant interest on any disputed funds at the Disbursement Rate, from the date demand for such funds was made by Tenant until the date of final adverse determination and, thereafter, at the Overdue Rate until paid. During the term of the Operating Agreement, Landlord shall indemnify and hold Tenant harmless against all claims, costs and expenses (including reasonable attorneys' fees and paralegals' fees) arising from a Landlord Default under the terms and conditions of this Agreement which shall cause an Event of Default under Section 16.01 of the Operating Agreement or a breach by Landlord of its obligations under the Owner Agreement or the Pooling Agreement. The provisions of this Section 14.2 shall survive the termination, expiration or cancellation of this Agreement for a period of five (5) years.

  • Tenant’s Default 14.1 Any other provisions in this Lease notwithstanding, it shall be an event of default (“Event of Default”) under this Lease if: (i) Tenant fails to pay any installment of rent or any other sum payable by Tenant hereunder when due and such failure continues for a period of ten (10) days after written notice from Landlord to Tenant that such payment has not been received, or (ii) Tenant fails to observe or perform any other material covenant or agreement of Tenant herein contained and such failure continues after written notice given by or on behalf of Landlord to Tenant for more than thirty (30) days, provided, however, that if such non-monetary Event of Default by Tenant cannot reasonably be cured within such thirty (30) day period, and provided further that Tenant is proceeding with due diligence to effect a cure of said Event of Default, no Event of Default hereunder shall be declared by Landlord if Tenant continues to proceed with diligence to cure said Event of Default, but in no event shall such cure period extend beyond ninety (90) days following notice from Landlord of such violation, default or breach, or (iii) Tenant files a petition commencing a voluntary case, or has filed against it a petition commencing an involuntary case, under the Federal Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under any similar law, or files or has filed against it a petition or answer in bankruptcy or for reorganization or for an arrangement pursuant to any state bankruptcy law or any similar state law, and, in the case of any such involuntary action, such action shall not be dismissed, discharged or denied within sixty (60) days after the filing thereof, or Tenant consents or acquiesces in the filing thereof, or (iv) a custodian, receiver, trustee or liquidator of Tenant or of all or substantially all of Tenant’s property or of the Premises shall be appointed in any proceedings brought by or against Tenant and, in the latter case, such entity shall not be discharged within sixty (60) days after such appointment or Tenant consents to or acquiesces in such appointment, or (v) Tenant shall generally not pay Tenant’s debts as such debts become due, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due. The notice and grace period provisions in clauses (i) and (ii) above shall have no application to the Events of Default referred to in clauses (iii) through (v) above.

  • Default by Developer If Developer causes either an Event of Monetary Default or an Event of Non-Monetary Default, then the City may commence proceedings to modify or terminate this Agreement pursuant to this Section 11.4.

  • Default by Contractor To the maximum extent permitted by applicable law, failure to comply with any of the terms and/or conditions of this Contract, including these General Conditions, shall constitute default by Contractor and grounds for termination of this Contract. Contractor shall be liable for any and all damages suffered by District due to the failure by Contractor or Contractor’s subcontractor(s) to comply with this Contract.

Time is Money Join Law Insider Premium to draft better contracts faster.