Common use of Habitual Default Clause in Contracts

Habitual Default. Notwithstanding anything to the contrary contained in Section 14 herein, Lessor and Lessee agree that if Lessee shall have defaulted in the payment of Rent (after applicable notice and cure periods) for two or more times during any twelve month period during the Lease Term, then such conduct shall, at the option of the Lessor, represent a separate event of default which cannot be cured by Lessee. Lessee acknowledges that the purpose of this provision is to prevent repetitive defaults by the Lessee under the Lease, which constitute a hardship to the Lessor and deprive the Lessor of the timely performance by the Lessee hereunder.

Appears in 2 contracts

Samples: Agreement for Purchase and Sale of Real Property (Sipex Corp), Settlement Agreement and Release (Sipex Corp)

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Habitual Default. Notwithstanding anything to the contrary contained in Section 14 herein, Lessor and Lessee agree that if Lessee shall have defaulted in the payment of Rent (after beyond applicable notice and cure periods) in the payment of Rent for two or more times during any twelve month period during the Lease Term, then such conduct shall, at the option of the Lessor, represent a separate event of default which cannot be cured by Lessee. Lessee acknowledges that the purpose of this provision is to prevent repetitive defaults by the Lessee under the Lease, which constitute a hardship to the Lessor and deprive the Lessor of the timely performance by the Lessee hereunder.

Appears in 1 contract

Samples: Occam Networks Inc/De

Habitual Default. Notwithstanding anything to the contrary contained in Section 14 herein, . Lessor and Lessee agree that if Lessee shall have defaulted in the payment of Rent as defined in Section 14.1 (after applicable notice and cure periodsa) for two or more times during any twelve month period during the Lease Term, then such conduct shall, at the option of the Lessor, represent a separate event of default which cannot be cured by Lessee. Lessee acknowledges that the purpose of this provision is to prevent repetitive defaults by the Lessee under the Lease, which constitute a hardship to the Lessor and deprive the Lessor of the timely performance by the Lessee hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Nextest Systems Corp)

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Habitual Default. Notwithstanding anything to the contrary contained in Section 14 herein, Lessor and Lessee agree that if Lessee shall have defaulted in the payment of Rent (after beyond applicable notice and cure periods) in the payment of Rent for two three or more times during any twelve month period during the Lease Term, then such conduct shall, at the option of the Lessor, represent a separate event of default which cannot be cured by Lessee. Lessee acknowledges that the purpose of this provision is to prevent repetitive defaults by the Lessee under the Lease, which constitute a hardship to the Lessor and deprive the Lessor of the timely performance by the Lessee hereunder.

Appears in 1 contract

Samples: DSP Group Inc /De/

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