Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) days after written notice thereof by Lessor to Lessee; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or Lessee's interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease.
Appears in 3 contracts
Sources: Lease Agreement (Intevac Inc), Lease Agreement (Oni Systems Corp), Lease Agreement (Oni Systems Corp)
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) days after written notice thereof by Lessor to Lessee; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's ’s assets or Lessee's ’s interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Intevac Inc), Lease Agreement (Intevac Inc)
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required due to be made by Lessee hereunder when due if Lessor under this Lease which failure has not cured been remedied within ten three (103) days after Lessor shall have given Lessee written notice thereof by Lessor to Lesseethereof; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's ’s assets or Lessee's ’s interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease; and in the case of any involuntary event described in the foregoing clauses d) and e), the same shall not have been dismissed within sixty (60) days of the filing of any involuntary event.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Sipex Corp), Lease Agreement (Sipex Corp)
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten under this Lease where such failure continues for three (103) days after written notice thereof by Lessor to Lessee; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's ’s assets or Lessee's ’s interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease.
Appears in 2 contracts
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) days after written notice thereof by Lessor to Lesseeunder this Lease ; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's ’s assets or Lessee's ’s interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease. Notwithstanding the above, Lessor will waive one 3 day notice per year provided payment is made with 5 business days after written notice from Lessor of late payment.
Appears in 1 contract
Sources: Lease Agreement (MoSys, Inc.)
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: :
(a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten due;
(10) days after written notice thereof by Lessor to Lessee; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 78;
(c) The making by Lessee of any general assignment for the benefit of creditors; cthe filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy;
(d) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or lessee's interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease; or
(e) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty .
(i) Lessee shall have failed to correct the alleged default within fifteen (15) days after receipt of written notice thereof by from Lessor to LesseeLessee if the default is one which can be cured by the payment of money; or (ii) Lessee shall have failed to correct the alleged default within thirty (30) days after receipt of written notice thereof from Lessor to Lessee if the default is one which cannot be cured by the payment of money; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default hereunder if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or Lessee's interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease.
Appears in 1 contract
Sources: Lease Agreement (Aura Systems Inc)
Lessee Default. The occurrence of any of the following shall constitute a default and breach by ▇▇▇▇▇▇:
(1) Failure to pay Base Monthly Rent or Additional Services Rent or an increase in the Security Deposit on or before the seventh (7th) day after notice of nonpayment;
(2) Failure to deliver to Lessor a copy of ▇▇▇▇▇▇'s bank statement as required by this Lease where such failure continues for five (5) days after written notice thereof;
(3) Assignment or subletting in violation of the provisions of this Lease by Lessee: aLease;
(4) Any failure by Failure to maintain the insurance which Lessee to pay Rent or to make any other payment is required to be made maintain pursuant to the provisions of this Lease;
(5) Failure to deliver an estoppel certificate as required by Lessee hereunder when due if not cured within this lease where such failure continues for ten (10) days after written notice thereof by Lessor to Lessee; bthereof;
(6) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee Failure to observe and or perform any other provision of this obligation to subordinate ▇▇▇▇▇▇'s interest in the Lease to be observed or performed by Lessee, where such failure continues for thirty ten (10) days after written notice thereof by Lessor thereof;
(7) Failure to Lessee; provided, however, that if observe or perform any obligation under this lease which endangers or threatens life or property where such failure continues for three business (3) days after written notice thereof:
(8) The occurrence of any of the nature of such default is such that the same cannot be reasonably cured within such thirty following events:
(30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; di) The making by Lessee ▇▇▇▇▇▇ of any general arrangement or assignment for the benefit of creditors; ▇▇▇▇▇▇'s becoming a "debtor" as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the filing by or against Lessee case of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcyfiled against Lessee, the same is dismissed within sixty (60) days; e(iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or Lesseeof ▇▇▇▇▇▇'s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and shall not affect the validity of the remaining provisions.
Appears in 1 contract
Sources: Office Lease (Ants Software Com Inc)
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) days after written notice thereof by Lessor to Lessee; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; or e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or Lessee's interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease.
Appears in 1 contract
Sources: Lease Agreement (Cei Systems Inc)
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured under this Lease within ten three (103) business days after of written notice thereof by Lessor to Lesseefrom Lessor; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's ’s assets or Lessee's ’s interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)
Lessee Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee: a) Any .
a. The vacating or abandonment of the Premises by Lessee.
b. The failure by Lessee to pay Rent make any payment of Rents or to make any other payment required to be made by Lessee hereunder hereunder, as and when due if not cured within due, where such failure shall continue for a period of ten (10) days after written notice thereof by Lessor to Lessee; b) from the due date.
c. The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and or perform any other provision of the material covenants, conditions or provisions of this Lease to be observed or performed by the Lessee, where such failure continues shall continue for thirty a period of fifteen (15) days after from Lessee’s receipt of written notice thereof issued by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) .
d. The making by Lessee of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt bankrupt, or of a petition for or reorganization or arrangement under any law relating to bankruptcybankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within thirty (30) days); e) or the appointment of a trustee or a receiver to take possession of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease, where such seizure in not discharged within thirty (30) days.
Appears in 1 contract
Sources: Commercial Lease Agreement (Vireo Health International, Inc.)
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) days after written notice thereof by Lessor to Lesseeunder this Lease; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; bankruptcy e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's ’s assets or Lessee's ’s interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease.
Appears in 1 contract
Sources: Standard Form Multi Tenant Lease (Occam Networks Inc/De)
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) days after written notice thereof by Lessor to Lesseeunder this Lease; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's ’s assets or Lessee's ’s interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease.
Appears in 1 contract
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) days after written notice thereof by Lessor to Lesseeunder this Lease ; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or Lessee's interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease. Notwithstanding the above, Lessor will waive one 3 day notice per year provided payment is made with 5 business days after written notice from Lessor of late payment.
Appears in 1 contract
Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) under this Lease where such failure continues for three days after written notice thereof by Lessor to Lessee; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy, where the same is not discharged within 90 days; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's ’s assets or Lessee's ’s interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's ’s assets located at the Premises or of Lessee's ’s interest in this Lease, where the same is not discharged within 90 days.
Appears in 1 contract
Sources: Lease Agreement (DSP Group Inc /De/)
Lessee Default. The Lessee will be in default under this Lease upon the occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: events or conditions:
(a) Any The Lessee’s failure by Lessee to pay Rent rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten payments at the time and the manner provided for herein, such failure having continued for a period of thirty (1030) days after written notice thereof to the Lessee by Lessor to Lessee; the Lessor.
(b) The abandonment Lessee’s failure to submit an Assessment or vacation of the Premises Facilities Improvement Plan as required by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee6(a), where such failure continues having continued for a period of thirty (30) days after written notice thereof to the Lessee by Lessor the Lessor.
(c) The Lessee’s failure to Lessee; providedperform or fulfill any other term, howevercondition or agreement contained or referred to herein, such failure having continued for a period of thirty (30) days after notice thereof to the Lessee by the Lessor, provided that if the nature default is of such default is such a nature that the same it cannot be reasonably cured within such said thirty (30) day period, Lessee may request from Lessor additional time as needed to cure such breach, which consent for such additional time shall not be deemed to unreasonably withheld, delayed or conditioned, provided, that, ▇▇▇▇▇▇ has indicated the reason the default cannot be in default if Lessee shall, cured within such said thirty (30) day period, commence has provided Lessor with ▇▇▇▇▇▇'s plan to cure said breach together with an estimated timeframe for said cure, and ▇▇▇▇▇▇ demonstrates its due diligence in executing said plan. Lessee shall provide Lessor with updates regarding ▇▇▇▇▇▇’s progress in curing such cure breach upon the request of Lessor. Upon the occurrence of an event of default under this Section, the Lessor may, at its option, terminate this lease by written notice to ▇▇▇▇▇▇ and thereafter diligently prosecute expel the same to completion; d) The making by Lessee and those claiming under the Lessee, without being guilty of any general assignment for the benefit manner of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or Lessee's interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Leasetrespass.
Appears in 1 contract
Sources: Lease Agreement