Common use of Events of Default and Termination Clause in Contracts

Events of Default and Termination. LESSOR shall have the right to cancel or terminate this Contract without need of legal or judicial action or order upon the occurrence of any of the following events by giving written notice to LESSEE: (a) LESSEE shall have failed to return and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease; (b) the Leased Premises shall be closed, deserted or unoccupied for a continuous period of five (5) calendar days; (c) LESSEE shall fail to pay for at least one (1) month its share of electric, emergency power, water, sewerage or other public utility or Common Area Charges accruing in connection with or allocated to the Leased Premises or shall fail to pay the rent or any other amount due hereunder on the date specified herein for its payment and LESSEE fails to rectify or remedy the failure within thirty (30) days from written demand of the LESSOR, provided however that LESSEE shall not be in default if the utility charges or fees are being disputed by LESSEE as provided under Article 6.2 or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such dispute; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors (d) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings under this Contract, such as but not limited to the use of the Leased Premises for any purpose other than as herein agreed upon, violation of any other provision of this Contract relating to the use and occupancy of the Leased Premises, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSOR’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR; (f) LESSEE’s franchise shall have been revoked, if applicable; (g) LESSEE, if a natural person, shall have died; (h) LESSEE’s corporate existence, if a juridical entity, shall have ceased; (i) LESSEE shall have become insolvent or be unable to pay its debts when due or shall commit or permit any act of bankruptcy under the applicable law; or (j) the occurrence of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2, 10.3 and 12.1, Annex “A” and under the law.

Appears in 1 contract

Sources: Lease Agreement (WNS (Holdings) LTD)

Events of Default and Termination. LESSOR shall have the right to cancel If any one or terminate this Contract without need of legal or judicial action or order upon the occurrence of any more of the following events by giving written notice to LESSEE("Events of Default") shall occur: (a) LESSEE if Tenant shall have failed fail to return pay any Fixed Rent when as the same becomes due and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease;payable, and such rent remains unpaid ten days after notice in writing from Landlord; or (b) if Tenant shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from Landlord, and Tenant within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the Leased Premises curing of such default, or, having so commenced, thereafter shall be closed, deserted fail or unoccupied neglect to prosecute or complete with due diligence and dispatch the curing of such default for a continuous period of five (5) calendar days;reasons other than Unavoidable Delays; or (c) LESSEE if Tenant shall fail make a general assignment for the benefit of creditors, or shall admit in writing Tenant's inability to pay for at least one (1) month its share of electricTenant's debts as they become due, emergency poweror shall file a petition in bankruptcy, wateror shall be adjudicated a bankrupt or insolvent, sewerage or other public utility shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or Common Area Charges accruing in connection with similar relief under any present or allocated to the Leased Premises future statute, law or regulation, or shall file an answer admitting, or shall fail to pay contest, the rent material allegations of a petition filed against Tenant in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any other amount due hereunder material part of Tenant's properties; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Tenant from complying with the terms, covenants or conditions of this Lease, Landlord, at any time thereafter may give a written termination notice to Tenant, and on the date specified herein for its payment in such notice this Lease shall terminate and LESSEE fails to rectify or remedy the failure within thirty (30) days from written demand Lease Term shall expire and terminate by limitation, and all rights of the LESSOR, provided however that LESSEE shall not be in default if the utility charges or fees are being disputed by LESSEE as provided under Article 6.2 or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such dispute; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors (d) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings Tenant under this ContractLease shall cease, unless before such as but not limited to date (i) all arrears of Rent (with interest at the use rate of the Leased Premises for any purpose other than as herein agreed upontwelve percent per annum) and all costs and expenses, violation including reasonable attorneys' fees, incurred by or on behalf of any other provision of this Contract relating to the use and occupancy of the Leased PremisesLandlord hereunder, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSOR’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR; (f) LESSEE’s franchise shall have been revokedpaid by ▇▇▇▇▇▇, if applicable; and (gii) LESSEE, if a natural person, all other defaults at the time existing under this Lease shall have died; (h) LESSEE’s corporate existencebeen fully remedied to the satisfaction of Landlord. Tenant shall reimburse Landlord for all costs and expenses, if a juridical entityincluding reasonable attorneys' fees, shall have ceased; (i) LESSEE shall have become insolvent incurred by or be unable to pay its debts when due on behalf of Landlord occasioned by or shall commit or permit in connection with any act of bankruptcy default by Tenant under the applicable law; or (j) the occurrence of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2, 10.3 and 12.1, Annex “A” and under the lawLease.

Appears in 1 contract

Sources: Lease Agreement (Novellus Systems Inc)

Events of Default and Termination. LESSOR shall have the right to cancel If any one or terminate this Contract without need of legal or judicial action or order upon the occurrence of any more of the following events by giving written notice to LESSEE("Events of Default") shall occur: (a) LESSEE if Lessee shall have failed fail to return pay any Fixed Rent when as the same becomes due and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease;payable; or (b) if Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the Leased Premises same becomes due and payable and such failure shall be closed, deserted or unoccupied continue for a continuous period of five (5) calendar more than ten days;; or (c) LESSEE if Lessee shall fail to pay for at least one (1) month its share of electric, emergency power, water, sewerage or other public utility or Common Area Charges accruing in connection comply with or allocated perform any term, covenant or condition of Articles 8, 9, 10 or 13, and such failure shall continue for more than thirty days after Lessee receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from Lessor, and Lessee within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the Leased Premises curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (e) if Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing Lessee's inability to pay Lessee's debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to pay contest, the rent material allegations of a petition filed against Lessee in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Lessee or any other amount due hereunder material part of Lessee's properties; or (f) if, within ninety days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dis solution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within ninety days after the appointment without the consent or acquiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any material part of Lessee's properties, such appointment shall not have been vacated; or (g) if a final judgment for the payment of money shall be rendered against Lessee and, within sixty days after the entry thereof, such judgment shall not have been discharged or execution thereof stayed pending appeal, or if, within sixty days after the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Lessee from complying with the terms, covenants or conditions of this Lease, Lessor, at any time thereafter may give a written termination notice to Lessee, and on the date specified herein for its payment in such notice this Lease shall terminate and, subject to Article 25, the Lease Term shall expire and LESSEE fails to rectify or remedy the failure within thirty (30) days from written demand terminate by limitation, and all rights of the LESSOR, provided however that LESSEE shall not be in default if the utility charges or fees are being disputed by LESSEE as provided under Article 6.2 or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such dispute; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors (d) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings Lessee under this ContractLease shall cease, unless before such as but not limited to the use date (i) all arrears of the Leased Premises for any purpose other than as herein agreed uponRent and all costs and expenses, violation including reasonable attorneys' fees, incurred by or on behalf of any other provision of this Contract relating to the use and occupancy of the Leased PremisesLessor hereunder, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSOR’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR; (f) LESSEE’s franchise shall have been revokedpaid by Lessee, if applicable; and (gii) LESSEE, if a natural person, all other defaults at the time existing under this Lease shall have died; (h) LESSEE’s corporate existencebeen fully remedied to the satisfaction of Lessor. Lessee shall reimburse Lessor for all costs and expenses, if a juridical entityincluding reasonable attorneys' fees, shall have ceased; (i) LESSEE shall have become insolvent incurred by or be unable to pay its debts when due on behalf of Lessor occasioned by or shall commit or permit in connection with any act of bankruptcy default by Lessee under the applicable law; or (j) the occurrence of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2, 10.3 and 12.1, Annex “A” and under the lawLease.

Appears in 1 contract

Sources: Sub Lease (4networld Com Inc)

Events of Default and Termination. LESSOR shall have the right to cancel If any one or terminate this Contract without need of legal or judicial action or order upon the occurrence of any more of the following events by giving written notice to LESSEE(“Events of Default”) shall occur: (a) LESSEE if Lessee shall have failed fail to return pay any Fixed Rent when as the same becomes due and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease;payable; or (b) if Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the Leased Premises same becomes due and payable and such failure shall be closed, deserted or unoccupied continue for a continuous period of five (5) calendar days;more than ten days after notice to Lessee; or (c) LESSEE if Lessee shall fail to pay for at least one (1) month its share of electric, emergency power, water, sewerage or other public utility or Common Area Charges accruing in connection comply with or allocated perform any term, covenant or condition of Articles 8, 9, 10 or 13, and such failure shall continue for more than thirty days after Lessee receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from Lessor, and Lessee within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the Leased Premises curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (e) if Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing Lessee’s inability to pay Lessee’s debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to pay contest, the rent material allegations of a petition filed against Lessee in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Lessee or any other amount due hereunder material part of Lessee’s properties; or (f) if, within ninety days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within ninety days after the appointment without the consent of acquiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any material part of Lessee’s properties, such appointment shall not have been vacated; or (g) if a final judgment for the payment of money in excess of $50,000 shall be rendered against Lessee and, within sixty days after the entry thereof, such judgment shall not have been discharged or execution thereof stayed pending appeal, or if, within sixty days after the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Lessee from complying with the terms, covenants or conditions of this Lease, Lessor, at any time thereafter may give a written termination notice to Lessee, and on the date specified herein for its payment in such notice (which shall be not less than 15 days after such notice) this Lease shall terminate and, subject to Article 25, the Lease Term shall expire and LESSEE fails to rectify or remedy the failure within thirty (30) days from written demand terminate by limitation, and all rights of the LESSOR, provided however that LESSEE shall not be in default if the utility charges or fees are being disputed by LESSEE as provided under Article 6.2 or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such dispute; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors (d) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings Lessee under this ContractLease shall cease, unless before such as but not limited to date (i) all arrears of Rent (with interest at the use rate of the Leased Premises for any purpose other than as herein agreed uponten percent per annum) and all costs and expenses, violation including reasonable attorneys’ fees, incurred by or on behalf of any other provision of this Contract relating to the use and occupancy of the Leased PremisesLessor hereunder, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSOR’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR; (f) LESSEE’s franchise shall have been revokedpaid by Lessee, if applicable; and (gii) LESSEE, if a natural person, all other defaults at the time existing under this Lease shall have died; (h) LESSEE’s corporate existencebeen fully remedied to the satisfaction of Lessor. Lessee shall reimburse Lessor for all costs and expenses, if a juridical entityincluding reasonable attorneys’ fees, shall have ceased; (i) LESSEE shall have become insolvent incurred by or be unable to pay its debts when due on behalf of Lessor occasioned by or shall commit or permit in connection with any act of bankruptcy default by Lessee under the applicable law; or (j) the occurrence of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2, 10.3 and 12.1, Annex “A” and under the lawLease.

Appears in 1 contract

Sources: Lease (Atlantic Express Transportation Corp)

Events of Default and Termination. LESSOR shall have the right to cancel If any one or terminate this Contract without need of legal or judicial action or order upon the occurrence of any more of the following events by giving written notice to LESSEE(“Events of Default”) shall occur: (a) LESSEE if Lessee shall have failed fail to return pay any Fixed Rent when as the same becomes due and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease;payable and such failure shall continue for more than five days after notice to Lessee; or (b) if Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the Leased Premises same becomes due and payable and such failure shall be closed, deserted or unoccupied continue for a continuous period of five (5) calendar days;more than ten days after notice to Lessee; or (c) LESSEE if Lessee shall fail to pay for at least one (1) month its share of electric, emergency power, water, sewerage or other public utility or Common Area Charges accruing in connection comply with or allocated perform any term, covenant or condition of Articles 8, 9, 10 or 13, and such failure shall continue for more than thirty days after Lessee receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from Lessor, and Lessee within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the Leased Premises curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (e) if Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing Lessee’s inability to pay Lessee’s debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to pay contest, the rent material allegations of a petition filed against Lessee in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Lessee or any other amount due hereunder material part of Lessee’s properties; or (f) if, within ninety days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within ninety days after the appointment without the consent of acquiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any material part of Lessee’s properties, such appointment shall not have been vacated; or (g) if a final judgment for the payment of money in excess of $50,000 shall be rendered against Lessee and, within sixty days after the entry thereof, such judgment shall not have been discharged or execution thereof stayed pending appeal, or if, within sixty days after the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Lessee from complying with the terms, covenants or conditions of this Lease, Lessor, at any time thereafter may give a written termination notice to Lessee, and on the date specified herein for its payment in such notice (which shall be not less than 15 days after such notice) this Lease shall terminate and, subject to Article 25, the Lease Term shall expire and LESSEE fails to rectify or remedy the failure within thirty (30) days from written demand terminate by limitation, and all rights of the LESSOR, provided however that LESSEE shall not be in default if the utility charges or fees are being disputed by LESSEE as provided under Article 6.2 or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such dispute; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors (d) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings Lessee under this ContractLease shall cease, unless before such as but not limited to date (i) all arrears of Rent (with interest at the use rate of the Leased Premises for any purpose other than as herein agreed uponten percent per annum) and all costs and expenses, violation including reasonable attorneys’ fees, incurred by or on behalf of any other provision of this Contract relating to the use and occupancy of the Leased PremisesLessor hereunder, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSOR’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR; (f) LESSEE’s franchise shall have been revokedpaid by Lessee, if applicable; and (gii) LESSEE, if a natural person, all other defaults at the time existing under this Lease shall have died; (h) LESSEE’s corporate existencebeen fully remedied to the satisfaction of Lessor. Lessee shall reimburse Lessor for all costs and expenses, if a juridical entityincluding reasonable attorneys’ fees, shall have ceased; (i) LESSEE shall have become insolvent incurred by or be unable to pay its debts when due on behalf of Lessor occasioned by or shall commit or permit in connection with any act of bankruptcy default by Lessee under the applicable law; or (j) the occurrence of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2, 10.3 and 12.1, Annex “A” and under the lawLease.

Appears in 1 contract

Sources: Lease (Atlantic Express Transportation Corp)

Events of Default and Termination. LESSOR shall have the right to cancel If any one or terminate this Contract without need of legal or judicial action or order upon the occurrence of any more of the following events by giving written notice to LESSEE(“Events of Default”) shall occur: (a) LESSEE A. if Tenant shall have failed fail to return pay any Fixed Rent when the same becomes due and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease; (b) the Leased Premises shall be closedpayable, deserted or unoccupied for a continuous period of unless Tenant cures said failure within five (5) calendar days;business days after notice of such failure is given to Tenant; or (c) LESSEE B. if Tenant shall fail to pay any Rent, other than Fixed Rent, when and as the same becomes due and payable and such failure shall continue for at least one more than five (15) month its share business days after notice of electric, emergency power, water, sewerage or other public utility or Common Area Charges accruing in connection with or allocated such failure is given to the Leased Premises or Tenant; or C. if Tenant shall fail to comply with or perform any term, covenant or condition of Article 29, and such failure shall continue for more than ten (10) business days after Tenant receives notice of such failure; or D. if Tenant shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty (30) days after notice thereof from Landlord, or if such default cannot, with due diligence, be cured within such thirty (30) day period, Tenant within said period, shall not commence with due diligence and dispatch the curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default; or E. if Tenant shall admit, in writing, that it is unable to pay its debts as such debts become due; or F. if Tenant shall make a general assignment for the rent benefit of creditors; or G. if Tenant shall file a voluntary petition under Title 11 of the United States Code or if such petition is filed against Tenant and an order for relief is entered, or if Tenant shall file any petition or answer seeking, consenting to or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under present or any future federal bankruptcy code or any other amount due hereunder present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in or suffer the appointment of any trustee, receiver, custodian, assignee, sequestrator or liquidator or other similar official of Tenant or of all or any substantial part of its properties or of the premises or any interest of Tenant therein or if Tenant shall take any corporate action in furtherance of any action described in Sections F, G or H of this Article 19; or H. if within sixty (60) days after the commencement of any proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy code or any other present or future applicable federal, state or other statute or law, such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment, without the consent or acquiescence of Tenant, of any trustee, receiver, custodian, assignee, sequestrator or liquidator or other similar official of Tenant or of all or any substantial part of its properties or of the Premises or any interest of Tenant therein, such appointment shall not have been vacated or stayed on the date specified herein for its payment and LESSEE fails to rectify appeal or remedy the failure otherwise, or if, within thirty (30) days from written demand after the expiration of any such stay, such appointment shall not have been vacated; or I. if a levy under execution or attachment shall be made against Tenant relating to its interest in the LESSORPremises, provided however that LESSEE and such execution or attachment shall not be in default if the utility charges vacated or fees are being disputed removed by LESSEE as provided under Article 6.2 court order, bonding or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such dispute; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors otherwise within sixty (d60) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings under this Contract, such as but not limited to the use of the Leased Premises for any purpose other than as herein agreed upon, violation of any other provision of this Contract relating to the use and occupancy of the Leased Premises, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSOR’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR; (f) LESSEE’s franchise shall have been revoked, if applicable; (g) LESSEE, if a natural person, shall have died; (h) LESSEE’s corporate existence, if a juridical entity, shall have ceased; (i) LESSEE shall have become insolvent or be unable to pay its debts when due or shall commit or permit any act of bankruptcy under the applicable law; or (j) the occurrence of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2, 10.3 and 12.1, Annex “A” and under the lawdays.

Appears in 1 contract

Sources: Lease (SoulCycle Inc.)

Events of Default and Termination. LESSOR shall have the right to cancel If any one or terminate this Contract without need of legal or judicial action or order upon the occurrence of any more of the following events by giving written notice to LESSEE("Events of Default") shall occur: (a) LESSEE if Lessee shall have failed fail to return pay any Fixed Rent when as the same becomes due and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease;payable; or (b) if Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the Leased Premises same becomes due and payable and such failure shall be closed, deserted or unoccupied continue for a continuous period of five (5) calendar more than ten days;; or (c) LESSEE if Lessee shall fail to pay for at least one (1) month its share of electric, emergency power, water, sewerage or other public utility or Common Area Charges accruing in connection comply with or allocated perform any term, covenant or condition of Articles 8, 9, 10 or 13, and such failure shall continue for more than thirty days after ▇▇▇▇▇▇ receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from Lessor, and ▇▇▇▇▇▇ within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the Leased Premises curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (e) if Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing Lessee's inability to pay Lessee's debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to pay contest, the rent material allegations of a petition filed against Lessee in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Lessee or any other amount due hereunder on the date specified herein for its payment and LESSEE fails to rectify or remedy the failure within thirty (30) days from written demand material part of the LESSOR, provided however that LESSEE shall not be in default if the utility charges or fees are being disputed by LESSEE as provided under Article 6.2 or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such disputeLessee's properties; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors (d) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings under this Contract, such as but not limited to the use of the Leased Premises for any purpose other than as herein agreed upon, violation of any other provision of this Contract relating to the use and occupancy of the Leased Premises, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSOR’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR;or (f) LESSEE’s franchise if, within ninety days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been revokeddismissed, if applicable;or if, within ninety days after the appointment without the consent of acquiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any material part of Lessee's properties, such appointment shall not have been vacated; or (g) LESSEE, if a natural personfinal judgment for the payment of money shall be rendered against ▇▇▇▇▇▇ and, within sixty days after the entry thereof, such judgment shall not have died; (h) LESSEE’s corporate existencebeen discharged or execution thereof stayed pending appeal, if a juridical entityor if, shall have ceased; (i) LESSEE shall have become insolvent or be unable to pay its debts when due or shall commit or permit any act of bankruptcy under within sixty days after the applicable law; or (j) the occurrence expiration of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2such stay, 10.3 and 12.1, Annex “A” and under the law.such judgment shall not have been discharged;

Appears in 1 contract

Sources: Lease Agreement

Events of Default and Termination. LESSOR shall have the right to cancel If any one or terminate this Contract without need of legal or judicial action or order upon the occurrence of any more of the following events by giving written notice to LESSEE("Events of Default") shall occur: (a) LESSEE if Lessee shall have failed fail to return pay any Fixed Rent when as the same becomes due and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease;payable; or (b) if Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the Leased Premises same becomes due and payable and such failure shall be closed, deserted or unoccupied continue for a continuous period of five (5) calendar more than ten days;; or (c) LESSEE if Lessee shall fail to pay for at least one (1) month its share of electric, emergency power, water, sewerage or other public utility or Common Area Charges accruing in connection comply with or allocated perform any term, covenant or condition of Articles 8, 9, 10, or 13, and such failure shall continue for more than thirty days after the Lessee receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, condition or covenant hereof, and such failure shall continue for more than thirty days after notice thereof from Lessor, and Lessee within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the Leased Premises curing of such default, or , having so commenced, thereafter shall or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (e) If Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing Lessee's inability to pay Lessee's debts as thy become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under ay present or future statue, law or regulation, or shall file any answer admitting, or shall fail to pay contest, the rent material allegations of a petition filed against Lessee in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Lessee or any other amount due hereunder on the date specified herein for its payment and LESSEE fails to rectify or remedy the failure within thirty (30) days from written demand material part of the LESSOR, provided however that LESSEE shall not be in default if the utility charges or fees are being disputed by LESSEE as provided under Article 6.2 or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such disputeLessee's properties; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors (d) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings under this Contract, such as but not limited to the use of the Leased Premises for any purpose other than as herein agreed upon, violation of any other provision of this Contract relating to the use and occupancy of the Leased Premises, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSOR’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR;or (f) LESSEE’s franchise If, within ninety days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been revokeddismissed, or if applicable, within ninety days after the appointment without the consent or acquiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any part of Lessee's properties, such appointment shall not have been discharged; (g) LESSEE, if a natural personfinal judgment for the payment of money shall be rendered against Lessee and, within sixty days after the entry thereof, such judgment shall not have been discharged or execution thereof stayed pending appeal, or if, within sixty days after the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of ay proceeding which has or might have the effect of preventing Lessee from complying with the terms, covenants or conditions of this Lease, Lessor, at any time thereafter may give a written termination notice to Lessee, and on the date specified in such notice this Lease shall terminate and, subject to Article 24, the Lease term shall expire and terminate by limitation, and all rights of Lessee under this Lease shall cease, unless before such date (i) all arrears of Rent (with interest at the rate of ten percent per annum) and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Lessor hereunder, shall have died; been paid by Lessee, and (hii) LESSEE’s corporate existence, if a juridical entity, all other defaults at the time existing under this lease shall have ceased; (i) LESSEE been fully remedied to the satisfaction of Lessor. Lessee shall have become insolvent reimburse Lessor for all costs and expenses, including reasonable attorneys' fees, incurred by or be unable to pay its debts when due on behalf of Lessor occasioned by or shall commit or permit in connection with any act of bankruptcy default by Lessee under the applicable law; or (j) the occurrence of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2, 10.3 and 12.1, Annex “A” and under the lawLease.

Appears in 1 contract

Sources: Lease Agreement (Total Identity Corp)

Events of Default and Termination. LESSOR shall have the right to cancel If any one or terminate this Contract without need of legal or judicial action or order upon the occurrence of any more of the following events by giving written notice to LESSEE(“Events of Default”) shall occur: (a) LESSEE if Tenant shall have failed fail to return pay any Rent when the same becomes due and surrender the Leased Premises upon expiration of the Lease Term or upon the termination or cancellation of this lease;payable; or (b) if Tenant shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after written notice thereof from Landlord, and Tenant within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the Leased Premises curing of such default, or, having so commenced, thereafter shall be closed, deserted fail or unoccupied neglect to prosecute or complete with due diligence and dispatch the curing of such default for a continuous period of five (5) calendar days;reasons other than Unavoidable Delays; or (c) LESSEE if Tenant shall fail make a general assignment for the benefit of creditors, or shall admit in writing Tenant’s inability to pay for at least one (1) month its share of electricTenant’s debts as they become due, emergency poweror shall file a petition in bankruptcy, wateror shall be adjudicated a bankrupt or insolvent, sewerage or other public utility shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or Common Area Charges accruing in connection with similar relief under any present or allocated to the Leased Premises future statute, law or regulation, or shall file an answer admitting, or shall fail to pay contest, the rent material allegations of a petition filed against Tenant in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any other amount due hereunder material part of Tenant’s properties; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Tenant from complying with the terms, covenants or conditions of this Lease, Landlord, at any time thereafter may give a written termination notice to Tenant, and on the date specified herein for its payment in such notice this Lease shall terminate and LESSEE fails to rectify or remedy the failure within thirty (30) days from written demand Lease Term shall expire and terminate by limitation, and all rights of the LESSOR, provided however that LESSEE shall not be in default if the utility charges or fees are being disputed by LESSEE as provided under Article 6.2 or if the dispute is not resolved due to the act or omission of LESSOR or if the delay in payment continues despite best efforts are made by the LESSEE to resolve such dispute; WNS Global Services Philippines, Inc._Techno Plaza II_5th and 6th Floors (d) LESSEE fails to observe or perform any of its covenants provided hereunder or LESSEE commits a breach of any of its obligations and undertakings Tenant under this ContractLease shall cease, unless before such date Tenant has paid all arrears of Rent. Even though an Event of Default may have occurred, this Lease will continue in effect so long as but Landlord does not limited to the use of the Leased Premises for any purpose other than as herein agreed upon, violation of any other provision of this Contract relating to the use and occupancy of the Leased Premises, violation of the Building Rules, violation of any law, rule, regulation or ordinance of the national and/or city government regarding the use, occupancy, security and sanitation of the Leased Premises, or sublease or transfer of rights over the Leased Premises without securing LESSORterminate Tenant’s approval; (e) any of LESSEE’s representations and warranties as specified hereunder shall prove false in any material respect when made and LESSEE fails to rectify or remedy the breach within thirty (30) days from written demand of LESSOR; (f) LESSEE’s franchise shall have been revoked, if applicable; (g) LESSEE, if a natural person, shall have died; (h) LESSEE’s corporate existence, if a juridical entity, shall have ceased; (i) LESSEE shall have become insolvent or be unable to pay its debts when due or shall commit or permit any act of bankruptcy under the applicable law; or (j) the occurrence of any other event which entitles LESSOR to exercise its right to cancel or terminate this lease pursuant to other provisions in this Contract other than Articles10.1 10.2, 10.3 and 12.1, Annex “A” and under the lawpossession.

Appears in 1 contract

Sources: Lease (Tauriga Sciences, Inc.)