Common use of Habitual Default Clause in Contracts

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) term or condition of this Lease for four or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Telocity Inc), Lease Agreement (Telocity Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have materially defaulted in the performance of any (but not necessarily the same) term or condition of this Lease for four five (5) or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive material defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's ’s timely performance under this Lease.

Appears in 2 contracts

Sources: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Equinix Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) monetary term or condition of this Lease for four three or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by TenantTenant ("Habitual Default"). Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Broadcom Corp), Lease Agreement (Broadcom Corp)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) term or condition of this Lease for four three or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Scios Inc), Lease Agreement (Scios Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) term or condition of this Lease for four five or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Concentric Network Corp)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have defaulted (beyond any applicable cure period) in the performance of any (but not necessarily the same) term or condition of this Lease for four or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Brio Technology Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) monetary term or condition of this Lease for four (4) or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.

Appears in 1 contract

Sources: Lease (Legato Systems Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) term or condition of this Lease for four three or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under Lender this Lease.

Appears in 1 contract

Sources: Sublease (Webex Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) term or condition of this Lease for four three or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's ’s timely performance under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Extreme Networks Inc)

Habitual Default. The provisions of Section 13 14 notwithstanding, the Parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) monetary or material term or condition of this Lease for four three (3) or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's ’s timely performance under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Cutera Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have materially defaulted in the performance of any (but not necessarily the same) term or condition of this Lease for four three or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's ’s timely performance under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Monolithic Power Systems Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) material term or condition of this Lease for four or more times during any twelve (12) month period during the Lease TermTerm and Landlord shall have given Tenant notice of such default, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Abgenix Inc)

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant shall have defaulted in the performance of any (but not necessarily the same) term or condition of this Lease for four three or more times during any twelve (12) month period during the Lease TermTerm (beyond applicable notice and cure periods), then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's ’s timely performance under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Terayon Communication Systems)

Habitual Default. The provisions of Section 13 14 notwithstanding, the Parties agree that if Tenant shall have defaulted been in the performance of any material monetary default for three (but not necessarily the same3) term or condition of this Lease for four or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's ’s timely performance under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Astera Labs, Inc.)