Common use of Default by Tenant Clause in Contracts

Default by Tenant. The occurrence of any of the following events shall constitute a default by Tenant under this Lease: (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses or any other sum due under this Lease within five (5) business days after written notice is given to Tenant that the same is past due; (b) Tenant fails to observe or perform any other term, covenant or condition to be observed or performed by Tenant under this Lease within ten (10) calendar days after written notice is given to Tenant of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Tenant shall not be in default if Tenant commences such cure within such ten (10) day period and diligently prosecutes such cure to completion; (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease to become subject to a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.

Default by Tenant. The occurrence following shall be deemed to be events of any of the following events shall constitute a default by Tenant under this LeaseAgreement: (a1) Tenant fails shall fail to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses rent or any other sum due under payment required pursuant to this Lease and such default is not cured within five (5) business days after receipt by Tenant of written notice is given to Tenant that the same is past duethereof from Landlord; (b) Tenant fails to observe or perform any other term, covenant or condition to be observed or performed by Tenant under this Lease within ten (10) calendar days after written notice is given to Tenant of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Tenant shall not be in default if Tenant commences such cure within such ten (10) day period and diligently prosecutes such cure to completion; (c2) Tenant or any guarantor of this Lease dies (if an individual), files Tenant’s obligations hereunder shall file a petition in bankruptcy, becomes insolvent, has taken against such party in or be adjudged bankrupt or insolvent under any court, pursuant to applicable federal or state or federal statute, a petition in bankruptcy or insolvency law or for reorganization admit that it cannot meet its financial obligations as they become due, or appointment of a receiver or trusteetrustee shall be appointed for all or substantially all of the assets of Tenant or any guarantor of Tenant’s obligations hereunder, petitions for and the same shall not be lifted or enters into stayed within ninety (90) days thereafter; (3) Tenant or any guarantor of Tenant’s obligations hereunder shall make a transfer in fraud of creditors or shall make an arrangement assignment for the benefit of creditors or suffers this Lease to become subject to a writ of execution; (d) Tenant vacates or abandons the Premisescreditors; or (e4) Tenant shall be in default of any guarantor other term, provision or covenant of this Lease attempts Lease, other than those specified in subparts (1) through (3) above, and such default is not cured within fifteen (15) days after receipt of written notice thereof from Landlord, provided that it shall not be an event of default if, as to rescind or terminate its guarantydefaults not reasonably capable of being cured within such fifteen (15) days, Tenant is diligently and continuously (subject to force majeure) prosecuting a cure of such default beyond such fifteen (15) day cure period.

Default by Tenant. The occurrence of any of the following events shall constitute a default an Event of Default by Tenant under this Lease: : (a) Tenant fails to pay when due any installment of Basic Monthly Base Rent, Tenant’s Share of Taxes and Insurance, Operating Expenses or any other sum due under this Lease Additional Rent within five ten (510) business days after written of delivery of notice is given to Tenant that the same is past due; of such failure by Landlord; (b) Tenant fails to observe or perform comply with any other term, provision or covenant of this Lease, other than the payment of Base Rent or condition to be observed or performed by Tenant under this Lease within ten Additional Rent and such failure continues in excess of thirty (1030) calendar days after written delivery of notice is given to of failure by Landlord, or such additional time as may be reasonably necessary provided Tenant commences and diligently prosecutes cure of such failure; provided, however, that if more than ten but in no event in excess of ninety (1090) calendar days is reasonably required to cure such failure, Tenant shall not be in default if Tenant commences such cure within such ten (10) day period and diligently prosecutes such cure to completiondays; (c) Tenant or any guarantor of this Lease dies (if an individual)Tenant's obligations hereunder files, files a petition in bankruptcy, becomes insolvent, causes to be filed or has taken filed against such party in any court, pursuant to state or federal statute, it a petition in bankruptcy or is adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law, or for reorganization admits that it cannot meet its financial obligations as they become due; or appointment of a receiver or trustee, petitions trustee is appointed for all or enters into substantially all of the assets of Tenant or such guarantor; or Tenant or any guarantor of Tenant's obligations hereunder makes a transfer in fraud of creditors or makes an arrangement assignment for the benefit of creditors or suffers this Lease to become subject to a writ of executioncreditors; or (d) Tenant vacates does or abandons permits to be done any act which results in a lien (of any nature) being filed against the Leased Premises; , the Building or Project, and does not cause such lien to be bonded around or discharged or recode within thirty (e30) any guarantor of this Lease attempts to rescind or terminate its guarantydays following such filing.

Default by Tenant. The Upon the occurrence of any of the following events events, Landlord shall constitute a default by Tenant under this Lease: have the remedies set forth in Section 16.2: (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Annual Rent or Additional Rent or any other sum due under this Lease hereunder within five (5) business days after such Rent is due; provided, however, that the first (1st) such failure in any twelve (12) month period shall not constitute a default hereunder if Tenant makes such payment within five (5) days after written notice is given from Landlord of such failure, but Tenant shall not be entitled to Tenant that the same is past due; more than one (1) such written notices during any twelve (12) month period. (b) Tenant fails to observe or perform any other term, condition, or covenant or condition to be observed or performed by Tenant under it pursuant to this Lease within ten thirty (1030) calendar days after written notice that such performance is due shall have been given to Tenant of such failureby Landlord or; provided, however, that if cure of any nonmonetary default would reasonably require more than ten thirty (1030) calendar days is reasonably required to cure such failurecomplete, Tenant shall not be in default if Tenant commences such cure fails to commence performance within such ten the thirty (1030) day period and or, after timely commencing, fails to diligently prosecutes pursue such cure to completion;completion but in no event to exceed sixty (60) days. (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has shall become bankrupt or insolvent or file any debtor proceedings or have taken against such party in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.

Default by Tenant. The Upon the occurrence of any of the following events events, Landlord shall constitute a default by Tenant under this Lease: have the remedies set forth in Section 16.2: (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Annual Rent or Additional Rent or any other sum due under this Lease hereunder within five (5) business days after such Rent is due after written notice is given to Tenant that the same is past due; (b) Tenant fails to observe or perform any other term, covenant or condition to be observed or performed by Tenant under this Lease within ten (10) calendar days after written notice is given to Tenant from Landlord of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Tenant Landlord shall not be required to provide a written notice of such monetary default more than two (2) times in any twelve (12) month period. (b) Tenant fails to perform any other term, condition, or covenant to be performed by it pursuant to this Lease within thirty (30) days after written notice that such performance is due shall have been given to Tenant by Landlord or; provided, if cure of any nonmonetary default would reasonably require more than thirty (30) days to complete, if Tenant commences such cure fails to commence performance within such ten the thirty (1030) day period and or, after timely commencing, fails diligently prosecutes to pursue such cure to completion;completion but in no event to exceed ninety (90) days. (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has shall become bankrupt or insolvent or file any debtor proceedings or have taken against such party in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.

Default by Tenant. The Upon the occurrence of any of the following events events, Landlord shall constitute a default by Tenant under this Leasehave the remedies set forth in Section 16.2: 36 (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Annual Rent or Additional Rent or any other sum due under this Lease hereunder within five (5) business days after such Rent is due after written notice is given to Tenant that the same is past due; (b) Tenant fails to observe or perform any other term, covenant or condition to be observed or performed by Tenant under this Lease within ten (10) calendar days after written notice is given to Tenant from Landlord of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Tenant Landlord shall not be required to provide a written notice of such monetary default more than two (2) times in any twelve (12) month period. (b) Tenant fails to perform any other term, condition, or covenant to be performed by it pursuant to this Lease within thirty (30) days after written notice that such performance is due shall have been given to Tenant by Landlord or; provided, if cure of any nonmonetary default would reasonably require more than thirty (30) days to complete, if Tenant commences such cure fails to commence performance within such ten the thirty (1030) day period and or, after timely commencing, fails diligently prosecutes to pursue such cure to completion;completion but in no event to exceed ninety (90) days. (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has shall become bankrupt or insolvent or file any debtor proceedings or have taken against such party in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.

Default by Tenant. The Upon the occurrence of any of the following events events, Landlord shall constitute a default by Tenant under this Lease: have the remedies set forth in Section 18(b) below: (ai) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses rent or additional rent or any other sum due under this Lease hereunder within five ten (510) business days after written notice is given to Tenant that the same is past due; from Landlord; (bii) Tenant fails to observe or perform any other term, condition, or covenant or condition to be observed or performed by Tenant under it pursuant to this Lease within ten (10) calendar 30 days after written notice that such performance is due shall have been given to Tenant of such failureby Landlord or; provided, however, that if cure of any nonmonetary default would reasonably require more than ten (10) calendar 30 days is reasonably required to cure such failurecomplete, Tenant shall not be in default if Tenant commences such cure fails to commence performance within such ten (10) the 30 day period and or, after timely commencing, fails diligently prosecutes to pursue such cure to completioncompletion but in no event to exceed 90 days; (ciii) Tenant shall become bankrupt or insolvent or file any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has debtor proceedings or have taken against such party in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; or (div) Tenant vacates or abandons the Premises; or (e) any guarantor , which, if Landlord posts a notice of this Lease attempts abandonment on the Premises and delivers written notice of the same to rescind or terminate its guarantyTenant both of which remain unanswered for 10 days, the Premises shall be conclusively presumed to be abandoned.

Default by Tenant. The occurrence of any of the following events shall constitute a default by Tenant under this Lease: (a) If Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Minimum Rent or any other sum payment when due under this Lease within Lease, and such failure to pay continues for five (5) business days after written notice is given from Landlord of such failure, then Tenant shall be in default of this Lease (a "Monetary Default"). If after thirty (30) days after delivery by Landlord to Tenant that the same is past due; (b) of written notice of nonperformance, Tenant fails to observe or perform any other term, covenant or condition of the terms of this Lease to be observed or performed by Tenant, or, if Tenant under this Lease within ten (10) calendar days after written notice is given to Tenant of such failure; provided, however, that if more than ten (10) calendar days is reasonably required fails to cure such failureany breaches of any of Tenant's representations or warranties contained herein, Tenant shall not be in default or if Tenant commences such cure within such ten (10) day period and diligently prosecutes such cure to completion; (c) Tenant becomes bankrupt or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, or files any debtor proceedings or files or has taken filed against such party it in any court, court pursuant to any statute either of the United States or of any state or federal statute, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trusteetrustee of all or a portion of Tenant's property, or if T▇▇▇▇▇ makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease to become subject to a be taken under any writ of execution; (d) execution or attachment, or if this Lease passes to or devolves upon, by law or otherwise, a person or entity other than Tenant, except as specifically permitted in this Lease, then in any one or more of such events Tenant vacates or abandons the Premises; or (e) any guarantor shall be in default of this Lease attempts (each a "Non-Monetary Default") (both Monetary Default and Non-Monetary Default referred to rescind or terminate its guarantyherein separately and collectively based on the context as a "Default").

Default by Tenant. The occurrence of any 20.1 Each of the following events shall constitute a default is an "Event of Default": (1) Any failure by Tenant to pay Rent on the due date unless such failure is cured within 3 days after written notice that such amount is due but unpaid; (2) Tenant abandons the Premises without payment of rent; (3) This Lease or Tenant's interest is transferred whether voluntarily or by operation of law except as permitted in Section 14; (4) This Lease or any part of the Premises is taken by process of law and is not released within 15 days after a levy; (5) Commencement by Tenant of a proceeding under this Lease: any provision of federal or state law relating to insolvency, bankruptcy, or reorganization (a"Bankruptcy Proceeding"); (6) Commencement of a Bankruptcy Proceeding against Tenant, unless dismissed within 60 days after commencement; (7) The insolvency of Tenant or execution by Tenant of an assignment for the benefit of creditors; the convening by Tenant of a meeting of its creditors or any significant class thereof for purposes of effecting a moratorium upon or extension or composition of its debts; or the failure of Tenant generally to pay its debts as they mature; (8) The admission in writing by Tenant (or any general partner of Tenant if Tenant is a partnership), that it is unable to pay its debts as they mature or it is generally not paying its debts as they mature; (9) Tenant fails to pay perform any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses or any its other sum due under this Lease within five (5) business obligations and nonperformance continues for 30 days after written notice is given by Landlord or, if such performance cannot be reasonably had within such 30 day period, Tenant does not in good faith commence performance within such 30 day period and diligently proceed to Tenant that the same is past due; (b) Tenant fails to observe or perform any other term, covenant or condition to be observed or performed by Tenant under this Lease within ten (10) calendar days after written notice is given to Tenant of such failurecompletion; provided, however, that if more than ten (10) calendar days is reasonably required Tenant's right to cure such failure, Tenant shall not be in default if Tenant commences such cure within such ten (10) day exceed the period and diligently prosecutes such cure to completion; (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease to become subject to a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guarantyprovided by Applicable Law.

Default by Tenant. The occurrence of any one or more of the following events shall constitute a default by "Tenant Event of Default" under this Lease: (a) Lease Agreement: A. The failure of Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses or any other sum Rent as and when due under this Lease within five Agreement such failure continuing for a period of ten (510) business days after Landlord provides Tenant with written notice thereof; provided, however, Landlord shall have no obligation to provide such notice more than two (2) times in any calendar year; B. The failure of Tenant to perform, comply with or observe any of the other covenants or conditions contained in this Lease Agreement and the continuance of such failure for the period of time as may be specified elsewhere in this Lease Agreement for such specific covenant or condition, or should no period of time be specified elsewhere in this Lease Agreement with respect to such specific covenant or condition, a period of thirty (30) days after written notice is given to Tenant; or, if such failure cannot reasonably be cured within said thirty (30) day period despite Tenant's diligent good faith efforts, the failure of Tenant that to promptly commence its diligent good faith efforts to cure such failure within said thirty (30) day period and/or the same is past due; continuance of to complete such cure in as diligent a fashion as possible, not to exceed ninety (b90) days, subject to Force Majeure; C. Tenant fails shall fail to observe execute and acknowledge or perform any other term, covenant or condition to be observed or performed by Tenant under this Lease otherwise respond in good faith and in writing within ten (10) calendar days after written notice is given submission to Tenant of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Tenant shall not be in default if Tenant commences such cure within such ten (10) day period and diligently prosecutes such cure to completion; (c) Tenant or any guarantor a request for confirmation of the subordination of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, Agreement pursuant to state Section 24 or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease estoppel certificate pursuant to become subject to a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.Section 35;

Default by Tenant. The 19.1 In addition to those events or occurrences described in this Lease as an Event of Default, the occurrence of any of the following events shall constitute a default an “Event of Default” by Tenant under this Lease: : (a) If Tenant fails shall fail to pay any installment of Basic Monthly Rentbase rent, Tenant’s Share of Operating Expenses additional rent or any other sum due under sums required by this Lease within when due and such failure shall remain uncured for a period of five (5) business days after Landlord notifies Tenant in writing of such failure; provided however, that Landlord shall not be required to give Tenant more than one (1) such written notice is given to Tenant that in any twelve (12) month period, nor more than five (5) such written notices over the same is past due; Lease Term (after which time nonpayment on the date due shall constitute an Event of Default). (b) If Tenant fails shall violate or fail to observe or perform any other term, condition, covenant or condition agreement to be performed or observed or performed by Tenant under this Lease within ten and such violation or failure shall continue uncured for a period of thirty (1030) calendar days after written notice is given to Landlord notifies Tenant of such violation or failure; provided. If such violation or failure is not capable of being cured within such thirty (30) day period, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Tenant shall not be in default if then provided Tenant commences such cure curative action within such ten thirty (1030) day period and proceeds diligently prosecutes and in good faith thereafter to cure such violation or failure, such cure period shall be extended for a reasonable time not to completion;exceed ninety (90) days. (c) If Tenant shall assign its interest in this Lease or sublet any guarantor portion of the Premises in violation of the requirements of Article VII of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease to become subject to a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guarantyLease.

Default by Tenant. The Upon the occurrence of any of the following events (as applicable, an “Event of Default”), Landlord shall constitute a default by Tenant under this Lease: have the remedies set forth in Section 16.2: (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Annual Rent or Additional Rent or any other sum due under this Lease hereunder within five (5) business days after the date due; provided, however, a single failure within a twelve (12) month period shall not constitute an Event of Default hereunder if Tenant makes such payment within five (5) days after receipt of written notice is given from Landlord of such failure, but Tenant shall not be entitled to Tenant that the same is past due; more than one such written notice during any twelve (12) month period. (b) Tenant fails to observe or perform any other term, condition, or covenant or condition to be observed or performed by Tenant under it pursuant to this Lease within ten thirty (1030) calendar days after written notice that such performance is due shall have been given to Tenant of such failureby Landlord or; provided, however, that if cure of any nonmonetary default would reasonably require more than ten thirty (1030) calendar days is reasonably required to cure such failurecomplete, Tenant shall not be in default if Tenant commences such cure fails to commence performance within such ten the thirty (1030) day period and or, after timely commencing, fails diligently prosecutes to pursue such cure to completion;completion but in no event to exceed ninety (90) days. (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has shall become bankrupt or insolvent or file any debtor proceedings or have taken against such party person in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.

Default by Tenant. The occurrence of any Each of the following events shall constitute a default an Event of Default (herein so called) by Tenant under this Lease: : (ai) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses or any other sum due Rent in full under this Lease within five ten (510) business days after written notice is given to Tenant from Landlord that the same is past such payment was not received when due; ; (bii) Tenant fails to observe or perform any other term, covenant or condition provision of this Lease required to be observed or performed by Tenant under this Lease and does not cure such failure within ten thirty (1030) calendar days after written notice is given to Tenant of such failurethereof from Landlord; provided, however, that if more than ten such default is not capable of being cured within thirty (1030) calendar days is reasonably required to cure such failure, and Tenant shall not be in default if Tenant promptly commences such cure within such ten cure, said thirty (1030) day period shall be extended so long as Tenant diligently and diligently prosecutes continuously pursues such cure to completioncure; (ciii) Tenant or any guarantor of this Lease dies (if an individual), files makes a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement general assignment for the benefit of creditors creditors; (iv) A receiver or suffers this Lease trustee of Tenant or any of their respective assets is appointed by entry of an order by a court of competent jurisdiction and the same is not vacated, discharged or dismissed within sixty (60) days thereafter; (v) A petition for relief is filed by Tenant under any bankruptcy or insolvency law seeking a plan of reorganization or arrangement under any law relating to become subject to a writ bankruptcy, or any such petition is filed against Tenant and same is not dismissed, discharged or vacated within sixty (60) days thereafter; or (vi) The interest of execution; (d) Tenant vacates in the Premises is sold under execution or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.other legal process;

Default by Tenant. The occurrence of any one or more of the following events ("Event of Default") shall constitute a default breach of this Lease by Tenant under this Lease: Tenant: (a) Tenant fails to pay any installment of Basic Monthly Base Rent, Tenant’s Share of Operating Expenses or any additi▇▇▇▇ ▇onthly rent under section 3.1 hereof, or any other sum amount of money payable by Tenant hereunder as and when such rent becomes due under this Lease within and payable and such failure continues for more than five (5) business days after Landlord gives written notice is given thereof to Tenant that Tenant: provided, however, ▇▇▇▇ ▇▇ter the second such failure in a calendar year, only the passage of time, but no further written notice, shall be required to establish an Event of Default in the same is past due; calendar year: or (b) Tenant fails to observe perform or perform breaches any other term, agreement or covenant or condition of this Lease to be performed or observed or performed by Tenant under this Lease within ten (10) calendar days after written notice as and when performance or observance is given to Tenant of due and such failure; provided, however, that if failur▇ ▇▇ ▇reach continues for more than ten (10) calendar days is after Landlord gives written notice thereof to Tenant: provided, however, ▇▇▇▇ ▇▇. by the nature of such agreement or covenant, such failure or breach cannot reasonably required to cure such failure, Tenant shall not be in default if Tenant commences such cure cured within such ten period often (10) day days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period often (10) days and, having so commenced, thereafter prosecutes with diligence and diligently prosecutes dispatch and completes the curing of such cure to completion;failure or breach; or (c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or for reorganization or appointment other debtors' relief law of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease to become subject to a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guarantyjurisdiction.

Default by Tenant. The Upon the occurrence of any of the following events events, Landlord shall constitute a default by Tenant under this Lease: have the remedies set forth in Section 16.2: (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Annual Rent or any other sum due under this Lease hereunder within five (5) business days after written notice such Rent is given to Tenant that the same is past due; . (b) Tenant fails to observe or perform any other term, condition, or covenant or condition to be observed or performed by Tenant under it pursuant to this Lease within ten (10) calendar days after written notice that such performance is due shall have been given to Tenant of such failureby Landlord or; provided, however, that if cure of any nonmonetary default would reasonably require more than ten (10) calendar days is reasonably required to cure such failurecomplete, Tenant shall not be in default if Tenant commences such cure fails to commence performance within such the ten (10) day period and or, after timely commencing, fails diligently prosecutes to pursue such cure to completion;completion but in no event to exceed sixty (60) days. (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has shall become bankrupt or insolvent or file any debtor proceedings or have taken against such party in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.

Default by Tenant. The occurrence of any one or more of the following events shall constitute be a default and breach of this Lease by Tenant under this Lease: Tenant: (ai) Tenant fails shall fail to pay any monthly installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Base Rent or any other sum due under this Lease within five (5) business days after written notice is given to Tenant that the same is past due; (b) Tenant fails to observe Additional Rent or perform any other term, covenant or condition to be observed or performed by Tenant under this Lease Rent Adjustment within ten (10) calendar days after written the same shall be due and payable; (ii) Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease fora period of thirty (30) days after notice is given to Tenant of such failurethereof from Landlord; provided, however, that if more than the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty-day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty-day period and thereafter diligently undertakes to complete the same, but in any event completes cure within ninety (90) days after notice from Landlord; (iii) Tenant shall vacate or abandon or fail to occupy, for a period of ten (10) calendar days is reasonably required to cure such failuredays, Tenant shall not be in default if Tenant commences such cure within such ten (10) day period and diligently prosecutes such cure to completionthe Premises or any substantial portion thereof; (civ) Tenant or any guarantor of this Lease dies (if makes an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement assignment for the benefit of creditors creditors; or suffers substantially all of Tenant’s assets in, on or about the Premises or Tenant’s interest in this Lease to become subject to a writ of executionare attached or levied upon under execution [and Tenant does not discharge the same within thirty (30) days thereafter]; or (dv) Tenant vacates causes or abandons permits a hazardous condition to exist on the Premises; or (e) any guarantor of this Lease attempts Premises and fails to rescind or terminate its guarantycure such condition immediately after notice thereof from Landlord.

Default by Tenant. The Upon the occurrence of any of the following events events, Landlord shall constitute a default by Tenant under this Lease: have the remedies set forth in Section 16.2: (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Annual Rent or Additional Rent or any other sum due under this Lease hereunder within five (5) business days after such Rent is due after written notice is given to Tenant that the same is past due; (b) Tenant fails to observe or perform any other term, covenant or condition to be observed or performed by Tenant under this Lease within ten (10) calendar days after written notice is given to Tenant from Landlord of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Tenant Landlord shall not be required to provide a written notice of such monetary default more than two (2) times in any twelve (12) month period. (b) Tenant fails to perform any other term, condition, or covenant to be performed by it pursuant to this Lease within thirty (30) days after written notice that such performance is due shall have been given to Tenant by Landlord or; provided, if cure of any nonmonetary default would reasonably require more than thirty (30) days to complete, if Tenant commences such cure fails to commence performance within such ten the thirty (1030) day period and or, 36 after timely commencing, fails diligently prosecutes to pursue such cure to completion;completion but in no event to exceed ninety (90) days. (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has shall become bankrupt or insolvent or file any debtor proceedings or have taken against such party in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.

Default by Tenant. The occurrence of any a. Any of the following events shall constitute a events of default by Tenant under this Lease: : (a1) Tenant fails Tenant’s failure to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Base Rent or any other sum due payable under this Lease within five when due; (52) business days after written notice is given to the bankruptcy or insolvency of Tenant, any transfer by Tenant that in fraud of creditors, assignment by Tenant for the same is past due; benefit of creditors, or the commencement of any proceedings of any kind by or against Tenant under any provision of Title 11 of the United States Code, or its successor (bthe “Bankruptcy Code”) Tenant fails to observe or perform under any other terminsolvency, covenant bankruptcy or condition to be observed reorganization act unless, in the event any such proceedings are such proceedings are dismissed within 60 days thereafter; the appointment of a receiver for a substantial part of the assets of Tenant; or performed by the levy upon this Lease or any estate of Tenant under this Lease within ten (10) calendar days after written notice is given to Tenant of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Tenant shall not be in default if Tenant commences such cure within such ten (10) day period and diligently prosecutes such cure to completionby any attachment or execution; (c3) Tenant or any guarantor the abandonment of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease to become subject to a writ of execution; (d) Tenant vacates or abandons the Premises; or (4) Tenant’s failure to perform any of the other terms, covenants, agreements or conditions contained herein (eother than Tenant’s breach of paragraph 12(a) or Section 17 as to which no cure period shall apply) and, if the default is curable, the continuation of such default for a period of thirty (30) days after notice by Landlord or beyond the time reasonably necessary for cure if the default is of the nature to require more than thirty (30) days to remedy, but in any guarantor event, within sixty (60) days following Landlord’s notice, provided that if Tenant has defaulted in the performance of the same obligation more than one time in any twelve-month period and notice of such default has been given by Landlord in such instance, no cure period shall thereafter be applicable under this Lease attempts to rescind or terminate its guarantyLease.

Default by Tenant. The occurrence of any of the following events shall constitute a default by Tenant under this Lease: (a) Tenant fails to pay in a timely manner any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses or any other sum due under this Lease within five three (53) business days after written notice is given to Tenant that the same is past due; (b) Tenant fails to observe or perform in a timely manner any other term, covenant or condition to be observed or performed by Tenant under this Lease within ten (10) calendar within74 business days after written notice is given to Tenant of such failure; provided, however, that if more than ten (10) calendar than75 business days is reasonably required to cure such failure, Tenant shall not be in default if Tenant commences such cure within such ten (10) such76 day period and diligently prosecutes such cure to completion; ; (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has taken against such party in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Lease to become subject to a writ of executionexecution77; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.guaranty.78

Default by Tenant. The Upon the occurrence of any of the following events events, Landlord shall constitute a default by Tenant under this Lease: have the remedies set forth in Section 16.2: (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Annual Rent or Additional Rent or any other sum due under this Lease hereunder within five ten (510) business days after written notice such Rent is given to Tenant that the same is past due; . (b) Tenant fails to observe or perform any other term, condition, or covenant or condition to be observed or performed by Tenant under it pursuant to this Lease within ten (10) calendar days after written notice that such performance is due shall have been given to Tenant of such failureby Landlord or; provided, however, that if cure of any nonmonetary default would reasonably require more than ten (10) calendar days is reasonably required to cure such failurecomplete, Tenant shall not be in default if Tenant commences such cure fails to commence performance within such the ten (10) day period and or, after timely commencing, fails diligently prosecutes to pursue such cure to completion;, but in no event to exceed sixty (60) days. (c) Tenant or any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has shall become bankrupt or insolvent or file any debtor proceedings or have taken against such party in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; . (d) Tenant vacates or abandons the Premises; or (e) any Any guarantor of this Lease attempts to rescind or terminate its guarantydefaults in the performance of any obligation of such guarantor under the provisions of any guaranty of this Lease.

Default by Tenant. The Upon the occurrence of any of the following events events, Landlord shall constitute a default by Tenant under this Lease: have the remedies set forth in Section 16.2: (a) Tenant fails to pay any installment of Basic Monthly Rent, Tenant’s Share of Operating Expenses Annual Rent or Additional Rent or any other sum due under this Lease hereunder within five (5) business days after such Rent is due; provided, however, that the first (1st) such failure in any twelve (12) month period shall not constitute a Default hereunder if Tenant makes such payment within five (5) days after written notice is given from Landlord of such failure, but Tenant shall not be entitled to Tenant that the same is past due; more than one (1) such written notice during any twelve (12) month period. (b) Tenant fails to observe or perform any other term, condition, or covenant or condition to be observed or performed by Tenant under it pursuant to this Lease within ten thirty (1030) calendar days after written notice that such performance is due shall have been given to Tenant of such failureby Landlord or; provided, however, that if cure of any nonmonetary default would reasonably require more than ten thirty (1030) calendar days is reasonably required to cure such failurecomplete, Tenant shall not be in default if Tenant commences such cure fails to commence performance within such ten the thirty (1030) day period and or, after timely commencing, fails to diligently prosecutes pursue such cure to completion;completion but in no event to exceed ninety (90) days. (c) Tenant shall become bankrupt or insolvent or file any guarantor of this Lease dies (if an individual), files a petition in bankruptcy, becomes insolvent, has debtor proceedings or have taken against such party in any court, court pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization insolvency, reorganization, or appointment of a receiver or trustee, ; or Tenant petitions for or enters into an a voluntary arrangement for the benefit of creditors under applicable bankruptcy law; or suffers this Lease to become subject to be taken under a writ of execution; (d) Tenant vacates or abandons the Premises; or (e) any guarantor of this Lease attempts to rescind or terminate its guaranty.