402 Default of Tenant Clause Examples for Any Agreement
POPULAR SAMPLE Copied 11 times
Default of Tenant. Each of the following shall constitute a default by Tenant under this Lease:
(a) Tenant fails to pay any amount required under this Lease as and when the same becomes due and said failure is not cured within ten (10) days after written notice thereof from Landlord; (b) Tenant fails to perform any other term, condition, or obligation under this Lease and said failure is not cured within thirty (30) days after written notice thereof from Landlord. Upon the occurrence of any such default by Tenant, Landlord shall have the option to pursue any one or more of the following remedies without any additional notice or demand whatsoever: terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so Landlord may, without prejudice to any other remedy which Landlord may have for omission or arrearages in Rent, enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying the Leased Premises or any part thereof, without being liable for prosecution or any claim of damages therefor; or enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying the Leased Premises or any part thereof without being liable for prosecution or any claim for damages therefor, with or without having terminated this Lease. In addition to the other remedies provided in this Lease, and anything contained herein to the contrary notwithstanding, Landlord shall be entitled to restrain any default or violation, or attempted or threatened default or violation of any of the terms, covenants, conditions or other provisions of this Lease, by injunction, order of specific performance or other appropriate equitable relief. The remedies provided to Landlord hereunder are intended to be cumulative, and may be exercised by Landlord in any order, or simultaneously, without such exercise being a waiver by Landlord of its right to exercise any other remedy granted to Landlord hereunder (or under applicable Laws) with respect to the same default. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance or surrender of the Leased Premises by Xxxxxx, whether by agreement or by operation of law, it being understood that such surrender can be affected only by the written agreement of Landlord and Xxxxxx.
Default of Tenant. Any of the following events shall be a default of Tenant:
(A) Tenant's default in the payment of the due date of the Basic Rent and/or Additional Rent and/or any other payment required by tenant by this Lease, unless Tenant shall cure such default within ten (10) days after written notice thereof that such Basic Rent and/or Additional Rent and/or other payment required of Tenant hereunder is unpaid.
(B) Tenant's default in the performance of any of the other covenants to Tenant or conditions of this Lease, unless Tenant wall cure such default within thirty (30) days after written notice of such default given by Landlord (or if any such default is of such nature that it cannot be completely cured within such period, then unless Tenant shall commence such curing within thirty (30) days after notice of such default given by Landlord and shall thereafter proceed with reasonable diligence and in good faith to cure such default).
(C) Either: (i) the appointment of a receiver to take possession of all or substantially all of the assets of Tenant, (ii) a general assignment by Tenant for the benefit of creditors, (iii) any action taken or suffered by Tenant, voluntarily, under any insolvency or bankruptcy or reorganization act or law, or (iv) any order, judgment or decree entered, without the application, approval or consent of Tenant, by any Court of competent jurisdiction approving a petition seeking reorganization of Tenant, or appointing a custodian, receiver, trustee or liquidator of Tenant, or a substantial part of its assets and such order, judgment or decree continuing unstayed and in effect for any period of one hundred twenty (120) consecutive days or failing to have dismissed an involuntary petition in bankruptcy filed against it within one hundred twenty (120) days of the filing thereof.
Default of Tenant. Upon occurrence of any event of default, the District may, at its option, in addition to any other remedy or right provided by law, terminate this Lease by service of written notice of such termination upon Tenant, and thereupon enter upon the Leased Premises, or any part thereof, upon the date specified in such notice and retake possession of said premises. Each of the following shall be deemed an event of default:
28.1 Default in the payment of any rental or other payment due from the Tenant as provided for herein for a period of thirty (30) days after the due date thereof.
28.2 Breach by Tenant of any of the covenants or other obligations of Tenant set forth herein and failure to remedy such breach in full upon thirty (30) days’ notice in writing thereof given by District, including breach of rules and regulations promulgated by District or governmental entities governing District, as herein provided.
28.3 Abandonment of said premises for more than twelve (12) months.
28.4 Assignment by the Tenant for the benefit of creditors, or the filing by the Tenant or against the Tenant of a petition in bankruptcy, or the filing of any petition against the Tenant for the foreclosure of any judgment lien against the Leased Premises or any other lien or mortgage encumbering said leased premises, or the levy of any writ of execution upon said leased premises; or the filing of any Mechanic’s Lien against said leased premises not released within thirty (30) days of the date of filing of the same.
Default of Tenant. If Tenant fails to pay any rent or other charge due under this lease within fifteen (15) days of written notice of default being received by Tenant, or if Tenant fails to perform any other term, condition, or covenant of this Lease for more than thirty (30) days after written notice of such failure is received by Tenant, unless the cure of such failure requires more than thirty (30) days and Tenant is diligently pursuing such cure, Landlord has the right to pursue any right or remedy to which Landlord is entitled, under the laws of the State of Montana.
Default of Tenant. Notice of acceptance of this Guaranty and of defaults, breaches, demands, presentments, protest, and amendment to or modification or cancellation of the Leases, and of any other kind is fully waived by Guarantor. Upon default by Tenant on any of its obligations to Landlord, then at Landlord's option, without notice or demand upon Guarantor and without exercising any other right or remedy Landlord may have, Landlord may proceed directly against Guarantor or any other guarantor to enforce Landlord's rights hereunder. Without releasing or affecting Guarantor's obligations hereunder, Landlord may enforce any rights it may have against any persons and properties liable.
Default of Tenant. The following events shall be a default by Tenant (a “Default”) under this Lease:
(1) Failure of Tenant to pay Rent as and when due; provided, however, that with respect to the first two (2) such failures in any twelve (12) month period only, no Default shall be deemed to have occurred unless such failure continues for a period of five (5) business days after written notice thereof from Landlord to Tenant.
(2) Failure of Tenant to comply with or perform any covenant or obligation of Tenant under this Lease, if the failure continues for thirty (30) days after notice from Landlord to Tenant specifying the failure, other than (i) those concerning the payment of Rent, (ii) those set forth in any of Sections 21, 35, 36 and 38 hereof, as to which there shall be no cure rights hereunder, (iii) those set forth in Sections 8.B. and 22 hereof, as to which Tenant shall be entitled to five (5) business days after notice from Landlord to Tenant specifying the failure within which to cure same, (iv) those set forth in Sections 17 and 26 hereof, as to which Tenant shall be entitled to one (1) business day after notice from Landlord to Tenant specifying the failure within which to cure same, and (v) any Default arising under subsections (5) or (6) of this Section 19.A.; provided, however, that if the failure on the part of Tenant is not capable of being cured within such 30-day period but Tenant expeditiously commences to cure same and diligently proceeds with such cure, Tenant’s time to cure such failure shall be extended for the time necessary to cure same, but in no event longer than ninety (90) days, inclusive of the original 30-day period.
(3) [Intentionally omitted.]
(4) If Tenant, any Guarantor or, if Tenant is a partnership, any partner of Tenant (“Partner”), shall file a voluntary petition in bankruptcy or insolvency, shall be adjudicated bankrupt or insolvent or shall file a petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state or other Laws, or shall make an assignment for the benefit of creditors, or shall seek or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of any Guarantor or Partner or of all or any part of the property of Tenant or of such Guarantor or Partner.
(5) If, within thirty (30) days after the commencement of any proceeding against Tenant or any Guarantor or Partner, whether by the filing of a p...
Default of Tenant. It is hereby expressly agreed that if and whenever the rent or additional rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations on the part of the Tenant to be kept, observed and performed, or in case the Demised Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided that the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason of the Tenant's default in the breach or non-observance or non- performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations contained in this Lease, unless and until the Landlord shall have given to the Tenant at least five (5) business days' written notice of their intention to do so and setting forth the default complained of, and the Tenant shall have the right during such five (5) business days to cure any such default.
Default of Tenant. 13 SECTION 19.01 DEFAULT - RIGHT TO RE-ENTER ........................... 13 SECTION 19.02 DEFAULT - RIGHT TO RE-LET ............................. 14 SECTION 19.03
Default of Tenant. In the event of any failure to pay any rent due hereunder within ten (10) days after written notice of such default shall have been given to Tenant, or if Tenant or an agent of Tenant shall falsify any report required to be furnished to Peel Properties pursuant to the terms of this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or take or have taken against Tenant or any guarantor in any court pursuant to any statute either of the United States or of any State or Commonwealth a petition in Bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's or any such guarantor's property, or if Tenant or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into an arrangement, or if Tenant shall vacate or abandon said Premises within the first twenty-four (24) months of the Initial Term of the Lease, or if Tenant shall suffer this Lease to be taken under any writ of execution, then Peel Properties, in addition to all other rights or remedies it may have, shall have the immediate right to re-enter the Premises which right of re-entry shall include the right to lock out the Tenant and take sole possession of Premises, with or without terminating this Lease, and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or
Default of Tenant. Failure of Tenant to perform any requirements under this Lease within thirty (30) days after written notice of default is received from Landlord, except Tenant’s failure to make rental payments for which no written notice of default is required from Landlord, shall be considered a default by Tenant under this Lease.