Common use of Tenant’s Default Clause in Contracts

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Lease (Artisan Components Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any of the following occurs: (ishall constitute a material default and breach of this Lease by Tenant: a) If Any failure by Tenant fails to pay Rent or any other sum required to be paid hereunder when due rent under this Lease, where such failure continues after applicable notice and Tenant fails to cure such breach within five (5periods; b) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 The abandonment of the California Code of Civil Procedure regarding unlawful detainer actions; Premises by Tenant; (iic) If A failure by Tenant fails to execute observe and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition provision of this Lease except as provided in Paragraphs 26.A.(i) to be observed or (ii) aboveperformed by Tenant, and Tenant fails to cure where such breach within failure continues for thirty (30) days after written notice from thereof by Landlord where to Tenant; provided, however, that if the nature of such breach could default is such that the same cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that period Tenant shall not be deemed to be in default if it commences Tenant shall within such performance within the thirty (30) day period commence such cure and thereafter diligently thereafter prosecutes prosecute the same to completion; (iv; d) If The making by Tenant assigns its assets of any general assignment for the benefit of its creditors; ; the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (v) If unless, in the sequestration case of a petition filed against Tenant, the same is dismissed after the filing); the appointment of a trustee or attachment receiver to take possession of or execution on any material part substantially all of Tenant's Personal Property essential to assets located at the conduct Premises or of Tenant's business occursinterest in this Lease, and where possession is not restored to Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafterdays; or the attachment, execution or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned other judicial seizure of substantially all of Tenant's assets located at the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; 's interest in this Lease, where such seizure is not discharged, stayed or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of bonded against within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the notices required by California Code of Civil Procedure Section 1161. Any notice given by Landlord to Tenant pursuant to California Code of Civil Procedure Section 1161 with respect to any failure by Tenant to pay rent under this Lease on or before the date the rent is due shall provide Tenant with a period of no less than ten (10) days to pay such rent or quit.

Appears in 1 contract

Sources: Lease Agreement (Diagnostic Retrieval Systems Inc)

Tenant’s Default. A The occurrence of any one of the following events shall constitute an event of default on the part of Tenant (“Default”): (a) The vacation or abandonment of the Premises by Tenant for a period of twenty (20) consecutive days or any vacation or abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant’s business in the Premises, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Notwithstanding the foregoing, in the event Tenant seeks to assign its interest under this Lease or to sublease the Premises in accordance with Paragraph 24 above, Tenant shall have the right to vacate the Premises and to cease operating its business therein for a period not exceeding sixty (60) days in the aggregate, provided that (i) throughout such period, Tenant diligently attempts to procure a suitable assignee or subtenant and to complete an assignment or sublease transaction, (ii) Tenant takes all actions required by Landlord to secure and safeguard the Premises during such period, and (iii) Tenant reimburses Landlord upon demand for any additional costs and expenses incurred by Landlord (including, without limitation, insurance expenses and costs of security) as a result of Tenant’s vacation of the Premises. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; (b) Failure to pay any installment of Rent or any other monies due and payable hereunder, said failure continuing for a period of five (5) days after the same is due; (c) A general assignment by Tenant shall ---------------- exist or any guarantor or surety of Tenant’s obligations hereunder (collectively, “Guarantor”) for the benefit of creditors; (d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days; (e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof; (f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity; (g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the following occurs:time periods and in the manner required by Paragraphs 31 or 32 or 43, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 41; (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto; (i) If Failure of Tenant fails to pay Rent restore the Security Deposit or the Letter of Credit to the amounts and within the time periods provided in Paragraphs 7 and 8 above, respectively; (j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other subparagraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure continues for ten (10) days after written notice thereof from Landlord to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within forty-five (45) days after the giving of the aforesaid written notice; (k) Chronic delinquency by Tenant in the payment of Rent, or any other sum periodic payments required to be paid hereunder when due and by Tenant fails under this Lease. “Chronic delinquency” shall mean failure by Tenant to cure such breach pay Rent, or any other payments required to be paid by Tenant under this Lease within five (5) days after written notice from Landlord that such Rent thereof for any three (3) months (consecutive or other sum is past due; providednonconsecutive) during any period of twelve (12) months. In the event of a Chronic delinquency, however, that such notice shall be in lieu of, and not in addition toto Landlord’s other remedies for Default provided in this Lease, any notice required under Section 1161 of at Landlord’s option, Landlord shall have the California Code of Civil Procedure regarding unlawful detainer actionsright to require that Rent be paid by Tenant quarterly, in advance; (ii1) If Chronic overuse by Tenant fails to execute and deliver to Landlord, within ten or Tenant’s Agents of the number of undesignated parking spaces set forth in the Basic Lease Information. “Chronic overuse” shall mean use by Tenant or Tenant’s Agents of a number of parking spaces greater than the number of parking spaces set forth in the Basic Lease Information more than three (103) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days times during the Term after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completionby Landlord; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Lease Agreement (Copper Mountain Networks Inc)

Tenant’s Default. A default An Event of Default under this Lease by Tenant ---------------- shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five fourteen (514) days after receipt of written notice from Landlord that such Rent or other sum is past duenotice; provided, however, that Tenant may cure such notice shall be in lieu of, default at any time prior to a termination of this Lease by Landlord by paying all Rent and not in addition to, any notice required under Section 1161 other expenses or charges then due together with interest at the Interest Rate from the due date through the date of the California Code of Civil Procedure regarding unlawful detainer actions;payment; or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty twenty (3020) days after written notice from Landlord where such breach could reasonably be cured within such thirty twenty (3020) day period; provided, however, that where such failure could not reasonably be cured within the thirty twenty (3020) day period, that Tenant shall not be in default if it commences such performance within the thirty twenty (3020) day period and diligently thereafter prosecutes the same to completion;; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Assignment of Lease (Oni Systems Corp)

Tenant’s Default. A default under This Lease and the term of this Lease by are subject to the limitation that Tenant shall ---------------- exist if be in default if, at any time during the Lease Term, any one or more of the following occursevents (herein called an "Event of Default" a "default of Tenant" or similar reference) shall occur and not be cured prior to the expiration of the grace period (if any) herein provided, as follows: (ia) If Tenant fails shall fail to pay any installment of the Annual Fixed Rent, or any Additional Rent or any other sum required to be paid hereunder when monetary amount due under this Lease on or before the date on which the same becomes due and Tenant fails to cure payable, and such breach within failure continues for five (5) days after written notice from Landlord that such thereof, or (b) Landlord having rightfully given the notice specified in (a) above to Tenant twice in any twelve (12) month period, Tenant shall fail thereafter to pay the Annual Fixed Rent, Additional Rent or any other sum is past duemonetary amount due under this Lease on or before the date on which the same becomes due and payable; providedor (c) Tenant shall fail to perform or observe some term or condition of this Lease which, howeverbecause of its character, that would immediately jeopardize Landlord's interest (such notice shall be as, but without limitation, failure to maintain general liability insurance, or the employment of labor and contractors within the Premises which interfere with Landlord's work, in lieu ofviolation of Section 4.3 or Section 9.3), and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; such failure continues for three (ii) If Tenant fails to execute and deliver to Landlord, within ten (103) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;notice from Landlord to Tenant thereof; or (iiid) If Tenant fails shall fail to perform or observe any other requirement, term, covenant or condition of this Lease except as provided (not hereinabove in Paragraphs 26.A.(ithis Section 15.1 specifically referred to) on the part of Tenant to be performed or observed and such failure shall continue for thirty (ii30) abovedays after notice thereof from Landlord to Tenant, and or if said default shall reasonably require longer than thirty (30) days to cure, if Tenant fails shall fail to commence to cure such breach said default within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within thereof and/or fail to continuously prosecute the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes curing of the same to completion;completion with due diligence; or (ive) If The estate hereby created shall be taken on execution or by other process of law; or (f) Tenant assigns its assets shall make an assignment or trust mortgage arrangement, so-called, for the benefit of its creditors;; or (vg) If the sequestration Tenant shall judicially be declared bankrupt or attachment insolvent according to law; or (h) a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of all or execution on any material substantial part of Tenant's Personal Property essential to the conduct property by a court of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when duecompetent jurisdiction; or (viii) If a court makes any petition shall be filed against Tenant in any court, whether or enters not pursuant to any decree or order other than under the bankruptcy laws statute of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; any State, in any bankruptcy, reorganization, composition, extension, arrangement or directing the winding up or liquidation of Tenant insolvency proceeding, and such decree proceedings shall not be fully and finally dismissed within sixty (60) days after the institution of the same; or (j) Tenant shall file any petition in any court, whether or order shall have continued for a period not pursuant to any statute of thirty (30) daysthe United States or any State, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceeding.

Appears in 1 contract

Sources: Lease Agreement (Medicines Co/ Ma)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist ------------------ if any of the following following, occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach under this Lease within five (5) business days after written notice from Landlord that the date such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) 20 days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) 20 day period; providedprovided that, however, that where such failure could not reasonably be cured within the thirty (30) 20 day period, that Tenant shall not be in default if it commences such such, performance within the thirty (30) 20 day period and diligently thereafter prosecutes the same to completion;; or (iviii) If The making by Tenant assigns its assets of any general assignment for the benefit of its creditors; ; the filing, by or against Tenant of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (v) If unless, in the sequestration case of a petition filed against Tenant, the same is dismissed with 60 days after such filing); the appointment of a trustee or attachment receiver to take possession of all or execution on any material part substantially all of Tenant's Personal Property essential to assets located at the conduct Premises or of Tenant's business occursinterest in this Lease, and where possession is not restored to Tenant fails to obtain a return with 60 days after such appointment; the attachment, execution or release other judicial seizure of all or substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such Personal Property seizure is not discharged within thirty (30) 60 days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving if Tenant is generally not paying its debts as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysthey become due.

Appears in 1 contract

Sources: Lease Agreement (International Network Services)

Tenant’s Default. A default under this Lease The following conditions shall be considered a "Default" by Tenant shall ---------------- exist if any of the following occursTenant: (ia) If Tenant fails failure to pay Base Rent or the scheduled amount of any Additional Rent when due, provided that with the first failure to pay on any twelve (12) month period, Tenant shall be entitled to written notice and five (5) day cure period, or failure to pay any unscheduled payment of Additional Rent or any other sum required charge payable by Tenant to be paid Landlord hereunder when due and Tenant fails to cure such breach within five fifteen (515) days after written of receipt by Tenant of Landlord's notice from Landlord that such Rent amount is due; or (b) Tenant's leasehold estate is taken by execution or other sum process of law; or Tenant is past liquidated, dissolved, commits an act of bankruptcy, is declared bankrupt or insolvent according to law or admits in writing its inability to pay debts generally as they become due; provided, howeveror an assignment of Tenant's property is made for the benefit of creditors or a receiver, that such notice shall be in lieu ofguardian, and not in addition toconservator, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27trustee or assignee, or any estoppel certificate required other similar officer or person is appointed to take charge of any part of Tenant's property; or any reorganization or similar proceedings are commenced by or against Tenant under Paragraph 31;any bankruptcy or insolvency law and not dismissed within sixty (60) days from its commencement; or any court enters an order providing for the modification of rights of Tenant's creditors; or (iiic) If Tenant fails to perform any other term, covenant vacating the Premises or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within closing for business for an aggregate period during the Term exceeding thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets except for the benefit of its creditors; (v) If the sequestration fire or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when duecasualties; or (viid) If a court makes Transfer without Landlord's prior written consent; or (e) failure to perform or enters observe any decree other Lease terms or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued covenants for a period of thirty (30) days after notice, or if same shall reasonably take longer than thirty (30) days, if Tenant fails to commence same promptly and to complete same with due diligence; or (f) any other breach for which the Lease gives Landlord the right of termination. If Tenant Defaults, Landlord may at any time until the Default is cured either (1) terminate this Lease by written notice effective on the date of the notice or on any date specified in the notice, or (2) without demand or notice, re-enter, take possession and repossess the Premises and, with a court order and at Tenant's risk, expel Tenant and those claiming under Tenant and remove, store and sell their effects at public action, all without prejudice to any remedies for arrearages or preceding Defaults. The net proceeds of any sale shall be applied to sums due to Landlord from Tenant and the balance paid to Tenant. Tenant waives all statutory rights (including rights of redemption) to the extent such rights may be lawfully waived. With or without terminating this Lease, Landlord may re-let all or any part of the Premises from time to time for periods (even if beyond the Term of this Lease), at such rental, and upon the terms and conditions as Landlord deems advisable, and may make Improvements and Repairs to the Premises. No re-entry or taking of possession by Landlord shall terminate this Lease unless Landlord gives a written notice of such intention to Tenant or a court of competent jurisdiction terminates the Lease.

Appears in 1 contract

Sources: Lease Agreement (Envision Development Corp /Fl/)

Tenant’s Default. A default under At the option of Landlord, a material breach of this Lease by Tenant shall ---------------- exist if any of the following occurs: events (severally, "Event of Default"; collectively, "Events of Default") shall occur: (i) If if Tenant fails shall have failed to pay Rent Rent, including Tenant's Percentage Share of increased Operating Expenses, Tenant's Percentage Share of increased Real Property Taxes, or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after written notice the date when due, together with interest at the Interest Rate, from Landlord that such Rent or other sum is past duethe date the amount became due through the date of payment, inclusive; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If if Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails shall have failed to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails shall have failed to cure such the breach within thirty fifteen (3015) days after written notice from Landlord where such if the breach could reasonably be cured within such thirty the fifteen (3015) day period; provided, however, that where such if the failure could not reasonably be cured within the thirty fifteen (3015) day period, that then Tenant shall not be in default unless it has failed to promptly commence and thereafter continue to make diligent and reasonable efforts to cure the failure as soon as practicable as reasonably determined by Landlord; (iii) if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns shall have assigned its assets for the benefit of its creditors; ; (viv) If if the sequestration or of, attachment of of, or execution on on, any material part of Tenant's Personal Property the property of Tenant or any property essential to the conduct of Tenant's business occursshall have occurred, and Tenant fails shall have failed to obtain a return or release of such Personal Property the property within thirty (30) days thereafter, or prior to sale pursuant to such any sequestration, attachment or levy, whichever is earlier; ; (v) if Tenant shall have failed to continuously and uninterruptedly conduct its business in the Premises, or shall have abandoned or vacated the Premises; (vi) If Tenant if a court shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes made or enters entered any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; , or approving as properly property filed a petition seeking reorganization of Tenant; , or directing the winding up or liquidation of Tenant Tenant, and such the decree or order shall have continued for a period of thirty (30) days; (vii) if Tenant shall make or suffer any transfer which constitutes a fraudulent or otherwise avoidable transfer under any provision of the federal Bankruptcy Laws or any applicable state law; or (viii) if Tenant shall have failed to comply with the provisions of Section 24 or 26. An Event of Default shall constitute a default under this Lease.

Appears in 1 contract

Sources: Lease (Seagate Software Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any of the following occursshall be a “Default”: (i) If i. Tenant fails to pay any installment of Base Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) business days after the same is due and such failure continues following seven (7) days’ written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;to Tenant. (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If . Tenant fails to perform or observe any other term, condition, covenant or condition of obligation required under this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within for a period of thirty (30) days after written notice thereof from Landlord where such breach could reasonably be cured within such thirty (30) day periodLandlord; provided, however, that where if the nature of Tenant’s default is such failure could not reasonably be cured within the that more than thirty (30) day perioddays are reasonably required to cure, that then such default shall be deemed to have been cured if Tenant shall not be in default if it commences such performance within the said thirty (30) day period and thereafter diligently thereafter prosecutes completes the required action(s) within a reasonable time. iii. All or substantially all of Tenant’s assets in the Leased Premises or Tenant’s interest in this Lease are attached or levied under execution (and Tenant does not discharge the same within sixty (60) days thereafter); a petition in bankruptcy, insolvency or for reorganization or arrangement is filed by or against Tenant (and Tenant fails to completion; secure a stay or discharge thereof within sixty (iv60) If days thereafter); Tenant assigns is insolvent and unable to pay its assets debts as they become due; Tenant makes a general assignment for the benefit of creditors; Tenant takes the benefit of any insolvency action or law; the appointment of a receiver or trustee in bankruptcy for Tenant or its creditors; (v) If the sequestration assets if such receivership has not been vacated or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property set aside within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes , dissolution or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization termination of Tenant; or directing the winding up or liquidation of ’s corporate charter if Tenant and such decree or order shall have continued for is a period of thirty (30) dayscorporation.

Appears in 1 contract

Sources: Lease Agreement (Franklin Financial Network Inc.)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty twenty (3020) days after written notice from Landlord where such breach could reasonably be cured within such thirty twenty (3020) day period; provided, however, that where such failure could not reasonably be cured within the thirty twenty (3020) day period, that Tenant shall not be in default if it commences such performance within the thirty twenty (3020) day period and diligently thereafter prosecutes the same to completion; (iviii) If Tenant assigns its assets for the benefit of its creditors; (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (viv) If Tenant shall have abandoned abandons the Premises and failed to pay Rent when duePremises; or (viivi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days. Any notice provided by Landlord pursuant to Paragraph 25.A.(i) or Paragraph 25.A.(ii) above shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions provided that such notice satisfies the requirements of that section.

Appears in 1 contract

Sources: Lease (C Cube Microsystems Inc)

Tenant’s Default. A At the option of Landlord, a default under this Lease by Tenant shall ---------------- exist if any of the following occurs:events shall occur (each is called an "Event of Default"): (ia) If Tenant fails to pay the Rent or any other sum required to be paid hereunder payable hereunder, as and when due and Tenant fails to cure such breach within five due, for a period of three (53) days after written notice from Landlord that such Rent or other sum is past dueNotice by Landlord; provided, however, that such notice the Notice given hereunder shall be in lieu of, and not in addition to, any notice required under Section 1161 1161, et seq., of the California Code of -- --- Civil Procedure; (b) Tenant attempts to make or suffers to be made any transfer, assignment or subletting, except as provided in Article XIV hereof; (c) Any of Tenant's rights under this Lease are sold or otherwise transferred by or under court order or legal process or otherwise or if any of the actions described in Section 15.2 are taken by or against Tenant or any Guarantor; (d) The Premises are used for any purpose other than as permitted pursuant to Article V; (e) Tenant vacates or abandons the Premises or fails to continuously and uninterruptedly conduct its business in the Premises; (f) Any representation or warranty given by Tenant under or in connection with this Lease proves to be materially false or misleading; (g) Tenant fails to timely comply with the provisions of Article VI ("Hazardous Materials"), Article XIV ("Assignment and Subletting"), Article XVI ("Subordination; Estoppel Certificate; Financials"), Section 21.5 ("Modifications for Mortgagees") or Section 21.19 ("Authority"); or (h) Tenant fails to observe, keep, perform or cure within fifteen (15) days after Notice by Landlord any of the other terms, covenants, agreements or conditions contained in this Lease or those set forth in any other agreements or rules or regulations which Tenant is obligated to observe or perform. In the event such default reasonably could not be cured or corrected within such fifteen-day period, but is reasonably susceptible to cure or correction, then Tenant shall not be in default hereunder if Tenant commences the cure or correction of such default within such fifteen-day period and diligently prosecutes the same to completion after commencing such cure or correction. The Notice required by this Section 15.1(h) shall be in lieu of, and not in addition to, any notice required under Section 1161, et seq., of the California Code of Civil Procedure regarding unlawful detainer actions; Procedure. -- --- (iii) If Tenant fails to execute provide to Landlord initial evidence of all insurance required of Tenant under this Lease, and deliver the renewal thereof from time to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation time as required in this Lease. Notices given under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If this Section 15.1 shall specify the alleged default and shall demand that Tenant fails to perform any other term, covenant or condition the provisions of this Lease except or pay the Rent that is in arrears, as provided in Paragraphs 26.A.(i) or (ii) abovethe case may be, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day applicable period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereaftertime, or prior to sale pursuant to quit the Premises. No such sequestration, attachment Notice shall be deemed a forfeiture or levy, whichever is earlier; (vi) If Tenant shall have abandoned a termination of this Lease unless Landlord so elects in the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysNotice.

Appears in 1 contract

Sources: Office Lease (Noosh Inc)

Tenant’s Default. A The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant shall ---------------- exist if any of the following occursTenant: (i) If 17.1.1 Tenant fails to pay Rent any rent payment or any other sum required to be paid hereunder when due and Tenant fails to cure such breach under this Lease within five (5) days after written notice from Landlord that such Rent or other sum the same is past due. 17.1.2 Tenant fails to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) days (or such shorter time provided herein) after notice thereof from Landlord; provided, however, that such notice shall be in lieu ofif the term, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other termcondition, covenant or condition obligation to be performed by Tenant is of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach nature that the same cannot reasonably be cured within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that and if Tenant shall not be in default if it commences such performance within the said thirty (30) day period and thereafter diligently thereafter prosecutes undertakes to complete the same to completion;same, then such failure shall not be a default hereunder if it is cured within sixty (60) days following Landlord's notice. (iv) If 17.1.3 Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration abandons, or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafteroccupy the Premises, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days. 17.1.4 A trustee, disbursing agent or receiver is appointed to take possession of all or substantially all of Tenant's assets in, on or about the Premises or of Tenant's interest in this Lease and Tenant does not regain possession within sixty (60) days after such appointment; Tenant or any Guarantor makes an assignment for the benefit of creditors; or all or substantially all of Tenant's assets in, on or about the Premises or Tenant's interest in this Lease are attached or levied upon under execution and Tenant does not discharge the same within sixty (60) days thereafter. 17.1.5 A petition in bankruptcy, insolvency or for reorganization or arrangement is filed by or against Tenant or any Guarantor pursuant to any federal or state statute and, with respect to any such petition filed against it, Tenant or such Guarantor fails to secure a stay or discharge thereof within sixty (60) days after the filing of the same. 17.1.6 Immediately, in the event of any assignment, subletting or other transfer for which the prior consent of Landlord is required under this Lease and has not been obtained. 17.1.7 Immediately, in the event of discovery of any false or misleading statement concerning financial information submitted by Tenant and/or any Guarantor to Landlord in connection with obtaining this Lease or any other consent or agreement by Landlord.

Appears in 1 contract

Sources: Office Space Lease (Software Technologies Corp/)

Tenant’s Default. A The occurrence of any one or more of the following events shall constitute a default under and breach of this Lease by Tenant shall ---------------- exist if any of the following occurs: Tenant: (ia) If Tenant fails failing to pay any Rent or any other sum required to be paid hereunder charges when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within failure continues for ten (10) days after Landlord's following receipt of written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; notice of such failure from Landlord to Tenant; (iiib) If Tenant fails failing to abide by the use restrictions set forth in Section 8.2; (c) failing to promptly and fully perform any other termcovenant, covenant condition or condition of agreement contained in this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure should such breach within failure continue for thirty (30) days after written notice thereof from Landlord where such breach could reasonably be cured within such thirty (30) day periodto Tenant; provided, however, Tenant shall have an additional sixty (60) days to cure if the failure to perform is such that where such failure could it cannot reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior and Tenant commences to sale pursuant cure within said 30-day period and diligently pursues such cure to such sequestration, attachment or levy, whichever is earlier; completion; (vid) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant permitting Tenant’s assets to be insolvent; placed in the hands of a receiver or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued trustee for a period in excess of thirty (30) days; making an assignment for the benefit of creditors; instituting any proceedings under any bankruptcy act wherein Tenant seeks to be adjudicated a bankrupt, to be discharged of its debts, or to effect a plan of liquidation, extension or reorganization; failing to have dismissed within sixty (60) days any involuntary proceeding filed against Tenant under any bankruptcy act; becoming insolvent; or failing to have dismissed within thirty (30) days any proceedings seeking to execute or levy against or attach fifty percent (50%) or more of Tenant’s assets; (e) causing or permitting to be caused a violation of any Laws; or (f) an event of default occurs by Tenant under the Development Agreement or the Parking License Agreement, beyond the applicable notice and cure periods set forth therein. Any notice provided above shall be in lieu of and not in addition to any notice required by any Laws, except as otherwise not permitted by the Laws of the State.

Appears in 1 contract

Sources: Lease

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if Landlord, at its election, may exercise any one or more of the options referred to below upon the happening, or at any time after the happening, of any one or more of the following occursevents, to wit: (i) If Tenant fails A. Tenant’s failure to pay Rent the Rent, Additional Rent, or any other sum required to be paid sums payable hereunder when due and Tenant fails to cure such breach within five for a period of three (53) days after written notice from Landlord that such Rent by Landlord; B. Tenant’s failure to observe, keep or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, perform any notice required under Section 1161 of the California Code other terms, covenants, agreements or conditions of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute this Lease or in the Building Rules and deliver to Landlord, within Regulations for a period of ten (10) days after written notice by Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition C. The bankruptcy of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completionTenant; (iv) If Tenant assigns its assets D. Tenant’s making an assignment for the benefit of its creditors; (v) If the sequestration E. A receiver or attachment of trustee being appointed for Tenant or execution on any material part a substantial portion of Tenant's Personal Property essential ’s assets; F. Tenant’s voluntary petitioning for relief under, or otherwise seeking the benefit of, any bankruptcy, reorganization, arrangement or insolvency law; K. Tenant’s deserting, vacating or abandoning any substantial portion of the Premises or attempting to mortgage, or pledge or otherwise encumber in anyway its interest hereunder; L. Tenant’s interest under this Lease being sold under execution or other legal process; M. Tenant’s interest under this Lease being modified or altered by any unauthorized assignment or subletting or by operation of law; N. Any of the conduct goods or chattels of Tenant used in, or incident to, the operation of Tenant's ’s business occursin the Premises being seized, sequestered, or impounded by virtue of, or under authority of, any legal proceeding; O. Tenant’s failure to pay duly and timely the Rent, Additional Rent, or any other sums payable hereunder when due for two (2) consecutive months or for a total of four (months in any lease or calendar year, no notice whatsoever to be due Tenant from Landlord; P. Tenant’s failure to operate continuously during normal business hours from the Premises in a fully-staffed, fully-equipped manner and/or as contemplated by Item 1, Section D of this Lease; Q. Tenant’s failure to take occupancy of the Premises when same is tendered by Landlord to Tenant, unless Rent has been prepaid to cover the applicable period of non-occupancy. In the event of any of the foregoing happenings, Landlord, at its election, may exercise any one or more of the following options, the exercise of any of which shall not be deemed to preclude the exercise of any other herein listed or otherwise provided by statute or general law at the same time or in subsequent times or actions: A. Terminate Tenant’s right to possession under the Lease and re-enter and retake possession of the Premises and relet or attempt to relet the Premises on behalf of Tenant at such rent and under such terms and conditions as Landlord may deem best under the circumstances for the purpose of reducing Tenant’s liability. Landlord shall not be deemed to have thereby accepted a surrender of the Premises, and Tenant fails shall remain liable for all Rent, Additional Rent, or other sums due under this Lease and for all damages suffered by Landlord because of Tenant’s breach of any of the covenants of the Lease. B. Declare this Lease to obtain be terminated, ended and null and void, and re-enter upon and take possession of the Premises whereupon all right, title and interest of Tenant in the Premises shall end. C. Accelerate and declare the entire remaining unpaid Rent and Additional Rent for the balance of this Lease to be immediately due and payable forthwith, and may, at once, take legal action to recover and collect the same. No re-entry or retaking possession of the Premises by Landlord shall be construed as an election on its part to terminate this Lease, unless a return or release written notice of such Personal Property within thirty (30) days thereafterintention be given to Tenant, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent or other monies due to Landlord hereunder or of any damages accruing to Landlord by reason of the violations of any of the terms, provisions and covenants herein contained. Landlord’s acceptance of Rent or Additional Rent or other monies following any event of default hereunder shall not be construed as Landlord’s waiver of such event of default. No forbearance by Landlord of action upon any violation or breach of any of the terms, provisions, and covenants herein contained shall be deemed or construed to constitute a waiver of the terms, provisions, and covenants herein contained. Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of any other violation or default. Legal actions to recover for loss or damage that Landlord may suffer by reason of termination of this Lease or the deficiency from any reletting as provided for above shall include the expense of repossession or reletting and any repairs or remodeling undertaken by Landlord following repossession. The parties hereto shall, and they hereby do, waive trial by jury in any action, proceeding, or prior counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of, or in any way connected with, this Lease, the relationship of landlord and tenant, Tenant’s use or occupancy of the Premises and/or Building, and/or claim of injury or damage. In the event Landlord commences any proceeding to sale pursuant enforce this Lease or the landlord/tenant relationship between the parties or for nonpayment of Rent (of any nature whatsoever) or additional monies due Landlord from Tenant under this Lease, Tenant will not interpose any counterclaim of whatever nature or description in any such proceedings. In the event Tenant must, because of applicable court rules, interpose any counterclaim or other claim against Landlord in such proceedings, Landlord and Tenant covenant and agree that, in addition to any other lawful remedy of Landlord, upon motion of Landlord, such sequestration, attachment counterclaim or levy, whichever is earlier; (vi) If other claim asserted by Tenant shall have abandoned be severed out of the Premises proceedings instituted by Landlord (and, if necessary, transferred to a court of different jurisdiction), and failed the proceedings instituted by Landlord may proceed to final judgment separately and apart from and without consolidation with or reference to the status of each counterclaim or any other claim asserted by Tenant. The parties hereto agree that any and all suits for any and every breach of this Lease shall be instituted and maintained only in those courts of competent jurisdiction in the county or municipality in which the Building is located. In the event it shall become necessary (as determined by Landlord) for Landlord at any time to institute or defend any legal action or proceedings of any nature for the enforcement of, or as regards, this Lease, or any of the provisions hereof, or any of its statutory or common law rights as concern Tenant, or to employ an attorney therefore, Tenant agrees to pay Rent when due; or (vii) If a all court makes or enters any decree or order other than under the bankruptcy laws costs and attorney’s fees incurred by Landlord. Time is of the United States adjudging essence of this Lease; and in case Tenant shall fail to perform the covenants on its part to be performed at the time fixed for the performance of such respective covenants by the provisions of this Lease, Landlord may declare Tenant to be insolvent; or approving as properly filed a petition seeking reorganization in default of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysLease.

Appears in 1 contract

Sources: Lease Agreement (Unilens Vision Inc)

Tenant’s Default. A The occurrence of any one or more of the following events shall, at Landlord's option, constitute a default under and breach of this Lease by Tenant shall ---------------- exist if any Tenant: 20.1 The vacation or abandonment of the following occurs:Premises by Tenant for a period of ten (10) consecutive days or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse; (i) If 20.2 The failure by Tenant fails to pay make any payment of Rent, Additional Rent or any other sum payment required hereunder on the date said payment is due; 20.3 The failure by Tenant to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent observe, perform or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, comply with any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlordconditions, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, covenants or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition provisions of this Lease (except as provided in Paragraphs 26.A.(ifailure to make any payment of Rent and/or Additional Rent) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be failure is not cured within such thirty (30) day period; provided, however, that where the time period required under the provisions of this Lease. Tenant agrees: if such failure could is susceptible of cure but cannot reasonably be cured within the thirty aforementioned time period (30) day periodif any), that as determined reasonably by Landlord, Tenant shall not be in default if it commences promptly commence the cure of such performance failure and thereafter diligently prosecute such cure to completion within the thirty (30) day time period and diligently thereafter prosecutes the same specified by Landlord in any written notice regarding such failure as may be delivered to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration by Landlord. In no event or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and circumstance shall Tenant fails to obtain a return or release of such Personal Property within have more than thirty (30) days thereafterto complete any such cure, unless otherwise expressly agreed to in writing by Landlord; 20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation, or prior reorganization of Tenant under any law relating to sale pursuant bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such sequestrationfiling, attachment the appointment of a receiver or levyother custodian to take possession of substantially all of Tenant's assets or this leasehold, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed Tenant's insolvency or inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 The making of any material misrepresentation or omission included but not limited to any financial information by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or 20.6 A material adverse change in the financial condition of Tenant or an affiliated entity of Tenant which may adversely affect Tenant's ability to perform all or any portion of its obligations under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Natrol Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after of the date said payment is due. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) thirty (30) days of the date on which Landlord delivers written notice from Landlord that of such Rent or failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other sum is past due; provided, however, that such notice shall be in lieu ofthan with respect to Hazardous Materials, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivers written notice from Landlord where of such breach could failure to Tenant for all failures in any way related to Hazardous Materials. However, Tenant shall not be in default of its obligations hereunder if such failure cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (3010) day period as applicable, and Tenant promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than forty five (45) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer 13 14 period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debt when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use of storage of Hazardous Materials in, on or about the Premises and/or the Building, other than as expressly permitted by the provisions of Section 29 below; or 20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.

Appears in 1 contract

Sources: Lease Agreement (Jabil Circuit Inc)

Tenant’s Default. A The occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("DEFAULT"): (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or any vacation or abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease by and waives any right to any other or further notice or service of notice which Tenant shall ---------------- exist if may have under any of the following occurs:statute or law now or hereafter in effect; (ib) If Tenant fails Failure to pay any installment of Rent or any other sum required to be paid hereunder when monies due and payable hereunder, said failure continuing for a period of three (3) business days after the same is due; (c) A general assignment by Tenant fails to cure for the benefit of creditors; (d) The filing of a voluntary petition in bankruptcy by Tenant, the filing by Tenant of a voluntary petition for an arrangement, the filing by or against Tenant of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant, said involuntary petition remaining undischarged for a period of sixty (60) days; (e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such breach within five attachment or other seizure remaining undismissed or undischarged for a period of sixty (560) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actionslevy thereof; (iif) If The failure by Tenant fails to maintain its legal existence, if Tenant is a corporation, partnership, limited liability company, trust or other legal entity; (g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40; (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto; (i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7; (j) Failure in the performance of any of Tenant's covenants, within agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or (m) above or any other subparagraphs of this Paragraph 24, which shall be governed by such other Paragraphs), which failure continues for ten (10) days after Landlord's written request therefornotice thereof from Landlord to Tenant, any subordination documentation required under Paragraph 27provided that, or any estoppel certificate required under Paragraph 31; (iii) If if Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails has exercised reasonable diligence to cure such breach within thirty (30) days after written notice from Landlord where failure and such breach could reasonably failure cannot be cured within such thirty ten (3010) day period; providedperiod despite reasonable diligence, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period under this subparagraph so long as Tenant thereafter diligently and diligently thereafter continuously prosecutes the same cure to completioncompletion and actually completes such cure within sixty (60) days after the giving of the aforesaid written notice; (ivk) If Chronic delinquency by Tenant assigns its assets for in the benefit payment of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafterRent, or prior any other periodic payments required to sale pursuant be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to such sequestrationpay Rent, attachment or levyany other payments required to be paid by Tenant under this Lease within three (3) business days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any period of twelve (12) months. In the event of a Chronic delinquency, whichever is earlier; (vi) If Tenant in addition to Landlord's other remedies for Default provided in this Lease, at Landlord's option, Landlord shall have abandoned the Premises and failed right to pay require that Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging be paid by Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.quarterly, in advance;

Appears in 1 contract

Sources: Lease Agreement (Affymetrix Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 18.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse; 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required hereunder, or to be paid hereunder when due and Tenant fails fulfill any obligation under this Lease which endangers or threatens imminent damage or injury to cure such breach life or property, within five (5) business days after of receipt of written notice from Landlord that such Rent or other sum amount is past due; provideddue or of such failure to fulfill any obligation; 18.3 The failure by Tenant to observe, howeverperform or comply with any of the conditions, that covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) thirty (30) days of the date on which Landlord delivers written notice shall be of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in lieu ofSection 27 hereof), (b) Tenant making the repairs, maintenance and not in addition to, any notice replacements required under the provisions of Section 1161 11.1 hereof, which endangers or threatens imminent damage or injury to life or property, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an "SNDA"), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the California Code of Civil Procedure regarding unlawful detainer actions; "Transfer Documents"), an estoppel certificate and insurance certificates, (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's of the date on which Landlord delivers written request therefornotice of such failure to Tenant for all failures in any way related to Hazardous Materials or Tenant failing to timely make the repairs, any subordination documentation maintenance or replacements required under Paragraph 27by Section 11.1 which endangers or threatens imminent damage or injury to life or property, or any estoppel certificate required under Paragraph 31; and (iii) If Tenant fails to perform any other termthe time period, covenant or condition if any, specified in the applicable sections of this Lease except as provided with respect to subordination, assignment and sublease, estoppel certificates and insurance. However, Tenant shall not be in Paragraphs 26.A.(idefault of its obligations hereunder if such failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1 which endangers or threatens imminent damage or injury to life or property, or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period shall be given to Tenant) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion;, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than ninety (90) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or (iv) If 18.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold.

Appears in 1 contract

Sources: Lease Agreement (New Focus Inc)

Tenant’s Default. A The occurrence of any one or more of the following events (Event(s) of Default) will constitute a default under and breach of this Lease by Tenant: (a) Tenant’s failure to pay any Base Rent or additional rent (including, without limitation, the Impositions) when due and the continuance of that failure for more than 10 days after the date on which Landlord gives Tenant shall ---------------- exist if written notice of the delinquency; (b) Tenant’s failure to observe or perform any of the following occurs: (i) If covenants, conditions or provisions of this Lease that Tenant fails to pay must observe or perform, other than the payment of Base Rent or any other sum additional rent (excluding Tenant’s obligation to maintain the insurance required pursuant to be paid hereunder when due and Tenant fails to cure such breach within five (5) Section 16), where the failure continues for a period of 30 days after Tenant’s receipt of written notice from Landlord that such Rent or other sum is past dueLandlord; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 but if the nature of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If obligation that Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails has failed to perform any other termis such that more than 30 days are reasonably required for its rectification, covenant or condition then an Event of this Lease except Default will not occur so long as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured commences the rectification within the thirty (initial 30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) -day period and diligently thereafter and continuously prosecutes the same rectification to completion;; or (ivc) If the making by Tenant assigns its assets of any general assignment or general arrangement for the benefit of its creditors; (v) If ; the sequestration filing by or attachment against Tenant of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization relief under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, Tenant causes the petition to be dismissed within 60 days after the date of its filing); the appointment of a trustee or a receiver to take possession of substantially all of Tenant’s assets located in the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within 60 days after the date of the appointment; or directing the winding up attachment, execution or liquidation other judicial seizure of substantially all of Tenant’s assets located in the Premises or of Tenant’s interest in this Lease unless Tenant and such decree or order shall have continued for a period causes the seizure to be discharged within 60 days after the date of thirty (30) daysthe initiation of the seizure.

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required hereunder on the date said payment is due. Tenant agrees to be paid hereunder when due notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant fails may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to cure such breach within five (5) days after written notice from Landlord that such Rent observe, perform or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, comply with any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlordconditions, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, covenants or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition provisions of this Lease (except as provided in Paragraphs 26.A.(ifailure to make any payment of Rent and/or Additional Rent) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be failure is not cured within such thirty (30) day period; provided, however, that where the time period required under the provisions of this Lease. If such failure could is susceptible of cure but cannot reasonably be cured within the thirty aforementioned time period (30) day periodif any), that as determined reasonably by Landlord, Tenant shall not be in default if it commences promptly commence the cure of such performance failure and thereafter diligently prosecute such cure to completion within the thirty time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than sixty (3060) day period and diligently thereafter prosecutes the same days to completioncomplete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord's sole discretion); (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or 20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.

Appears in 1 contract

Sources: Lease Agreement (Interlink Electronics)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after the date written notice from Landlord that is given to Tenant of such Rent or other sum is past duefailure; provided, however, that such no notice shall be in lieu of, and not in addition to, required to be given to Tenant of any notice required under Section 1161 of such failures occurring during the California Code of Civil Procedure regarding unlawful detainer actions;twelve (12) month period following the first such failure; or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty fifteen (3015) days after written notice from Landlord where such breach could reasonably be cured within such thirty fifteen (3015) day period; provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be in default if it commences such performance cure within the thirty fifteen (3015) day period and thereafter diligently thereafter prosecutes the same to completion;, which completion shall occur not later than sixty (60) days from the date of receipt of written notice from Landlord; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's ’s Personal Property essential to the conduct of Tenant's ’s business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Lease (Brooks Automation Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 23.1.1. If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within after five (5) days after written notice from by Landlord that such Rent or other sum is past dueto Tenant, except as provided in Section 23.1.5 of this Lease; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) 23.1.2. If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; , provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion;, or if Tenant shall fail to perform or observe any of the provisions required to be performed or observed by Tenant under any other agreement relating to the Premises; or (iv) If Tenant assigns its assets 23.1.3. If, to the extent permitted by applicable law, there shall be filed by or against Tenant, in any court pursuant to any statute either of the United States or any state, a petition in bankruptcy or insolvency or for the benefit of its creditors; (v) If the sequestration or attachment reorganization of or execution on for the appointment of a receiver, trustee or liquidator for all or any material part portion of the assets of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property and, within thirty (30) days thereafter, Tenant fails to secure a discharge thereof, or prior to sale pursuant to such sequestrationif Tenant makes an assignment for the benefit of creditors, attachment or levy, whichever is earlier; (vi) If if Tenant shall have abandoned the Premises and failed admits in writing its or their inability to pay Rent when dueits or their debts; or 23.1.4. If tenant shall fail to take possession of and/or occupy the Premises within the thirty (vii30) If a court makes days following the Lease Commencement Date or enters any decree if Tenant shall vacate, desert or order other than under the bankruptcy laws abandon substantially all of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued Premises for a period of thirty forty-five (3045) daysdays at any time following the Lease Commencement Date except during the last twelve (12) months prior to either the end of the Term (as the same may have been extended or renewed pursuant to the terms of this Lease) or any of the Cancellation Dates; or 23.1.5. The chronic delinquency by Tenant in the payment of monthly Rent, or any other periodic payments required to be paid by Tenant under this Lease, shall constitute a default. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease within five (5) days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a chronic delinquency, at Landlord's option, Landlord shall have the additional right to require that Rent be paid by Tenant quarter-annually, in advance.

Appears in 1 contract

Sources: Assignment of Lease (Vialog Corp)

Tenant’s Default. A At the option of Landlord, a default under this Lease by Tenant shall ---------------- exist if any of the following occurs: events shall occur (i) If each is called an "Event of Default"): Tenant fails to pay the Rent or any other sum required to be paid hereunder payable hereunder, as and when due and Tenant fails to cure such breach within due, for a period of five (5) days after written notice from Landlord that such Rent or other sum is past dueNotice by Landlord; provided, however, that such notice the Notice given hereunder shall be in lieu of, and not in addition to, any notice required under Section 1161 1161, et seq., of the California Code of Civil Procedure regarding unlawful detainer actions; Procedure; Tenant attempts to make or suffers to be made any transfer, assignment or subletting, except as permitted in Article XIV hereof; Any of Tenant's rights under this Lease are sold or otherwise transferred by or under court order or legal process or otherwise or if any of the actions described in Section 15.2 are taken by or against Tenant or any Guarantor; The Premises are used for any purpose other than as permitted pursuant to Article V; Tenant vacates or abandons the Premises or fails to continuously and uninterruptedly conduct its business in the Premises; Any representation or warranty given by Tenant under or in connection with this Lease proves to be materially false or misleading; Tenant fails to timely comply with the provisions of (i) Section 3.2 ("Term and Commencement") within five (5) days after Notice thereof, (ii) If Article VI ("Hazardous Materials") within the time periods set forth therein, (iii) Article XI (Indemnity and Insurance) within five (5) days after Notice thereof, (iv) Article XIV ("Assignment and Subletting") within five (5) days after Notice thereof, (v) Article XVI ("Subordination; Estoppel Certificate; Financials") within the time periods set forth therein, (vi) Section 19.2 ("Holding Over") within the time periods set forth therein, or (vii) Section 21.5 ("Modifications for Mortgagees") within the time periods set forth therein; or Tenant fails to execute and deliver to Landlordobserve, keep, perform or cure within ten fifteen (1015) days after Landlord's written request thereforNotice by Landlord any of the other terms, covenants, agreements or conditions contained in this Lease or those set forth in any other agreements or rules or regulations which Tenant is obligated to observe or perform. The Notice required by this Subparagraph 15.1(h) shall be in lieu of, and not in addition to, any subordination documentation notice required under Paragraph 27Section 1161, et seq., of the California Code of Civil Procedure. No Notice given under this Section 15.1 shall be deemed a forfeiture or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition a termination of this Lease except as provided unless Landlord so elects in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysNotice.

Appears in 1 contract

Sources: Office Lease (8x8 Inc /De/)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay pay, within five (5) days after written notice from Landlord, any Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, howeverincluding, that such notice shall be in lieu of, and not in addition towithout limitation, any notice required Tenant Improvement Costs payable by Tenant under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;EXHIBIT B; or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion;; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Tenant's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If Tenant abandons the Premises; or (vi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days. (vii) If, at any time that Landlord or its Affiliate is also the owner of the premises leased by Tenant under that certain Lease between Martin/Campus Associates No. 2, L.P. a▇▇ ▇▇▇ant dated February 5, 1997, as amended by that certain First Amendment to Lease dated December 3, 1997 (the "575-595 Broadway Lease"), Tenant is in default under the 575-595 Broadway Lease beyond any appli▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ cure period.

Appears in 1 contract

Sources: Lease Agreement (Broadvision Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease Lease, except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty twenty (3020) days after written notice from Landlord where such breach could reasonably be cured within such thirty twenty (3020) day period; provided, however, that where such failure could not reasonably be cured within the thirty twenty (3020) day period, that Tenant shall not be in default if it commences such performance within the thirty twenty (3020) day period and diligently thereafter prosecutes the same to completion; (iviii) If Tenant assigns its assets for the benefit of its creditors; (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, occurs and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, thereafter or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (viv) If Tenant shall have abandoned the Premises, Tenant shall have the right to vacate the Premises so long as it continues to timely pay Rent, comply with its obligations under this Lease, and failed keep in effect all of its permits and licenses necessary to pay Rent when duecontinue its business at the Premises; or (viivi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Lease (Cruel World Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one of the following occurs:events shall constitute an event of default on the part of Tenant (“Default”): (a) The abandonment of the Premises; (b) Failure to pay any installment of Rent or any other monies due and payable hereunder, said failure continuing for a period of three (3) days after the same is due; provided, however, that Tenant shall be entitled to one notice of late payment and a five (5) day cure period in each twelve (12) month period; (c) A general assignment by Tenant or any guarantor or surety of Tenant’s obligations hereunder (collectively, “Guarantor”) for the benefit of creditors; (d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days; (e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof; (f) The failure by Tenant to maintain its legal existence, if Tenant is a corporation, partnership, limited liability company, trust or other legal entity; (g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42; (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto; (i) If Failure of Tenant fails to pay Rent restore the Letter of Credit to the amount and within the time period provided in Paragraph 7 above; (j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other subparagraphs of this Paragraph 24, which shall be governed by such other Paragraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within one hundred twenty (120) days after the giving of the aforesaid written notice; (k) Chronic delinquency by Tenant in the payment of Rent, or any other sum periodic payments required to be paid hereunder when due and by Tenant fails under this Lease. “Chronic delinquency” shall mean failure by Tenant to cure such breach pay Rent, or any other payments required to be paid by Tenant under this Lease within five (5) days after written notice from Landlord that such Rent thereof for any three (3) months (consecutive or other sum is past due; providednonconsecutive) during any period of twelve (12) months. In the event of a Chronic delinquency, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any ’s other term, covenant or condition of this Lease except as remedies for Default provided in Paragraphs 26.A.(i) or (ii) abovethis Lease, and Tenant fails to cure such breach within thirty (30) days after written notice from at Landlord’s option, Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed right to pay require that Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging be paid by Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.quarterly, in advance;

Appears in 1 contract

Sources: Lease Agreement (Alliance Fiber Optic Products Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 24.1.1 If Tenant fails to pay Rent, Additional Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) 24.1.2 If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails falls to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion;; or (iv) 24.1.3 If Tenant assigns its assets for the benefit of its creditors;; or (v) 24.1.4 If the sequestration or attachment of or execution on any material part of Tenant's Personal Property personal property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property personal property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier;; or (vi) 24.1.5 If Tenant fails to continuously or uninterruptedly conduct its business in the Premises, or shall have abandoned or vacated the Premises and failed to pay Rent when duePremises; or (vii) 24.1.6 If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; , or approving as properly filed a petition seeking reorganization of Tenant; , or directing the winding up or liquidation of Tenant Tenant, and such decree or order shall have continued for a period of thirty (30) days; or 24.1.7 The chronic delinquency by Tenant in the payment of monthly Rent, or any other periodic payments required to be paid by Tenant under this Lease, shall constitute a default. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease within three (3) days after written notice thereof for any two (2) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a chronic delinquency, at Landlord's option, Landlord shall have the additional right to require that monthly Rent be paid by Tenant quarter-annually, in advance.

Appears in 1 contract

Sources: Industrial Lease (Radio Systems Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Base Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach said failure within five ten (510) days after from receipt of verbal or written notice from Landlord that such Rent or other sum is past duelate three (3) or more times during any consecutive twelve (12) month period; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; , provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently and continuously thereafter prosecutes the same to completion;completion (but in no event longer than one hundred twenty (120) days subject to Force Majeure or unless out of the reasonable control of Tenant), or if Tenant shall fail to perform or observe any of the provisions required to be performed or observed by Tenant under any other agreement relating to the Premises, subject to the above cure periods; or (iviii) If If, to the extent permitted by applicable law, Tenant assigns its assets shall file or there shall be filed against Tenant, in any court pursuant to any statute either of the United States or any state, a petition or declaration of insolvency or for the benefit of its creditors; (v) If the sequestration or attachment reorganization of or execution on for the appointment of a receiver, trustee or liquidator for all or any material part portion of the assets of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property and, within thirty (30) days thereafter, Tenant fails to secure a discharge thereof, or prior to sale pursuant to such sequestrationif the Tenant makes an assignment for the benefit of creditors, attachment or levy, whichever if Tenant is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Microage Inc /De/)

Tenant’s Default. A Each of the following events shall be deemed to be events of default by Tenant under this Lease by (each, a “Tenant shall ---------------- exist if any Event of the following occurs:Default” and collectively, “Tenant Events of Default”): (i) If A. Tenant fails to pay Rent when or before due any other sum of money required to be paid hereunder when due by Tenant under this Lease and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within failure continues for ten (10) days after written notice thereof from Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; B. Except as provided in paragraph (iiic) If next below, Tenant fails to perform or comply with any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or on the part of Tenant to be kept and performed and such default continues for ten (ii) above, and Tenant fails to cure such breach within thirty (3010) days after written notice thereof from Landlord where such breach could reasonably be cured within such thirty (30) day periodto Tenant; provided, however, that where if the failure complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be done within said ten (10) day period, then such failure could not reasonably shall be deemed to be rectified or cured if Tenant shall, within the said thirty (30) day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence but in no event later than forty-five (45) days after such written notice; C. Tenant makes a representation or warranty in this Lease, or in any certificate, demand, or request made under this Lease, that proves to be incorrect, at any time during the Term, in any material respect and, to the extent the same is susceptible to being cured, such representation or warranty remains incorrect for a period of ten (10) days after written notice thereof by Landlord to Tenant; provided that if such incorrect representation or warranty complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be done within such ten (10) day period, then such incorrect representation or warranty shall be deemed to be rectified or cured if Tenant shall, within such ten (10) day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence; D. There is filed any petition in bankruptcy by or against Tenant, which petition is not be dismissed within ninety (90) days of its filing, or there is appointed a receiver or trustee to take possession of Tenant or of all or substantially all of the assets of Tenant, or there is a general assignment by Tenant for the benefit of creditors, or any action is taken by or against Tenant under any state or federal insolvency or bankruptcy act, or any similar law now or hereafter in default if it commences effect, including, without limitation, the filing of execution or attachment against Tenant and such performance within levy continues in effect for a period of sixty (60) calendar days; and E. If Tenant abandons or vacates the Leased Premises for thirty (30) day period and diligently thereafter prosecutes consecutive days of continuous non-use or fails to operate the same to completion; (iv) If Tenant assigns its assets Leased Premises for the benefit of its creditors; purposes contemplated in this Lease for ninety (v90) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursconsecutive days, and Tenant fails such conditions are not caused by the Leased Premises being Damaged or condemned or due to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssituation contemplated by Article 13.4.

Appears in 1 contract

Sources: Sublease Agreement

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one of the following occurs:events shall constitute an event of default on the part of Tenant (“Default”): (a) The vacation of the Premises for a consecutive period of sixty (60) days or more, without (i) If the intention of retaking possession or occupancy, and (ii) providing for the security of the Building, or the abandonment of the Premises by Tenant fails or any other vacation which would cause any insurance policy to be invalidated or otherwise lapse; (b) Failure to pay any installment of Rent or any other sum required to be paid hereunder when monies due and Tenant fails to cure such breach payable hereunder within five (5) days after written notice from Landlord that such Rent or other sum is past the date the same are due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (iic) If A general assignment by Tenant fails for the benefit of creditors; (d) The filing of a voluntary petition in bankruptcy by Tenant, the filing by Tenant of a voluntary petition for an arrangement, the filing by or against Tenant of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant, said involuntary petition remaining undischarged for a period of sixty (60) days; (e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof; (f) Death or disability of Tenant, if Tenant is a natural person, or the failure by Tenant to maintain its legal existence, if Tenant is a corporation, partnership, limited liability company, trust or other legal entity; (g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment in the time periods and manner required by Paragraphs 30 or 31 or 42; (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provisions of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord, within ten ’s consent thereto; (10i) days after Landlord's written request therefor, any subordination documentation Failure of Tenant to deposit the Letter of Credit with Landlord when required under Paragraph 277, or any estoppel certificate required under and/or failure of Tenant to restore the Letter of Credit to the amount and within the time period provided in Paragraph 317; (iiij) If Tenant fails to perform Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other term, covenant or condition subparagraphs of this Lease except as provided in Paragraphs 26.A.(i) or (ii) aboveParagraph 24, and Tenant fails to cure which shall be governed by such breach within other subparagraphs), which failure continues for thirty (30) days after written notice thereof from Landlord where to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such breach could reasonably failure and such failure cannot be cured within such thirty (30) day period; providedperiod despite reasonable diligence, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period under this subparagraph so long as Tenant thereafter diligently and diligently thereafter continuously prosecutes the same cure to completion; (ivk) If Chronic delinquency by Tenant assigns its assets for in the benefit payment of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafterRent, or prior any other periodic payments required to sale pursuant be paid by Tenant under this Lease. “Chronic delinquency” shall mean failure by Tenant to such sequestrationpay Rent, attachment or levyany other periodic payments required to be paid by Tenant under this Lease, whichever is earlier; when due (vii) If Tenant for any three (3) months (consecutive or nonconsecutive) during any period of twelve (12) months or (ii) for any twelve (12) months (consecutive or nonconsecutive) during the Term. In the event of a Chronic Delinquency, in addition to Landlord’s other remedies for Default provided in this Lease, at Landlord’s option, Landlord shall have abandoned the Premises and failed right to pay require that Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging be paid by Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.quarterly, in advance;

Appears in 1 contract

Sources: Lease Agreement (Threshold Pharmaceuticals Inc)

Tenant’s Default. A default under This Lease and the term of this Lease by are subject to the limitation that Tenant shall ---------------- exist if be in default if, at any time during the Lease Term, any one or more of the following occursevents (herein called an “Event of Default” a “default of Tenant” or similar reference) shall occur and not be cured prior to the expiration of the grace period (if any) herein provided, as follows: (ia) If Tenant fails shall fail to pay any installment of the Annual Fixed Rent, or any Additional Rent or any other sum required to be paid hereunder when monetary amount due under this Lease on or before the date on which the same becomes due and payable, and such failure continues for ten (10) days after notice from Landlord thereof; or (b) Landlord having rightfully given the notice specified in (a) above to Tenant fails twice in any twelve (12) month period, Tenant shall fail thereafter to cure pay the Annual Fixed Rent, Additional Rent or any other monetary amount due under this Lease on or before the date on which the same becomes due and payable; or (c) Tenant shall fail to perform or observe some term or condition of this Lease which, because of its character, would immediately jeopardize Landlord’s interest (such breach as, but without limitation, failure to maintain general liability insurance, or the employment of labor and contractors within the Premises which interfere with Landlord’s work, in violation of Section 4.3 or Section 9.3), and such failure continues for five (5) days after written notice from Landlord that such Rent or other sum is past dueto Tenant thereof; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (iid) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails shall fail to perform or observe any other requirement, term, covenant or condition of this Lease except as provided (not hereinabove in Paragraphs 26.A.(ithis Section 15.1 specifically referred to) on the part of Tenant to be performed or observed and such failure shall continue for thirty (ii30) abovedays after notice thereof from Landlord to Tenant, and or if said default shall reasonably require longer than thirty (30) days to cure, if Tenant fails shall fail to commence to cure such breach said default within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within thereof and/or fail to continuously prosecute the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes curing of the same to completion;completion with due diligence; or (ive) If The estate hereby created shall be taken on execution or by other process of law; or (f) Tenant assigns its assets shall make an assignment or trust mortgage arrangement, so-called, for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viig) If Tenant shall judicially be declared bankrupt or insolvent according to law; or (h) a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of all or any substantial part of Tenant’s property by a court makes of competent jurisdiction; or (i) any petition shall be filed against Tenant in any court, whether or enters not pursuant to any decree or order other than under the bankruptcy laws statute of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; any State, in any bankruptcy, reorganization, composition, extension, arrangement or directing the winding up or liquidation of Tenant insolvency proceeding, and such decree proceedings shall not be fully and finally dismissed within sixty (60) days after the institution of the same; or (j) Tenant shall file any petition in any court, whether or order shall have continued for a period not pursuant to any statute of thirty the United States or any State, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceeding; or (30k) daysTenant otherwise abandons or vacates the Premises.

Appears in 1 contract

Sources: Lease Agreement (Federal Home Loan Bank of Boston)

Tenant’s Default. A The occurrence of any one or more of the following events if uncured before the expiration of the cure periods set forth below, if any, will be a material default under and breach of this Lease by Tenant shall ---------------- exist if (“Default”). Any notice required by the terms of this Lease in connection with any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall default will be in lieu of, and not in addition to, any notice required under Section 1161 Sections 1161, et seq., of the California Code of Civil Procedure regarding unlawful detainer actions;Procedure: (a) Tenant (i) fails to pay any payment of Base Rent and/or regularly scheduled payment of Operating Expenses after the same is due and payable, and such failure continues for a period of 10 days after written notice thereof from Landlord to Tenant, or (ii) If Tenant fails to execute and deliver to Landlord, within ten pay any payment of other Rent (10other than late charges or interest) when due where such failure continues for a period of 30 days after Landlord's written request therefornotice thereof from Landlord to Tenant. Without limiting the foregoing, Tenant will only be given two such notices and/or cure periods with respect to failure to pay Base Rent and/or regularly scheduled payments of Operating Expenses during any calendar year; after the third such notice given to Tenant by Landlord during any calendar year, any subordination documentation required under Paragraph 27, subsequent failure by Tenant to pay Base Rent and/or regularly scheduled payments of Operating Expenses when due will constitute a Default without Landlord providing further notice or any estoppel certificate required under Paragraph 31;opportunity to cure. (iiib) If Tenant fails to perform or observe any other term, covenant condition, covenant, or condition of obligation required to be performed or observed by it under this Lease except as for a period of 30 days (or such shorter time provided in Paragraphs 26.A.(iherein) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice thereof from Landlord where such breach could reasonably be cured within such thirty (30) day periodLandlord; provided, however, that where if the term, condition, covenant, or obligation to be performed by Tenant is of such failure could nature that the same cannot reasonably be cured within the thirty (30) day period, that 30 days and if Tenant shall not be in default if it commences such performance within the thirty (said 30) -day period and thereafter diligently thereafter prosecutes undertakes to complete the same to completion;same, then such failure will not be a Default hereunder if it is cured within 60 days following Landlord’s notice. (ivc) If A trustee, disbursing agent, or receiver is appointed to take possession of all or substantially all of Tenant’s assets in, on or about the Premises or of Tenant’s interest in this Lease (and Tenant assigns its assets or any guarantor of Tenant’s obligations under this Lease does not regain possession within 60 days after such appointment); or Tenant makes an assignment for the benefit of its creditors;; or all or substantially all of Tenant’s assets in, on or about the Premises or Tenant’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within 60 days thereafter). (vd) If the sequestration A petition in bankruptcy, insolvency, or attachment of for reorganization or execution on arrangement is filed by or against Tenant or any material part guarantor of Tenant's Personal Property essential ’s obligations under this Lease pursuant to any federal or state statute, and, with respect to any such petition filed against it, Tenant or such guarantor fails to secure a stay or discharge thereof within 90 days after the conduct filing of the same. In the event that any provision of this Section 20.1(d) is contrary to any applicable Laws, such provision will be of no force or effect. (e) Any assignment, subletting, or other transfer for which the prior written consent of the Landlord is required under this Lease and has not been obtained. (f) Discovery of any materially false or misleading statement concerning financial information submitted by Tenant or any guarantor of Tenant's business occurs, and Tenant fails ’s obligations under this Lease to obtain a return Landlord in connection with obtaining this Lease or release of such Personal Property within thirty (30) days thereafter, any other consent or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier;agreement by Landlord. (vig) If Tenant shall have abandoned the Premises and failed Tenant’s admission in writing of its inability to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving its debts as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysthey mature.

Appears in 1 contract

Sources: Lease Agreement (Singulex Inc)

Tenant’s Default. A default under This Lease and the term of this Lease by are subject to the limitation that Tenant shall ---------------- exist if be in default if, at any time during the Lease Term, any one or more of the following occursevents (herein called an “Event of Default” a “default of Tenant” or similar reference) shall occur and not be cured prior to the expiration of the grace period (if any) herein provided, as follows: (ia) If Tenant fails shall fail to pay any installment of the Annual Fixed Rent, or any Additional Rent or any other sum required to be paid hereunder when monetary amount due under this Lease on or before the date on which the same becomes due and Tenant fails to cure payable, and such breach within failure continues for five (5) days after written notice from Landlord that such thereof; or (b) Landlord having rightfully given the notice specified in (a) above to Tenant twice in any twelve (12) month period, Tenant shall fail thereafter to pay the Annual Fixed Rent, Additional Rent or any other sum is past duemonetary amount due under this Lease on or before the date on which the same becomes due and payable; providedor (c) Tenant shall assign its interest in this Lease or sublet any portion of the Premises in violation of the requirements of Article XII of this Lease; or (d) Tenant shall fail to perform or observe some term or condition of this Lease which, howeverbecause of its character, that would immediately jeopardize Landlord’s interest (such notice shall be as, but without limitation, failure to maintain general liability insurance, or the employment of labor and contractors within the Premises which interfere with Landlord’s work, in lieu ofviolation of Sections 9.3, 11.2 or 11.10 or Exhibit B or a failure to observe the requirements of Section 11.2), and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; such failure continues for three (ii) If Tenant fails to execute and deliver to Landlord, within ten (103) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;notice from Landlord to Tenant thereof; or (iiie) If Tenant fails shall fail to perform or observe any other requirement, term, covenant or condition of this Lease except as provided (not hereinabove in Paragraphs 26.A.(ithis Section 15.1 specifically referred to) on the part of Tenant to be performed or observed and such failure shall continue for thirty (ii30) abovedays after notice thereof from Landlord to Tenant, and or if said default shall reasonably require longer than thirty (30) days to cure, if Tenant fails shall fail to commence to cure such breach said default within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within thereof and/or fail to continuously prosecute the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes curing of the same to completion;completion with due diligence; or (ivf) If The estate hereby created shall be taken on execution or by other process of law; or (g) Tenant assigns its assets shall make an assignment or trust mortgage arrangement, so-called, for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viih) If Tenant shall judicially be declared bankrupt or insolvent according to law; or (i) a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of all or any substantial part of Tenant’s property by a court makes of competent jurisdiction; or (j) any petition shall be filed against Tenant in any court, whether or enters not pursuant to any decree or order other than under the bankruptcy laws statute of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; any State, in any bankruptcy, reorganization, composition, extension, arrangement or directing the winding up or liquidation of Tenant insolvency proceeding, and such decree proceedings shall not be fully and finally dismissed within sixty (60) days after the institution of the same; or (k) Tenant shall file any petition in any court, whether or order shall have continued for a period not pursuant to any statute of thirty the United States or any State, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceeding; or (30l) daysTenant otherwise abandons or vacates the Premises.

Appears in 1 contract

Sources: Lease Agreement (Advent Technologies Holdings, Inc.)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required hereunder on the date said payment is due. Tenant agrees to be paid hereunder when due notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant fails may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to cure such breach within five (5) days after written notice from Landlord that such Rent observe, perform or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, comply with any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlordconditions, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, covenants or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition provisions of this Lease (except as provided in Paragraphs 26.A.(ifailure to make any payment of Rent and/or Additional Rent) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be failure is not cured within such thirty (30) day period; provided, however, that where the time period required under the provisions of this Lease. If such failure could is susceptible of cure but cannot reasonably be cured within the thirty aforementioned time period (30) day periodif any), that as dctcrmincd solely by Landlord, Tenant shall not be in default if it commences promptly commence the cure of such performance failure and thereafter diligently prosecute such cure to completion within the thirty time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than fifteen (3015) day period and diligently thereafter prosecutes the same days to completioncomplete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord's sole discretion); (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law rclating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenanes assets or this leasehold, ▇▇▇▇▇▇'s insolvency or inability to pay Tenant's business occurs, and Tenant fails to obtain a return debts or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed failure generally to pay Rent Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenanes assets, Tenant taking any ▇▇▇▇▇▇ toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Pren-dses, or the attachment@ execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenants use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or 20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.

Appears in 1 contract

Sources: Lease Agreement (Competitive Companies Inc)

Tenant’s Default. A At the option of Landlord, a default under this ---------------- Lease by Tenant shall ---------------- exist if any of the following occursevents shall occur: (i) If Tenant fails shall have failed to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within after five (5) days after days' written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails shall have failed to perform any other term, covenant or condition of this Lease Lease, except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails shall have failed to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences has commenced such performance cure within the thirty (30) day period and diligently thereafter prosecutes the same to completion;; or (iviii) If Tenant assigns shall have assigned its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursshall have occurred, and Tenant fails shall have failed to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier;; or (viv) If Tenant shall have abandoned or vacated the Premises and failed to pay Rent when duePremises; or (viivi) If a court makes shall have made or enters entered any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days; or (vii) If Tenant shall have failed to comply with the provisions of Paragraphs 28 or 31 of this Lease.

Appears in 1 contract

Sources: Lease (Terayon Communication Systems)

Tenant’s Default. A default (a) Events of Default. The following shall be "Events of Default" under this Lease by Tenant shall ---------------- exist if any of the following occursLease: (i) If Tenant fails shall fail to pay any monthly installment of Rent or any other sum required to be paid hereunder when due due, and Tenant fails to cure such breach within default shall continue for five (5) days after written notice from Landlord Landlord; provided that such Rent or other sum is past due; provided, however, that no such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actionsif Tenant has received two (2) similar notices within three hundred sixty-five (365) days prior to such violation or failure; (ii) If Tenant fails shall fail to execute timely make any other payment required under this Lease and deliver to Landlord, within ten such default shall continue for five (105) days after written notice from Landlord's written request therefor, any subordination documentation ; provided that no such notice shall be required under Paragraph 27, if Tenant has received two (2) similar notices within three hundred sixty-five (365) days prior to such violation or any estoppel certificate required under Paragraph 31failure; (iii) If Tenant fails shall violate or fail to perform any of the other termterms, covenant conditions, covenants or condition of this Lease except as provided agreements herein made by Tenant in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursrespect, and Tenant fails to obtain a return if such violation or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued failure continues for a period of thirty (30) daysdays after Landlord's written notice thereof to Tenant; provided that no such notice shall be required if Tenant has received two (2) similar notices within three hundred sixty-five (365) days prior to such violation or failure; (iv) Tenant's becoming insolvent, as that term is defined in Title 11 of the United States Code, entitled Bankruptcy, 11 U.S.C. Section 101 et. seq. (the "Bankruptcy Code"), or under the insolvency laws of any State, District, Commonwealth or Territory of the United States (the "Insolvency Laws"); (v) the appointment of a receiver or custodian for all or a substantial portion of Tenant's property or assets, or the institution of a foreclosure action upon all or a substantial portion of Tenant's personal property; (vi) the filing of a voluntary petition under the provisions of the Bankruptcy Code or Insolvency Laws; (vii) the filing of an involuntary petition against Tenant as the subject debtor under the Bankruptcy Code or Insolvency Laws, which is either not dismissed within ninety (90) days of filing, or results in the issuance of an order for relief against the debtor, whichever is earlier; (viii) Tenant's making or consenting to an assignment for the benefit of creditors or a common law composition of creditors; or (ix) Tenant's interest in this Lease being taken on execution in any action against the Tenant.

Appears in 1 contract

Sources: Lease Agreement (Dynasil Corp of America)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: 21.1 The abandonment (ias statutorily defined) If of the Premises by Tenant. Tenant fails agrees to pay notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 21.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five (5) business days after Landlord's delivery of written notice from Landlord to Tenant that such Rent or other sum said payment is past due; provided. Tenant agrees that any such written notice delivered by Landlord, howeverto the fullest extent permitted by law, that such shall serve as the statutorily required notice shall be under applicable law. In addition to the foregoing, Tenant agrees to notice and service of notice as provided for in lieu ofthis Lease; 21.3 The failure by Tenant to observe, and not in addition to, perform or comply with any notice required under Section 1161 of the California Code conditions, covenants or provisions of Civil Procedure regarding unlawful detainer actions; this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to Hazardous Materials (defined in Section 30 hereof) or Utility Charges, (ii) If fifteen (15) days of the date on which Landlord delivered written notice of such failure to Tenant fails for all failures in any way related to execute Hazardous Materials, and deliver to Landlord, within (iii) ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivered written notice from Landlord where of such breach could failure to Tenant for all failures in any way related to Utility Charges. However, Tenant shall not be in default of its obligations hereunder if such failure cannot reasonably be cured within such thirty (30) day period; provided), howeverfifteen (15), that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is commercially reasonable, but in no event shall the completion of such cure be later than ninety (90) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; (iv) If 21.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 21.5 The making of any material misrepresentation or material omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.

Appears in 1 contract

Sources: Lease Agreement (Webvan Group Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any of the following occursshall constitute a default by Tenant under this Lease: (ia) If Tenant fails Tenant's failure to pay when due any Rent or any other sum required to be paid hereunder when due and Tenant fails under this Lease if the failure continues for three (3) days after written notice of the failure from Landlord to cure such breach within Tenant; (b) Tenant's failure to provide any instrument or assurance as required by section 21.2 or estoppel certificate as required by section 20.1 if the failure continues for five (5) days after written notice of the failure from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actionsto Tenant; (iic) If Tenant fails to execute and deliver to Landlord, within ten (10) days after LandlordTenant's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails failure to perform any other term, covenant or condition of obligation under this Lease except as provided in Paragraphs 26.A.(i) if the failure continues for thirty days after written notice of the failure from Landlord to Tenant; or (ii) above, and Tenant fails such longer reasonable period necessary to cure such breach default if Tenant promptly commences and diligently pursues cure after notice from Landlord not to exceed an additional sixty days if the default materially interferes with Landlord's ability to use, finance or transfer the Real Property. (d) Tenant's abandonment of the Premises, including Tenant's absence from the Premises for seven consecutive days (excluding Saturdays, Sundays, and California legal holidays) while in default of any material provision of this Lease, including the obligation to pay Rent; (e) To the extent permitted by law: (1) A general assignment by Tenant or any guarantor of the Lease for the benefit of creditors; (2) The filing by or against Tenant, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in the case of an involuntary proceeding) the proceeding is dismissed within sixty (60) days; (3) The appointment of a trustee or receiver to take possession of all or substantially all the assets of Tenant or any guarantor, unless possession is unconditionally restored to Tenant or that guarantor within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within and the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completiontrusteeship or receivership is dissolved; (iv4) If Any execution or other judicially authorized seizure of all or substantially all the assets of Tenant assigns its assets for located on the benefit of its creditors; (v) If the sequestration Premises, or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursinterest in this Lease, and Tenant fails to obtain a return or release of such Personal Property unless that seizure is discharged within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlierdays; (vif) If Tenant shall have abandoned The committing of waste on the Premises and failed to pay Rent when duePremises; or (viig) If a court makes or enters any decree or order other than under Tenant's failure to occupy the bankruptcy laws of Premises within ten (10) business days after the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued Premises are ready for a period of thirty (30) daysoccupancy.

Appears in 1 contract

Sources: Office Lease (Quokka Sports Inc)

Tenant’s Default. A default The following shall constitute an "Event of Default" under this Lease by Lease: 1. failure of Tenant shall ---------------- exist if to pay in full, within fifteen (15) days after receipt of written notice from the Landlord that the same is due and owing, any and all installments of Minimum Rent provided that written notice of the following occurs: (i) If Tenant fails to pay Rent or any other sum same shall not be required to be paid hereunder when due and Tenant fails to cure such breach within five given more than twice in any calendar twelve (512) days after written notice from Landlord that such month period. Additional Rent and/or other charge or other sum is past due; providedpayment herein reserved, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27included, or agreed to be treated or collected as rent and/or any estoppel certificate required under Paragraph 31;other charge, expense, or cost herein agreed to be paid by the Tenant; or (iii) If 2. if Tenant violates or fails to perform or otherwise breaks any other term, non-monetary covenant or condition agreement of this Lease except as provided in Paragraphs 26.A.(i) Agreement or (ii) abovethe agreements incorporated herein by reference, and Tenant fails to cure such breach failure or violation is not cured within thirty (30) days (or such other period if specifically provided in this Lease) after written notice from Landlord where to Tenant of such breach could reasonably failure or violation, or in the case of a failure or violation which cannot be cured within such thirty (30) day [Illegible] notice period; provided, however, that where the Tenant has not commenced to cure such failure could not reasonably be cured or violation within the thirty (30) day periodnotice period or has not diligently pursued the completion of such cure; or 3. if Tenant vacates the Leased Premises without first having paid and satisfied the Landlord in full for all Minimum Rent, Additional Rent and all other charges then due that may thereafter become due until the expiration of the then current term, above mentioned; or 4. if Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets becomes insolvent, makes an assignment for the benefit of its creditors;, files or has filed against it a petition in bankruptcy and such petition remains undismissed sixty (60) days after said petition is filed, or a b▇▇▇ in equity or other proceeding for the appointment of a receiver for the Tenant is filed, if proceedings or reorganization or for composition with creditors under any State or Federal law be instituted by or against Tenant; or 5. if Tenant shall default in the timely payment of Minimum Rent, Additional Rent or other charges payable by Tenant hereunder or to timely discharge any other monetary obligation more than two (v2) If times in any twelve (12) month period notwithstanding the sequestration fact that any such default has been previously cured; or 6. if Tenant or attachment any agent of Tenant falsifies any report or execution on statement (including financial statements) to be furnished to Landlord pursuant to the terms of this Lease. The falsification of any such document shall be deemed an incurable material part breach of this Lease and, at Landlord's option, constitute an immediate termination of Tenant's Personal Property essential right to possession of the conduct of Tenant's business occurs, and Leased Premises; or 7. if Tenant fails to obtain a return or release of such Personal Property open for business within thirty sixty (3060) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned after the Premises and failed to pay Rent when dueCommencement Date; or 8. if Tenant fails to execute and return required estoppel certificates within the ten (vii10) If a court makes or enters any decree or order other than under the bankruptcy laws days of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization Landlord's request and subordination agreements within fifteen (15) days of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysLandlord's request.

Appears in 1 contract

Sources: Commercial Lease Agreement (Helius Medical Technologies, Inc.)

Tenant’s Default. A default under (A) If at any time subsequent to the date of this Lease by Tenant shall ---------------- exist if any one or more of the following occursevents (herein sometimes called an "Event of Default") shall occur: (i) If Tenant fails shall fail to pay Rent the fixed rent or additional rent for which provision is made herein for the payment by Tenant in regular installments (including, without limitation, on account of Operating Expenses and Real Estate Taxes) on or before the date on which the same become due and payable, or Tenant shall fail to pay any other sum required charges not contemplated above within thirty (30) days after invoice and, with respect to be paid hereunder when due and Tenant fails to cure any such breach within five failure specified in this subsection (5i), the same continues for seven (7) days after written notice from Landlord that such Rent or other sum is past due; providedthereof, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Landlord having rightfully given the notice specified in subdivision (i) above twice in an calendar year, Tenant fails shall thereafter in the same calendar year fail to execute pay (X) the fixed rent or additional rent for which provision is made herein for the payment by Tenant in regular installments (including, without limitation, on account of Operating Expenses and deliver to Landlord, within ten (10Real Estate Taxes) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27on or before the date on which the same become due and payable, or any estoppel certificate required under Paragraph 31; (iiiY) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach charges within thirty (30) days after written invoice, in both instances without the need for a separate notice from Landlord where of default or, (iii) Tenant shall neglect or fail to perform or observe any other covenant herein contained on Tenant's part to be performed or observed and Tenant shall fail to remedy the same within thirty (30) days after notice to Tenant specifying in reasonable detail such breach could neglect or failure, or if such failure is of such a nature that Tenant cannot reasonably be cured remedy the same within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes fail to commence promptly to remedy the same and to completion;prosecute such remedy to completion with diligence and continuity; or (iv) If Tenant's leasehold interest in the Premises shall be taken on execution or by other process of law directed against Tenant; or (v) Tenant assigns its assets shall make an assignment for the benefit of its creditors; (v) If creditors or shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future Federal, State or other statute, law or regulation for the sequestration relief of debtors, or attachment shall seek or consent to or acquiesce in the appointment of any trustee, receiver or execution on liquidator of Tenant or of all or any material substantial part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafterits properties, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed admit in writing its inability to pay Rent when its debts generally as they become due; or (viivi) If a court makes A petition shall be filed against Tenant in bankruptcy or enters under any decree other law seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or order similar relief under any present or future Federal, State or other than under the bankruptcy laws statute, law or regulation and shall remain undismissed or unstayed for an aggregate of ninety (90) days (whether or not consecutive), or if any debtor in possession (whether or not Tenant) trustee, receiver or liquidator of Tenant or of all or any substantial part of its properties or of the United States adjudging Tenant to Premises shall be insolvent; appointed without the consent or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation acquiescence of Tenant and such decree appointment shall remain unvacated or order unstayed for an aggregate of ninety (90) days (whether or not consecutive), then, and in any of said cases (notwithstanding any license of a former breach of covenant or waiver of the benefit hereof or consent in a former instance), Landlord lawfully may, immediately or at any time thereafter, and without demand or further notice terminate this Lease by notice to Tenant, specifying a date not less than ten (10) day s after the giving of such notice on which this Lease shall have continued terminate. and this Lease shall come to an end on the date specified therein as fully and completely as if such date were the date herein originally fixed for a period the expiration of thirty the Lease Term (30Tenant hereby waiving an) daysrights of redemption). and Tenant will then quit and surrender the Premises to Landlord, but Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Sources: Sublease (Datawatch Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any of the following occurs: shall constitute a default by Tenant under this Lease: (ia) If Tenant fails Tenant's failure to pay Rent or when due any other sum monetary obligation required to be paid hereunder when due under this Lease (including, without limitation, Base Rent or Additional Rent) if the failure continues for three (3) business days after written notice of the failure from Landlord to Tenant; (b) Tenant's failure to provide any instrument or assurance as required by this Lease (including, without limitation, estoppel certificates, financial statements, and Tenant fails subordination agreements) if the failure continues for ten (10) business days after written notice of the failure from Landlord to cure such breach within five Tenant; (5c) Tenant's failure to perform any other obligation under this Lease if the failure continues for fifteen (15) days after written notice of the failure from Landlord that such Rent or other sum is past due; to Tenant (provided, however, that in the event such notice failure cannot be cured within such 15-day period, despite Tenant's best efforts, then such 15-day period, despite Tenant's best efforts, then such 15-day period shall be extended to the extent necessary to allow such cure to be completed, but in lieu of, and not in addition to, no event longer than 60 days); (d) to the extent permitted by law: (1) a general assignment by Tenant or any notice required under Section 1161 guarantor of the California Code Lease for the benefit of Civil Procedure regarding unlawful detainer actions; creditors; (ii2) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27the filing by or against Tenant, or any estoppel certificate required guarantor, of any proceeding under Paragraph 31; an insolvency or bankruptcy law, unless (iiiin the case of an involuntary proceeding) If the proceeding is dismissed within sixty (60) days; (3) the appointment of a trustee or receiver to take possession of all or substantially all the assets of Tenant fails or any guarantor, unless possession is unconditionally restored to perform any other term, covenant Tenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach that guarantor within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty and the trusteeship or receivership is dissolved; (304) day period; providedany execution or other judicially authorized seizure of all or substantially all the assets of Tenant located on the Premises, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursinterest in this Lease, and Tenant fails to obtain a return or release of such Personal Property unless that seizure is discharged within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; days; (vie) If Tenant shall have abandoned the committing of waste on the Premises and failed that are not subject to pay Rent when due; or cure in accordance with Clause (viic) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolventthis paragraph; or approving as properly filed a petition seeking reorganization of (f) Tenant; or directing 's failure to occupy the winding up or liquidation of Tenant and such decree or order shall have continued for a period of Premises within thirty (30) daysbusiness days after the Premises are ready for occupancy.

Appears in 1 contract

Sources: Office Lease (Collateral Therapeutics Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 24.1.1 If Tenant fails to pay Rent Base Rent, additional rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past payment was due; , but was not paid as of the due date (provided, however, that if Landlord has delivered two (2) such notice shall be notices due under this Lease to Tenant in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; twelve (ii12) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27month period, or five (5) such notices over the Term of this Lease, whichever first occurs, then any estoppel certificate subsequent failure to pay Base Rent, additional rent or any other sum required under Paragraph 31;to be paid to Landlord hereunder on or before the due date for such payment shall constitute a default by Tenant without requirement of such five (5) day notice and opportunity to cure); or (iii) 24.1.2 If Tenant fails to perform any other term, covenant or condition of this Lease except those requiring the payment of money to Landlord as provided set forth in Paragraphs 26.A.(i) or (ii) Section 24.1.1 above, and Tenant fails to cure such breach within thirty fifteen (3015) days after written notice from Landlord where such breach could reasonably be cured within such thirty fifteen (3015) day period; provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be considered in default if it commences such performance within the thirty fifteen (3015) day period and diligently thereafter prosecutes the same to completion;, such grace period not to exceed a maximum of sixty (60) days in the aggregate. If any provisions of this Lease calls for a shorter or different grace period than that set forth above, then such other provision shall control over this provision. The foregoing notice and cure period notwithstanding, Landlord may exercise its self-help rights hereunder (i.e., Landlord’s right to perform any obligation of Tenant which Tenant has failed to perform hereunder) without any prior notice or upon such shorter notice as may be reasonable under the circumstances in the event of any one or more of the following circumstances is present: (i) there exists a reasonable risk of prosecution of Landlord unless such obligation is performed sooner than the stated cure period, (ii) there exists an imminent possibility of danger to the health or safety of the Landlord, the Tenant, Tenant’s invitees, or any other occupants of, or visitors to, the Building, unless such obligation is performed sooner than the stated cure period, and/or (iii) the Tenant has failed to obtain insurance required by this Lease, or such insurance has been canceled by the insurer without being timely replaced by Tenant, as required herein. (iv) 24.1.3 If Tenant assigns its assets or any guarantor of this Lease shall (i) make an assignment for the benefit of its creditors; , (ii) acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (iii) seek, consent to or acquiesce in the appointment of any trustee, receivor liquidator of Tenant or of any guarantor of this Lease and of all or any part of Tenant’s or such guarantor’s property, (iv) file a petition seeking an order for relief under the Bankruptcy Code, as now or hereafter amended or supplemented, or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (v) If fail to win the sequestration dismissal, discontinuation or attachment vacating of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property involuntary bankruptcy proceeding within thirty sixty (3060) days thereafter, or prior to sale pursuant to after such sequestration, attachment or levy, whichever proceeding is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysinitiated.

Appears in 1 contract

Sources: Lease Agreement (Wave2Wave Communications, Inc.)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 24.1.1 If Tenant fails to pay Rent Rent, additional rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five ten (510) business days after written notice from Landlord that such Rent or other sum is past payment was due; , but was not paid as of the due date (provided, however, that if Landlord has delivered two (2) such notice notices to Tenant in any twelve (12) month period, or four (4) such notices over the Term of this Lease, whichever first occurs, then any subsequent failure to pay Base Rent, additional rent or any other sum required to be paid to Landlord hereunder on or before the due date for such payment shall be in lieu of, and not in addition to, any notice required under Section 1161 constitute a default by Tenant without requirement of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within such ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;business day notice and opportunity to cure); or (iii) 24.1.2 If Tenant fails to perform any other term, covenant or condition of this Lease except those requiring the payment of money to Landlord as provided set forth in Paragraphs 26.A.(i) or (ii) Section 24.1.1 above, and Tenant fails to cure such breach within thirty fifteen (3015) days after written notice from Landlord where such breach could reasonably be cured within such thirty fifteen (3015) day period; provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be considered in default if it commences such performance within the thirty fifteen (3015) day period and diligently thereafter prosecutes the same to completion;, such grace period not to exceed a maximum of sixty (60) days in the aggregate. If any provisions of this Lease calls for a shorter or different grace period than that set forth above, then such other provision shall control over this provision. The foregoing notice and cure period notwithstanding, Landlord may exercise its self-help rights hereunder (i.e., Landlord's right to perform any obligation of Tenant which Tenant has failed to perform hereunder) without any prior notice or upon such shorter notice as may be reasonable under the circumstances in the event of any one or more of the following circumstances is present: (i) there exists a reasonable risk of prosecution of the Landlord unless such obligation is performed sooner than the stated cure period, (ii) there exists an imminent possibility of danger to the health or safety of the Landlord, the Tenant, Tenant's invitees, or any other occupants of, or visitors to, the Building, unless such obligation is performed sooner than the stated cure period, and/or (iii) the Tenant has failed to obtain insurance required by this Lease, or such insurance has been canceled by the insurer without being timely replaced by Tenant, as required herein. (iv) 24.1.3 If Tenant assigns its assets or any guarantor of this Lease shall (i) make an assignment for the benefit of its creditors; , (vii) If acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (iii) seek, consent to or acquiesce in the sequestration appointment of any trustee, receiver or attachment liquidator of Tenant or execution on of any material guarantor of this Lease and of all or any part of Tenant's Personal Property essential to the conduct of Tenantor such guarantor's business occursproperty, and Tenant fails to obtain a return or release of such Personal Property within thirty (30iv) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed file a petition seeking reorganization an order for relief under the Bankruptcy Code, as now or hereafter amended or supplemented, or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (v) fail to win the dismissal, discontinuation or vacating of Tenant; or directing the winding up or liquidation of Tenant and any involuntary bankruptcy proceeding within sixty (60) days after such decree or order shall have continued for a period of thirty (30) daysproceeding is initiated.

Appears in 1 contract

Sources: Lease Agreement (Marcam Solutions Inc)

Tenant’s Default. A The occurrence of any one or more of the following events shall constitute a default under and breach of this Lease by Tenant shall ---------------- exist if any Tenant: Any one of the following occursevents shall constitute a default “Default”: (i) If 26.1.1 Tenant fails shall fail to pay any monthly installment of Rent or any other sum required to be paid hereunder when due as herein provided, and Tenant fails to cure such breach within default shall continue for a period of five (5) days after written the due date (provided, that following the second such failure to pay on the date due within any twelve (12) month period any subsequent payment within such twelve (12) month period shall be deemed an Event of Default if not paid on the date due; 26.1.2 The abandonment or vacation of the Premises by Tenant for fourteen (14) consecutive days (with or without payment of rent). 26.1.3 Tenant shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Tenant and such default shall continue for fifteen (15) days after notice from Landlord that such Rent or other sum is past dueLandlord; provided, however, that if the nature of such notice default is such that Tenant can cure the default, but not within fifteen (15) days, then the Event of Default shall be in lieu of, and suspended for a period not in addition to, any notice required under Section 1161 excess of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) additional days, so long as Tenant commences cure within fifteen (15) days after and thereafter diligently and continuously prosecutes the curing of the default, and so long as continuation of the default does not create material risk to the Project or to persons using the Project; 26.1.4 Tenant shall, upon provision of written notice from Landlord where confirmation of amounts paid or payable by Landlord, reimburse Landlord, in addition to any other obligation hereunder, for the actual cost of sending each Notice of Default hereunder, and no default shall be deemed cleared or satisfied until reimbursement of such breach could reasonably be cured within such thirty (30) day periodcost is made; provided, however, that where such failure could not reasonably the maximum amount payable by Tenant for each Notice sent shall be cured within the thirty One Hundred and Fifty Dollars (30) day period, that $150.00). 26.1.5 Tenant shall not be in default if file or have filed against it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets or any guarantor of this Lease any bankruptcy or other creditor’s action, or make an assignment for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Office Lease Agreement

Tenant’s Default. A default under This Lease and the term of this Lease by are subject to the limitation that Tenant shall ---------------- exist if be in default if, at any time during the Lease Term, any one or more of the following occursevents (herein called an “Event of Default,” a “default of Tenant,” or similar reference) shall occur and not be cured prior to the expiration of the notice and cure period (if any) herein provided, as follows: (ia) If Tenant fails shall fail to pay any installment of the Annual Fixed Rent, or any Additional Rent or any other sum required to be paid hereunder when monetary amount due under this Lease on or before the date on which the same becomes due and Tenant fails to cure payable, and such breach within failure continues for five (5) days after written notice from Landlord that such thereof; or (b) Landlord having rightfully given the notice specified in (a) above to Tenant twice in any twelve (12) month period, Tenant shall fail thereafter to pay the Annual Fixed Rent, Additional Rent or any other sum is past duemonetary amount due under this Lease on or before the date on which the same becomes due and payable; providedor (c) Tenant shall assign its interest in this Lease or sublet any portion of the Premises in violation of the requirements of Article XII of this Lease; or (d) Tenant shall fail to perform or observe some term or condition of this Lease which, howeverbecause of its character, that would immediately jeopardize Landlord’s interest (such notice shall be as, but without limitation, failure to maintain general liability insurance, or the employment of labor and contractors within the Premises which interfere with Landlord’s work, in lieu ofviolation of Sections 9.3, 11.2 or 11.10 or Exhibit Bora failure to observe the requirements of Section 11.2), and not in addition to, any such failure continues for three (3) business days after written notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;from Landlord to Tenant thereof; or (iie) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails shall fail to perform or observe any other requirement, term, covenant or condition of this Lease except as provided (not hereinabove in Paragraphs 26.A.(ithis Section 15.1 specifically referred to) on the part of Tenant to be performed or observed and such failure shall continue for thirty (ii30) abovedays after notice thereof from Landlord to Tenant, and or if said default shall reasonably require longer than thirty (30) days to cure, if Tenant fails shall fail to commence to cure such breach said default within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within thereof and/or fail to continuously prosecute the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes curing of the same to completion;completion with due diligence; or (ivf) If The estate hereby created shall be taken on execution or by other process of law; or (g) Tenant assigns its assets shall make an assignment or trust mortgage arrangement, so-called, for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viih) If Tenant shall judicially be declared bankrupt or insolvent according to law; or (i) a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of all or any substantial part of Tenant’s property by a court makes of competent jurisdiction; or (j) any petition shall be filed against Tenant in any court, whether or enters not pursuant to any decree or order other than under the bankruptcy laws statute of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; any State, in any bankruptcy, reorganization, composition, extension, arrangement or directing the winding up or liquidation of Tenant insolvency proceeding, and such decree proceedings shall not be fully and finally dismissed within sixty (60) days after the institution of the same; or (k) Tenant shall file any petition in any court, whether or order shall have continued for a period not pursuant to any statute of thirty the United States or any State, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceeding; or (30l) daysTenant otherwise abandons or vacates the Premises.

Appears in 1 contract

Sources: Lease Agreement (Andretti Acquisition Corp.)

Tenant’s Default. A default under This Lease and the term of this Lease by are subject to the limitation that Tenant shall ---------------- exist if be in default if, at any time during the Lease Term, any one or more of the following occursevents (herein called an "Event of Default" a "default of Tenant" or similar reference) shall occur and not be cured prior to the expiration of the grace period (if any) herein provided, as follows: (ia) If Tenant fails shall fail to pay any installment of the Annual Fixed Rent, or any Additional Rent or any other sum required to be paid hereunder when monetary amount due under this Lease on or before the date on which the same becomes due and Tenant fails to cure payable, and such breach within five failure continues for seven (57) days after written notice from Landlord that such thereof; or (b) Landlord having rightfully given the notice specified in (a) above to Tenant three (3) times in any twelve (12) month period, Tenant shall fail thereafter to pay the Annual Fixed Rent, Additional Rent or any other sum is past duemonetary amount due under this Lease on or before the date on which the same becomes due and payable; providedor (c) Tenant shall fail to perform or observe some term or condition of this Lease which, howeverbecause of its character, that would immediately jeopardize Landlord's interest (such notice shall be as, but without limitation, failure to maintain general liability insurance, or the employment of labor and contractors within the Premises which interfere with Landlord's work, in lieu ofviolation of Section 4.3 or Section 9.3), and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; such failure continues for three (ii) If Tenant fails to execute and deliver to Landlord, within ten (103) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;notice from Landlord to Tenant thereof; or (iiid) If Tenant fails shall fail to perform or observe any other requirement, term, covenant or condition of this Lease except as provided (not hereinabove in Paragraphs 26.A.(ithis Section 15.1 specifically referred to) on the part of Tenant to be performed or observed and such failure shall continue for thirty (ii30) abovedays after notice thereof from Landlord to Tenant, and or if said default shall reasonably require longer than thirty (30) days to cure, if Tenant fails shall fail to commence to cure such breach said default within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within thereof and/or fail to continuously prosecute the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes curing of the same to completion;completion with due diligence; or (ive) If The estate hereby created shall be taken on execution or by other process of law; or (f) Tenant assigns its assets shall make an assignment or trust mortgage arrangement, so-called, for the benefit of its creditors;; or (vg) If the sequestration Tenant shall judicially be declared bankrupt or attachment insolvent according to law; or (h) a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of all or execution on any material substantial part of Tenant's Personal Property essential to the conduct property by a court of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when duecompetent jurisdiction; or (viii) If a court makes any petition shall be filed against. Tenant in any court, whether or enters not pursuant to any decree or order other than under the bankruptcy laws statute of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; any State, in any bankruptcy, reorganization, composition, extension, arrangement or directing the winding up or liquidation of Tenant insolvency proceeding, and such decree proceedings shall not be fully and finally dismissed within sixty (60) days after the institution of the same; or (j) Tenant shall file any petition in any court, whether or order shall have continued for a period not pursuant to any statute of thirty the United States or any State, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceeding; or (30k) daysTenant otherwise abandons the Premises.

Appears in 1 contract

Sources: Lease Agreement (Streamline Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any agrees to pay the Base Rent and the Additional Rent at the time, in the amount and in the manner herein described. Any one of the following occursevents shall be deemed a default by Tenant and a breach of this Sublease, namely: (ia) If Tenant fails to pay any installment of Base Rent or to pay any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Additional Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;of the due date; or (iiib) If Tenant fails to observe or perform any of the other termterms, covenant covenants or condition conditions of this Lease except as provided in Paragraphs 26.A.(i) or (ii) aboveSublease other than paying rents when due, and Tenant fails to cure such breach within failure continues after the expiration of thirty (30) days after from the date Landlord gives written notice from Landlord where to Tenant calling attention to the existence of such breach could reasonably be cured within such thirty (30) day period; providedfailure, provided however, that where such failure could if Tenant cannot reasonably be cured correct the default (other than non-payment) within the said thirty (30) day period, that Tenant shall not be in default if it commences such performance within given a reasonable period of time to correct the thirty (30) day period and diligently thereafter prosecutes the same to completion;default; or (ivc) If Tenant assigns its assets for is declared bankrupt or insolvent by judicial decree; or d) If Tenant takes the benefit of its creditors;any federal reorganization or composition proceedings; or (ve) If the sequestration or attachment Tenant makes a general assignment for benefit of or execution on any material part of creditors; or f) If Tenant's Personal Leasehold interest in this Sublease is sold under any process of law, or g) If a trustee in bankruptcy or a receiver is appointed or elected for the Tenant; or h) If Tenant abandons the Subleased Property essential and fails to pay any installment of Base Rent or to pay any Additional Rent; or i) If any materialman's, mechanic's or other lien is filed against the conduct of Subleased Property in connection with any improvements, alterations or additions made by Tenant's business occurs, and Tenant fails permits the lien or liens to obtain a return or release stand against the Subleased Property, not securing the discharge of the Subleased Property from such Personal Property liens by filing an appropriate bond within thirty (30) days thereafterfrom date of lien filing, or prior to sale pursuant to such sequestrationapplicable law. Should Tenant file a bond and elect to contest the lien or liens, attachment or levy, whichever is earlier; (vi) If Tenant no default shall have abandoned be in effect pending final legal determination of the Premises and failed to pay Rent when duedisputed lien; or (viij) If any act or omission of Tenant would cause a court makes or enters any decree or order other than default under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysPrime Lease.

Appears in 1 contract

Sources: Sublease Agreement (Carolina National Corp)

Tenant’s Default. A default under this Lease by If— a) Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails fail to pay the Base Rent or any additional rent or other sum required to be paid hereunder when charge for which provision is made herein on or before the date on which the same becomes due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu ofpayable, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within same continues for ten (10) days after Landlord's written request therefornotice from Landlord thereof, or b) Landlord having rightfully given the notice specified in subsection (a) above to Tenant twice in any subordination documentation six (6) month period, Tenant shall thereafter fail to pay the Base Rent or additional rent or other charges on or before the date on which the same becomes due and payable, or c) Tenant permits to be created or suffers to exist any material lien or other encumbrance upon any part of the Premises or the Building which may be attributable to any act, agreement, omission or failure of Tenant and Tenant shall not cure such failure within thirty (30) days (or such additional time as is reasonably required under Paragraph 27to correct any such default) after notice from Landlord to Tenant thereof, or any estoppel certificate required under Paragraph 31;or (iiid) If Tenant fails shall fail to perform or observe any other term, covenant term or condition of contained in this Lease except as provided in Paragraphs 26.A.(i) or (ii) aboveLease, and Tenant fails to shall not cure such breach failure within thirty (30) days after written notice from Landlord where to Tenant (or, if such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could default is not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit capable of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property cure within thirty (30) days thereafterdays, such additional time as is reasonably required to cure any such default); provided however, if (i) Landlord shall have sent to Tenant a notice of such default event though the same shall have been cured and this Lease is not terminated and (ii) during the same six (6) month period in which said notice of default has been sent by Landlord to Tenant, Tenant shall thereafter again default in the same non-monetary matter, then Tenant shall be deemed to be in default upon Landlord giving Tenant written notice thereof without the previously set forth grace period, or e) The estate hereby created shall be taken on execution or by other process of law, or if Tenant shall be judicially declared bankrupt or insolvent according to law, or if any assignment or trust mortgage arrangement, so-called, shall be made of the property of Tenant for the benefit of creditors, of if a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar officer shall be appointed to take charge of all or any substantial part of Tenant’s property by a court of competent jurisdiction, which proceeding shall not have been diligently contested by Tenant within 60 days after their commencement, or if a petition shall be filed for reorganization of Tenant under any provisions of the Bankruptcy Code now or hereafter enacted or if Tenant shall file a petition for such reorganization, or for arrangements under provisions of the Bankruptcy Code now or hereafter enacted and providing a plan for a debtor to settle, satisfy or extend the time for payment of debts, or if the interest of the Tenant herein shall be sold under execution or any other legal process, or Upon the occurrence of any one or more of such events of default, Landlord may at its election, terminate this Lease. Upon termination of this Lease, subject to applicable legal requirements, Landlord may re-enter the Premises with or without process of law and remove all persons, fixtures and chattels there from and Landlord will not be liable for any damages resulting there from. Upon termination of this Lease, Landlord will be entitled to recover as damages (1) all rent and other sums due and payable by Tenant on the date of the termination of this Lease, (2) an amount equal to the value of the rent and other sums provided herein to be paid by Tenant for the residue of the Original Term, if the termination of the Lease occurs prior to sale the expiration of the Original Term or the residue of the applicable Extension Term, if the termination of the Lease occurs in any Extension Term, less the fair rental value of the Premises for the residue of the Original Term or applicable Extension Term, as the case may be (taking into account the reasonable time and expenses necessary to obtain the replacement tenant or tenants, including reasonable expenses relating to the recovery of the Premises, brokerage commissions, reasonable attorneys’ fees and preparation of the Premises for such re-letting), and (3) the cost of curing any default in the performance of any other covenants to be performed by Tenant through the date of the termination of the Lease. In the event this Lease is terminated pursuant to such sequestrationSection 11.1 and Tenant vacates the Premises, attachment or levyLandlord shall, whichever is earlier; (vi) If Tenant shall have abandoned subject to the provisions of this Section 11.1, use reasonable efforts to relet the Premises and failed collect the sums due to Landlord as a result of such re-letting, subject to the reasonable requirements of Landlord to lease other available space in the Building prior to reletting the Premises, to lease space to high quality tenants and to lease the Building in a harmonious manner with an appropriate mix of uses, tenants, floor areas and terms of tenancies, and the like. Landlord agrees not to discriminate against the space which constitutes the Premises when offering to prospective tenants space for lease in the Building in which the Premises is located. For the purpose of such re-letting, Landlord may decorate or make reasonable repairs, changes or alteration in or to the Premises that may be reasonably necessary. If Landlord does not re-let the Premises, Tenant will pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws Landlord on demand damages equal to the amount of the United States adjudging Tenant rent and other reasonable sums provided herein to be insolvent; paid by Tenant for the remainder of the Term. If the Premises are re-let and a sufficient sum is not realized from such re-letting after paying all of the expenses of such re-letting and the collection of the rent accruing there from to satisfy the rent herein provided to be paid for the remainder of the Term, Tenant will be liable for the difference in rent. Nothing herein shall limit or approving as properly filed a petition seeking reorganization prejudice the right of Tenant; the Landlord to prove for and obtain in proceedings for bankruptcy or directing insolvency by reason of any such termination an amount equal to the winding up maximum allowed by any statute or liquidation rule of Tenant law in effect at the time when, and such decree governing the proceedings in which, the damages are to be proved, whether or order not the amount of the loss or damage referred to above. The remedies given to Landlord in this Article shall be cumulative and in addition to all other rights or remedies, which the Landlord may have continued for a period of thirty (30) daysunder applicable laws then in force.

Appears in 1 contract

Sources: Lease Agreement (Service Bancorp Inc)

Tenant’s Default. A At the option of Landlord, a default under this Lease by Tenant shall ---------------- exist if any of the following occurs: events shall occur: (i) If if Tenant fails shall have failed to pay Monthly Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's when due and within three (3) days of written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; notice from landlord; (iiiii) If if Tenant fails shall have failed to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) aboveother than those requiring the payment of money, and Tenant fails shall have failed to cure such breach failure within thirty fifteen (3015) days after written notice from Landlord where such breach failure could reasonably be cured within such thirty fifteen (3015) day period; provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be in default if it commences has commenced such performance cure within the thirty fifteen (3015) day period and diligently thereafter prosecutes the same to completion; completion which in all events must occur within sixty (iv60) If days thereafter; (iii) if Tenant assigns shall have assigned its assets for the benefit of its creditors; ; (viv) If if the sequestration sequestrian or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursshall have occurred, and Tenant fails shall have failed to obtain a return or release of such Tenant's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; ; (v) if Tenant shall have failed to continuously or uninterruptedly conduct its business in the Premises, or shall have abandoned or vacated the Premises; (vi) If Tenant if a court shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes made or enters entered any decree or order other than under the bankruptcy laws of the United States or any state adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days; (vii) the filing of a voluntary petition in bankruptcy by Tenant, a voluntary petition for arrangement, a voluntary or involuntary petition for reorganization, or the filing of an involuntary petition by Tenant's creditors, immediately (unless involuntary, in which case when the petition remains undischarged for a period of sixty (60) days); (viii) if Tenant shall have failed to timely comply with the provisions of Paragraphs 27 or 30 of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Kofax Image Products Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 23.1.1. If Tenant fails to pay Rent Rent, additional rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach due, which failure is not cured within five (5) days after receipt of written notice of such failure from Landlord that such Rent or other sum is past dueLandlord; provided, however, that if Landlord has provided Tenant with written notices of non-payment of any sums due under this Lease on three (3) prior occasions in any twelve (12) month period during the Term of this Lease, each such notice shall twelve month period to be in lieu of, and not in addition to, any notice required under Section 1161 viewed separately for purposes of the California Code of Civil Procedure regarding unlawful detainer actions;three prior notices requirement, then Tenant's failure to pay Rent, additional rent or other sums required to be paid hereunder when due shall constitute an immediate default, without notice, cure or grace period. (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) 23.1.2. If Tenant fails to perform any other term, covenant or condition of this the Lease except those requiring the payment of money to Landlord as provided set forth in Paragraphs 26.A.(i) or (ii) Section 23.1.1 above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the such thirty (30) day period, that Tenant shall not be in default if it Tenant commences such performance cure within the thirty ten (3010) day period days after Landlord first notifies Tenant of such default and diligently thereafter prosecutes the same to completion; , and in all events within ninety (90) days after Landlord's initial notice of default unless Tenant continues to diligently prosecute the cure of such breach which cure reasonably takes longer than ninety (90) days and if the cost of the cure exceeds $200,000, as reasonable estimated by Landlord, Tenant shall place funds in an amount equal to 110% of the estimated cost of such cure with Landlord as security for the performance of such cure (the "Cure Fund"); provided, however, upon full and complete cure of the breach to Landlord's reasonable satisfaction, Landlord shall release the Cure Fund to Tenant; provided further that no grace or cure period shall be permitted in the event of a breach of this Lease involving any one or more of the following: (i) there exists a risk or prosecution of the Landlord, (ii) there exist a reasonable possibility of danger to the health or safety of the Landlord, the Tenant, Tenant's invitees, or any other occupants of, or visitors to, the Building, (iii) the default relates to the Tenant's obligation to maintain insurance, (iv) the default relates to the assignment and subletting provision, and (v) the default relates to a violation of Section 5 of this Lease; the determination as to whether or not any such conditions exist to be made in Landlord's reasonable discretion, or 23.1.3. If Tenant assigns its assets or any guarantor of this Lease shall (i) make an assignment for the benefit of its creditors; , (vii) If acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (iii) seek, consent to or acquiesce in the sequestration appointment of any trustee, receiver or attachment liquidator of Tenant or execution on of any material guarantor of this Lease and of all or any part of Tenant's Personal Property essential or such guarantor's property, (iv) file a petition seeking an order for relief under the Bankruptcy Code, as now or hereafter amended or supplemented, or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (v) fail to win the conduct dismissal, discontinuation or vacating of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property any involuntary bankruptcy proceeding within thirty (30) days thereafter, or prior to sale pursuant to after such sequestration, attachment or levy, whichever proceeding is earlier;initiated; or (vi) 23.1.4. If Tenant shall have abandoned the Premises without Landlord's consent or if Tenant has vacated the Premises or any part thereof without complying with the obligations and failed to pay Rent when dueresponsibilities set forth herein; or (vii) If a court makes 23.1.5. The chronic delinquency by Tenant in the payment of monthly Rent, or enters any decree or order other than periodic payments required to be paid by Tenant under the bankruptcy laws of the United States adjudging this Lease; "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be insolvent; paid by Tenant under this Lease, within five (5) days after written notice thereof for any three (3) months (consecutive or approving as properly filed nonconsecutive) during any twelve (12) month period. In the event of a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order chronic delinquency, at Landlord's option, Landlord shall have continued for a period of thirty (30) daysthe additional right to require that Rent be paid by Tenant quarter-annually, in advance.

Appears in 1 contract

Sources: Lease (Axiom Inc)

Tenant’s Default. A The occurrence of any one or more of the following events shall, at Landlord's option, constitute a default under and breach of this Lease by Tenant shall ---------------- exist if any Tenant: 20.1 The vacation or abandonment of the following occurs:Premises by Tenant for a period of ten (10) consecutive days or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; (i) If 20.2 The failure by Tenant fails to pay make any payment of Rent, Additional Rent or any other sum payment required hereunder on the date said payment is due. Tenant agrees to be paid hereunder when due notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent may have under any statute or other sum is past due; providedlaw now or hereafter in effect; 20.3 The failure by Tena▇▇ ▇▇ observe, however, that such notice shall be in lieu of, and not in addition to, perform or comply with any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlordconditions, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, covenants or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition provisions of this Lease (except as provided in Paragraphs 26.A.(ifailure to make any payment of Rent and/or Additional Rent) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be failure is not cured within such thirty (30) day period; provided, however, that where the time period required under the provisions of this Lease. If such failure could is susceptible of cure but cannot reasonably be cured within the thirty aforementioned time period (30) day periodif any), that as determined solely by Landlord, Tenant shall not be in default if it commences promptly commence the cure of such performance failure and thereafter diligently prosecute such cure to completion within the thirty (30) day time period and diligently thereafter prosecutes the same specified by Landlord in any written notice regarding such failure as may be delivered to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration by Landlord. In no event or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and circumstance shall Tenant fails to obtain a return or release of such Personal Property within have more than thirty (30) days thereafterto complete any such cure, unless otherwise expressly agreed to in writing by Land▇▇▇▇ (▇▇ Landlord's sole discretion); 20.4 The making of a general assignment by Tena▇▇ ▇▇▇ the benefit of creditors, the filing of a voluntary petition by Tena▇▇ ▇▇ the filing of an involuntary petition by any of Tenant's creditors seeking the rehabilitation, liquidation, or prior reorganization of Tenant under any law relating to sale pursuant bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such sequestrationfiling, attachment the appointment of a receiver or levyother custodian to take possession of substantially all of Tenant's assets or this leasehold, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed Tenant's insolvency or inability to pay Rent Tenant's debts or failure generally to pay Tena▇▇'▇ ▇ebts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tena▇▇ ▇▇▇ing any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; 20.6 The making of any material misrepresentation or omission by Tena▇▇ ▇▇ any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or 20.7 A material adverse change in the financial condition of Tenant or an affiliated entity of Tenant which may adversely affect Tenant's ability to perform all or any portion of its obligations under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Ameriquest Technologies Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required hereunder on the date said payment is due. Tenant agrees to be paid hereunder when due notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant fails may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to cure observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such breach failure is not cured within five (5i) thirty (30) days after of the date on which Landlord delivers written notice from Landlord that of such Rent or failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other sum is past due; provided, however, that such notice shall be in lieu ofthan with respect to Hazardous Materials, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivers written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where of such failure could to Tenant for all failures in any way related to Hazardous Materials. However, Tenant shall not be in default of its obligations hereunder if such failure cannot reasonably be cured within the aforementioned time period (if any), as determined solely by Landlord, Tenant shall promptly commence the cure of such failure such thirty (30) or ten (10) day period, that as applicable, and Tenant shall not be in default if it commences promptly commences, and thereafter diligently prosecute such performance cure to completion within the thirty time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than sixty (3060) day period and diligently thereafter prosecutes the same days to completion;complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord's reasonable judgment). (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or 20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.

Appears in 1 contract

Sources: Lease Agreement (Pri Automation Inc)

Tenant’s Default. A The occurrence of any one or more of the following events shall constitute a default under and breach of this Lease by Tenant shall ---------------- exist if any of the following occursTenant: (i) a. If Tenant fails falls to pay any Rent or any other sum charges required to be paid hereunder when by Tenant under this Lease and such failure continues for five (5) days after such payment is due and Tenant fails to cure such breach payable, provided that the first late payment of rent in any calendar year shall not constitute a default if payment is made within five (5) days after written notice of default from Landlord that such Rent or other sum is past dueto Tenant; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) b. If Tenant fails to execute promptly and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to fully perform any other termcovenant, covenant condition or condition of agreement contained in this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within failure continues for thirty (30) days after written notice thereof from Landlord where to Tenant or unless such breach could reasonably be cured failure is not curable within such thirty (30) day period; provided, howeverin which event Tenant shall, that where provided it is using its best efforts and utmost due diligence to cure such failure could not reasonably be cured within the thirty failure, have an additional fifteen (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (301 5) day period and diligently thereafter prosecutes the same to completion;accomplish such cure; or (iv) c. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or d. If Tenant assigns its assets makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors;; or e. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (3045) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than of if under the bankruptcy laws provisions of the United States adjudging Tenant to be insolvent; any law providing for reorganization or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or liquidation control of Tenant or any substantial part of its property and such decree jurisdiction, custody or order shall have continued control remains in force unrelinquished, unstayed or unterminated for a period of thirty forty-five (3045) days; or f. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or g. If Tenant fails to perform its obligations under Article 25.

Appears in 1 contract

Sources: Lease Agreement (Satcon Technology Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after of Landlord's delivery of written notice from that said payment is due. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) thirty (30) days of the date on which Landlord that delivers written notice of such Rent or failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other sum is past due; provided, however, that such notice shall be in lieu ofthan with respect to Hazardous Materials, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivers written notice from Landlord where of such breach could failure to Tenant for all failures in any way related to Hazardous Materials. However, Tenant shall not be in default of its obligations hereunder if such failure cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than sixty (60) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about the Premises, the Buildings, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; 20.6 The intentional making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or 20.7 A material default by Tenant of any of the terms, provisions or conditions of that certain Lease Agreement, of even date herewith, by and such decree or order shall have continued between Landlord and Tenant for a period the leasing by Tenant of thirty those two (302) dayscertain buildings situated within the Park and referred to as Buildings C and D (the "Second Lease").

Appears in 1 contract

Sources: Lease Agreement (Cisco Systems Inc)

Tenant’s Default. A The occurrence of any one or more of the following ---------------- events shall, at Landlord's option, constitute a default under and breach of this Lease by Tenant shall ---------------- exist if any Tenant: 20.1 The abandonment of the following occurs:Premises by Tenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; (i) If 20.2 The failure by Tenant fails to pay make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after Tenant's receipt (in the manner set forth in Section 31.10 below) of written notice from Landlord that such Rent or other sum said payment is past due; provided, however, . Tenant agrees that such written notice by Landlord shall be serve as the statutorily required notice under the law and that Tenant further agrees to notice and service of notice as provided for in lieu ofthis Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to Hazardous Materials, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivers written notice from Landlord where of such breach could failure to Tenant for all failures in any way related to Hazardous Materials. However, Tenant shall not be in default of its obligations hereunder if such failure cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than forty-five (45) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.substantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; 20.6 Tenant knowingly making any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Nuance Communications)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any of the following occurs: shall constitute a default by Tenant under this Lease: (ia) If Tenant fails Tenant's failure to pay when due any Rent or any other sum required to be paid hereunder when due and Tenant fails under this Lease if the failure continues for three (3) days after written notice of the failure from Landlord to cure such breach within Tenant; (b) Tenant's failure to provide any instrument or assurance as required by Section 21.2 or estoppel certificate as required by Section 20.1 if the failure continues for five (5) days after written notice of the failure from Landlord that such Rent or other sum is past dueto Tenant; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (iic) If Tenant fails to execute and deliver to Landlord, within ten (10) days after LandlordTenant's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails failure to perform any other termobligation under this Lease if the failure continues for fifteen (15) days after written notice of the failure from Landlord to Tenant; (d) Tenant's abandonment of the Premises, covenant or condition including Tenant's absence from the Premises for three (3) consecutive days (excluding Saturdays, Sundays, and California legal holidays) while in default of any provision of this Lease; (e) to the extent permitted by law: (1) a general assignment by Tenant or any guarantor of the Lease except as provided for the benefit of creditors; (2) the filing by or against Tenant, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in Paragraphs 26.A.(ithe case of an involuntary proceeding) the proceeding is dismissed within sixty (60) days; (3) the appointment of a trustee or (ii) abovereceiver to take possession of all or substantially all the assets of Tenant or any guarantor, and unless possession is unconditionally restored to Tenant fails to cure such breach or that guarantor within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty and the trusteeship or receivership is dissolved; (304) day period; providedany execution or other judicially authorized seizure of all or substantially all the assets of Tenant located on the Premises, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursinterest in this Lease, and Tenant fails to obtain a return or release of such Personal Property unless that seizure is discharged within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; days; (vif) If Tenant shall have abandoned the Premises and failed to pay Rent when duecommitting of waste on the Premises; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Office Lease (Acc Consumer Finance Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one of the following occurs:events shall constitute an event of default on the part of Tenant (“Default”): (ia) If The abandonment of the Premises by Tenant fails which would cause any insurance policy to be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; (b) Failure to pay any installment of Rent or any other sum required monies due and payable hereunder, said failure continuing for a period of five (5) days after the same is due; provided that, on up to be paid hereunder when due one (1) occasion in any twelve (12) month period, there shall exist no Default unless Landlord gives Tenant written notice of such failure and Tenant fails to cure make such breach payment within five (5) days after written notice from Landlord that following the giving of such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actionsnotice; (iic) If A general assignment by Tenant fails or any guarantor or surety of Tenant’s obligations hereunder, including, without limitation Lease Guarantor, if any, (collectively, “Guarantor”) for the benefit of creditors; (d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days; (e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof; (f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity; (g) Failure of Tenant to execute and deliver to LandlordLandlord any estoppel certificate, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any estoppel certificate financial statement within the time period and in the manner required under by Paragraph 3140; (iiih) If Tenant fails to perform any other termAn assignment or sublease, covenant or condition attempted assignment or sublease, of this Lease except as or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto; (i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraphs 26.A.(iParagraph 7 above; (j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b)(i), (1) or (iim) aboveherein or any other subparagraphs of this Paragraph 24, which shall be governed by the notice and Tenant fails to cure periods set forth in such breach within other subparagraphs), which failure continues for thirty (30) days after written notice thereof from Landlord where to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such breach could reasonably failure and such failure cannot be cured within such thirty (30) day period; providedperiod despite reasonable diligence, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period under this subparagraph so long as Tenant thereafter diligently and diligently thereafter continuously prosecutes the same cure to completion; (ivk) If Any insurance required to be maintained by Tenant assigns its assets for the benefit of its creditorspursuant to this Lease shall be canceled or terminated or shall expire or be reduced or materially changed, except as permitted in this Lease; (vl) If Any failure by Tenant to discharge any lien or encumbrance placed on the sequestration Project or attachment any part thereof in violation of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property this Lease within thirty (30) days thereafterafter the date such lien or encumbrance is filed or recorded against the Project or any part thereof; and (m) Any representation of Tenant herein or in any financial statement or other materials provided by Tenant or any guarantor of Tenant’s obligations under this Lease shall prove to be untrue or inaccurate in any material respect, or prior to sale pursuant to any such sequestration, attachment financial statements or levy, whichever is earlier; (vi) If Tenant other materials shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters omitted any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysmaterial fact.

Appears in 1 contract

Sources: Deed of Lease (Sucampo Pharmaceuticals, Inc.)

Tenant’s Default. A default under This Lease and the term of this Lease by are subject to the limitation that Tenant shall ---------------- exist if be in default if, at any time during the Lease Term, any one or more of the following occursevents (herein called an “Event of Default,” a “default of Tenant,” or similar reference) shall occur and not be cured prior to the expiration of the notice and cure period (if any) herein provided, as follows: (iA) If Tenant fails shall fail to pay any installment of the Annual Fixed Rent, or any Additional Rent or any other sum required to be paid hereunder when monetary amount due under this Lease on or before the date on which the same becomes due and Tenant fails to cure payable, and such breach within failure continues for five (5) days after written notice from Landlord that such thereof; or (B) Landlord having rightfully given the notice specified in (a) above to Tenant twice in any twelve (12) month period, Tenant shall fail thereafter to pay the Annual Fixed Rent, Additional Rent or any other sum is past duemonetary amount due under this Lease on or before the date on which the same becomes due and payable; providedor (C) Tenant shall assign its interest in this Lease or sublet any portion of the Premises in violation of the requirements of Article XII of this Lease; or (D) Tenant shall fail to perform or observe some term or condition of this Lease which, howeverbecause of its character, that would immediately and materially jeopardize Landlord’s interest (such notice shall be as, but without limitation, failure to maintain general liability insurance, or the employment of labor and contractors within the Premises which interfere with Landlord’s work, in lieu ofviolation of Sections 9.3, 11.4 or Exhibit B or a failure to observe the requirements of Section 11.2), and not in addition to, any such failure continues for three (3) business days after written notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;from Landlord to Tenant thereof; or (iiE) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails shall fail to perform or observe any other requirement, term, covenant or condition of this Lease except as provided (not hereinabove in Paragraphs 26.A.(ithis Section 15.1 specifically referred to) on the part of Tenant to be performed or observed and such failure shall continue for thirty (ii30) abovedays after written notice thereof from Landlord to Tenant, and or if said default shall reasonably require longer than thirty (30) days to cure, if Tenant fails shall fail to commence to cure such breach said default within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within thereof and/or fail to continuously prosecute the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes curing of the same to completion;completion with due diligence; or (ivF) If The estate hereby created shall be taken on execution or by other process of law; or (G) Tenant assigns its assets shall make an assignment or trust mortgage arrangement, so-called, for the benefit of its creditors;; or (vH) If the sequestration Tenant shall judicially be declared bankrupt or attachment insolvent according to law; or (I) a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of all or execution on any material substantial part of Tenant's Personal Property essential ’s property by a court of competent jurisdiction; or (J) any petition shall be filed against Tenant in any court, whether or not pursuant to any statute of the conduct United States or of Tenant's business occursany State, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceeding, and Tenant fails to obtain a return or release of such Personal Property proceedings shall not be fully and finally dismissed within thirty sixty (3060) days thereafterafter the institution of the same; or (K) Tenant shall file any petition in any court, whether or prior to sale not pursuant to such sequestrationany statute of the United States or any State, attachment in any bankruptcy, reorganization, composition, extension, arrangement or levy, whichever is earlier;insolvency proceeding; or (viL) If Tenant abandons the Premises. Tenant shall not be deemed to have abandoned the Premises and failed if Tenant provides Landlord with reasonable advance notice prior to pay Rent when due; or vacating and, at the time of vacating the Premises, (viii) If a court makes or enters any decree or order other than under Tenant has made reasonable arrangements to Landlord’s satisfaction for (a) the bankruptcy laws security of the United States adjudging Premises for the balance of the Term and (b) the removal of any Hazardous Materials from the Premises and/or decommissioning of any laboratory facilities within the Premises, and (ii) Tenant continues during the balance of the Term to satisfy and perform all of Tenant’s obligations under this Lease as they come due. Temporary non-use of the Premises, as appropriate, for repair, restoration, remodeling, change from research to development or another phase of Tenant’s business that complies with the Permitted Use shall not in and of itself be deemed to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysabandonment.

Appears in 1 contract

Sources: Lease Agreement (Translate Bio, Inc.)

Tenant’s Default. A default The following shall be deemed to be defaults hereunder: a) Tenant’s failure to pay Fixed Rent or monthly installments of additional rent on or before the third (3rd) business day following Landlord’s written notice to Tenant of such failure; provided if Landlord has given two (2) prior notices of any such failure (under this Lease by subsection (a) or (b) hereunder) in any twelve (12) month period, then Tenant shall ---------------- exist be in default hereunder if any such failure continues after the first (1st) day of the following occurs:each month; or (ib) If Tenant fails Tenant’s failure to pay Rent additional rent (except monthly installments thereof) or any other sum required charges for which provision is made herein on or before the third (3rd) business day following Landlord’s written notice to Tenant of such failure; provided if Landlord has given two (2) prior notices of any such failure (under subsection (a) or (b) hereunder) in any twelve (12) month period, then Tenant shall be paid in default hereunder when due and Tenant fails if any such failure continues after the first (1st) day of each month; or c) Tenant’s failure to cure such breach perform or observe any other covenants, terms or conditions contained in this Lease, which failure is not cured within five (5) 30 days after written notice from Landlord that such Rent or other sum is past duethereof; provided, however, that if such notice shall be in lieu of, and failure is of such a nature that Tenant cannot in addition to, any notice required under Section 1161 of reasonably remedy the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured same within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes fail to commence promptly to remedy the same and to completion;prosecute such remedy to completion with diligence (but in any event within one hundred twenty (120) days) after Landlord’s notice thereof; or (ivd) If the estate hereby created shall be taken on execution or by other process of law, or if Tenant assigns its assets shall be judicially declared bankrupt or insolvent according to law, or if any assignment shall be made of the property of Tenant for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, creditors and Tenant fails to obtain a return or release of such Personal Property not dismissed within thirty (30) days thereafterdays, or prior if a receiver, guardian, conservator, trustee in involuntary bankruptcy or other-similar officer shall be appointed to sale pursuant to such sequestration, attachment take charge of all or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If any substantial part of Tenant’s property by a court makes of competent jurisdiction, or enters if a petition shall be filed for the reorganization of Tenant under any decree or order other than under the bankruptcy laws provisions of the United States adjudging Tenant to be insolvent; Bankruptcy Code now or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant hereafter enacted and such decree or order shall have continued for a period of matter is not dismissed within thirty (30) days, or if Tenant shall file a petition for such reorganization or for arrangements under any provision of the Bankruptcy Code now or hereafter enacted and providing a plan for a debtor to settle, satisfy or extend the time for payment of debts (references herein to Tenant shall include any guarantor of Tenant’s obligations hereunder); or e) The discovery by Landlord that any financial statement, representation or warranty given to Landlord by Tenant, or by any guarantor of Tenant’s obligations hereunder, was materially false at the time given. Tenant acknowledges that Landlord has entered into this Lease in material reliance on such information; or f) If Tenant is a corporation or a partnership, the dissolution or liquidation of Tenant; or g) If Tenant’s obligations under this Lease are guaranteed: (i) the death of a guarantor, (ii) the termination of a guarantor’s liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a guarantor’s becoming insolvent or the subject of a bankruptcy filing, (iv) a guarantor’s refusal to honor the guaranty, or (v) a guarantor’s breach of its guaranty obligation on an anticipatory breach basis.

Appears in 1 contract

Sources: Expansion Option Agreement (Color Kinetics Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after from the date of Landlord's written notice from Landlord to Tenant (which notice shall constitute the notice required under California Code 54 of Civil Procedure Section 1161) that such Rent or other sum is past due; provided, howeverincluding, that such notice shall be in lieu of, and not in addition towithout limitation, any notice required Tenant Improvement costs payable by Tenant under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;Exhibit C; or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion;; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Tenant's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If Tenant vacates or abandons the Premises; or (vi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.

Appears in 1 contract

Sources: Lease Agreement (Excite Inc)

Tenant’s Default. A default under The occurrence of any one or more of the ----------------- following events (each, an "Event of Default") shall constitute a breach of this ---------------- Lease by Tenant shall ---------------- exist if any of the following occursTenant: (ia) If Tenant fails to pay any Rent or any other sum required to be paid hereunder when due and such failure continues for five (5) days or more following Landlord's notice of such failure. (b) Tenant fails to cure perform its obligations under Section 17 (Assignment and Sublease), or Section 28 (Hazardous Substances). (c) Tenant abandons the Premises. (d) Tenant fails to perform any obligation to Landlord under this Lease other than those described in Sections 12.1(a), 12.1(b) or 12.1(c) above, and such breach within five failure continues for thirty (530) days after written notice from Landlord or Landlord's agent, except that if Tenant begins to cure its failure within the thirty (30) day period but cannot reasonably complete its cure within such Rent period, then, so long as Tenant continues to diligently attempt to cure its failure, the thirty (30) day period shall be extended to one hundred twenty (120) days, or such lesser period as is reasonably necessary to complete the cure. (e) One of the following credit defaults occurs: (i) Tenant (or any guarantor of Tenant's obligations hereunder) commences any proceeding under any law relating to bankruptcy, insolvency, reorganization or relief of debts, or seeks appointment of a receiver, trustee, custodian or other sum similar official for the Tenant (or the guarantor) or for any substantial part of its property, or any such proceeding is past commenced against Tenant (or the guarantor) and either remains undismissed for a period of sixty (60) days or results in the entry of an order for relief against Tenant (or the guarantor) which is not fully stayed within seven (7) days after entry; (ii) Tenant (or any guarantor of Tenant's obligations hereunder) becomes bankrupt, does not generally pay its debts as they become due; provided, howeveror admits in writing its inability to pay its debts, or makes a general assignment for the benefit of creditors; (iii) Any third party obtains a levy or attachment under process of law against Tenant's leasehold interest. Tenant acknowledges and agrees that, notwithstanding the foregoing provisions of this Section 12, that such notice shall any notices required to be given by Landlord under this Section 12 shall, in each case, be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) aboveProcedure, and Tenant fails shall be deemed to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; providedsatisfy the requirement, howeverif any, that where such failure could not reasonably notice be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale given pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssection.

Appears in 1 contract

Sources: Lease (Ydi Wireless Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 24.1.1 If Tenant fails to pay Rent Base Rent, additional rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five ten (510) days after written notice from Landlord that such Rent or other sum is past payment was due; , but was not paid as of the due date (provided, however, that if Landlord has delivered two (2) such notice notices to Tenant in any twelve (12) month period, or four (4) such notices over the Term of this Lease, whichever first occurs, then any subsequent failure to pay Base Rent, additional rent or any other sum required to be paid to Landlord hereunder on or before the due date for such payment shall be in lieu of, and not in addition to, any notice required under Section 1161 constitute a default by Tenant without requirement of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within such ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;day notice and opportunity to cure); or (iii) 24.1.2 If Tenant fails to perform any other term, covenant or condition of this Lease except those requiring the payment of money to Landlord as provided set forth in Paragraphs 26.A.(i) or (ii) Section 24.1.1 above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be considered in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion;, such grace period not to exceed a maximum of ninety (90) days in the aggregate, subject to Force Majeure. If any provisions of this Lease calls for a shorter or different grace period than that set forth above, then such other provision shall control over this provision. The foregoing notice and cure period notwithstanding, Landlord may exercise its self-help rights hereunder (i.e., Landlord's right to perform any obligation of Tenant which Tenant has failed to perform hereunder) without any prior notice or upon such shorter notice as may be reasonable under the circumstances in the event of any one or more of the following circumstances is present: (i) there exists a reasonable risk of prosecution of Landlord unless such obligation is performed sooner than the stated cure period, (ii) there exists an imminent possibility of danger to the health or safety of the Landlord, the Tenant, Tenant's invitees, or any other occupants of, or visitors to, the Building, unless such obligation is performed sooner than the stated cure period, and/or (iii) the Tenant has failed to obtain insurance required by this Lease, or such insurance has been canceled by the insurer without being timely replaced by Tenant, as required herein. (iv) 24.1.3 If Tenant assigns its assets or any guarantor of this Lease shall (i) make an assignment for the benefit of its creditors; , (vii) If acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (iii) seek, consent to or acquiesce in the sequestration appointment of any trustee, receiver or attachment liquidator of Tenant or execution on of any material guarantor of this Lease and of all or any part of Tenant's Personal Property essential to the conduct of Tenantor such guarantor's business occursproperty, and Tenant fails to obtain a return or release of such Personal Property within thirty (30iv) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed file a petition seeking reorganization an order for relief under the Bankruptcy Code, as now or hereafter amended or supplemented, or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (v) fail to win the dismissal, discontinuation or vacating of Tenant; or directing the winding up or liquidation of Tenant and any involuntary bankruptcy proceeding within ninety (90) days after such decree or order shall have continued for a period of thirty (30) daysproceeding is initiated.

Appears in 1 contract

Sources: Lease Agreement (MCK Communications Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after of Landlord's delivery of written notice from that said payment is due. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) thirty (30) days of the date on which Landlord that delivers written notice of such Rent or failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other sum is past due; provided, however, that such notice shall be in lieu ofthan with respect to Hazardous Materials, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivers written notice from Landlord where of such breach could failure to Tenant for all failures in any way related to Hazardous Materials. However, Tenant shall not be in default of its obligations hereunder if such failure cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than sixty (60) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about the Premises, the Buildings, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; 20.6 The intentional making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or 20.7 A material default by Tenant of any of the terms, provisions or conditions of that certain Lease Agreement, of even date herewith, by and such decree or order shall have continued between Landlord and Tenant for a period the leasing by Tenant of thirty those two (302) dayscertain buildings situated within the Park and referred to as Buildings A and B (the "First Lease").

Appears in 1 contract

Sources: Lease Agreement (Cisco Systems Inc)

Tenant’s Default. A default under (a) If at any time subsequent to the date of this Lease by Tenant shall ---------------- exist if any one or more of the following occursevents (herein referred to as a “Default of Tenant”) shall happen: (i) If Tenant fails shall fail to pay Rent the Basic Rent, Escalation Charges, Tenant’s Original Electrical Factor or any other sum required to be paid sums payable as additional charges hereunder when due and Tenant fails to cure such breach within failure shall continue for a period of five (5) days Business Days after receipt of written notice from Landlord that such Rent payment was not made when due. The requirement for written notice set forth in the immediately preceding sentence shall only apply to the first three (3) instances of failure to timely pay Basic Rent, Escalation Charges, Tenant’s Original Electrical Factor or other sum is past duesums payable as additional charges hereunder in any twelve (12) month period, thereafter, beginning with the fourth (4th) such occasion in any twelve (12) month period, Landlord shall have no obligation to provide written notice to Tenant; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails shall neglect or fail to execute and deliver perform or observe any other covenant herein contained on Tenant’s part to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27be performed or observed, or any estoppel certificate required under Paragraph 31; Tenant shall desert or abandon the Premises or the Premises shall become, or appear to have become vacant (iii) If Tenant fails to perform any regardless whether the keys shall have been surrendered or the rent and all other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovesums due shall have been paid), and Tenant fails shall fail to cure such breach remedy the same within thirty (30) days after written notice from Landlord where to Tenant specifying such breach could neglect or failure, or if such failure is of such a nature that Tenant cannot reasonably be cured remedy the same within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes fail to commence promptly to remedy the same and to completion;prosecute such remedy to completion with diligence and continuity; or (iii) Tenant’s leasehold interest in the Premises shall be taken on execution or by other process of law directed against Tenant; or (iv) If Tenant assigns its assets shall make an assignment for the benefit of creditors or shall file a voluntary petition in bankruptcy or shall be adjudicated bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future Federal, State or other statute, law or regulation for the relief of debtors, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of all or any substantial part of its creditors;properties, or shall admit in writing its inability to pay its debts generally as they become due; or (v) If the sequestration A petition shall be filed against Tenant in bankruptcy or attachment under any other law seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future Federal, State or other statute, law or regulation and shall remain undismissed or unstayed for an aggregate of sixty (60) days (whether or execution on not consecutive), or if any material debtor in possession (whether or not Tenant) trustee, receiver or liquidator of Tenant or of all or any substantial part of Tenant's Personal Property essential to its properties or of the conduct Premises shall be appointed without the consent or acquiescence of Tenant's business occurs, Tenant and Tenant fails to obtain a return such appointment shall remain unvacated or release unstayed for an aggregate of such Personal Property within thirty sixty (3060) days thereafter, (whether or prior to sale pursuant to such sequestration, attachment or levy, whichever is earliernot consecutive); (vi) If an event of the type described in clause (i) above shall occur and if either (a) Tenant shall have abandoned cure such default within the applicable grace period or (b) Landlord shall, in its sole discretion, permit Tenant to cure such default after the applicable grace period has expired, and an event which would constitute a similar, monetary default if not cured within the applicable grace period shall occur (without regard to any notice or opportunity to cure) more than three (3) times within the same twelve month period as the first such default, whether or not such event is cured within the applicable grace period; then in any such case (1) if such Default of Tenant shall occur prior to the Commencement Date, this Lease shall ipso facto, and without further act on the part of Landlord, terminate, and (2) if such Default of Tenant shall occur after the Commencement Date, Landlord may terminate this Lease by notice to Tenant, and thereupon this Lease shall come to an end as fully and completely as if such date were the date herein originally fixed for the expiration of the Term of this Lease, and Tenant will then quit and surrender the Premises and failed to pay Rent when due; orLandlord, but Tenant shall remain liable as hereinafter provided. (viib) If this Lease shall be terminated as provided in this Article, or if any execution or attachment shall be issued against Tenant or any of Tenant’s property whereupon the Premises shall be taken or occupied by someone other than Tenant, then Landlord may, without notice, re-enter the Premises, either by force, summary proceedings, ejectment or otherwise, and remove and dispossess Tenant and all other persons and any and all property from the same, as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that end. (c) In the event of any termination, Tenant shall pay the Basic Rent, Escalation Charges and other sums payable hereunder up to the time of such termination, and thereafter Tenant, until the end of what would have been the Term of this Lease in the absence of such termination, and whether or not the Premises shall have been relet, shall be liable to Landlord for, and shall pay to Landlord, as liquidated current damages, the Basic Rent, Escalation Charges and other sums which would be payable hereunder if such termination had not occurred, less the net proceeds, if any, of any reletting of the Premises, after deducting all expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys’ fees, advertising, expenses of employees, alteration costs and expenses of preparation for such reletting. Tenant shall pay such current damages to Landlord monthly on the days which the Basic Rent would have been payable hereunder if this Lease had not been terminated. (d) At any time after such termination, whether or not Landlord shall have collected any such current damages, as liquidated final damages and in lieu of all such current damages beyond the date of such demand, at Landlord’s election Tenant shall pay to Landlord an amount equal to the excess, if any, of the Basic Rent, Escalation Charges and other sums as hereinbefore provided which would be payable hereunder from the date of such demand (assuming that, for the purposes of this paragraph, annual payments by Tenant on account of Taxes, Utility Expenses and Operating Expenses would be the same as the payments required for the immediately preceding Operating or Tax Year) for what would be the then unexpired Term of this Lease if the same had remained in effect, over the then fair net rental value of the Premises for the same period. (e) In the case of any Default of Tenant, re-entry, expiration and dispossession by summary proceeding or otherwise, Landlord may (i) re-let the Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms which may at Landlord’s option be equal to or less than or exceed the period which would otherwise have constituted the balance of the Term of this Lease and may grant concessions or free rent to the extent that Landlord considers advisable and necessary to re-let the same and (ii) may make such reasonable alterations, repairs and decorations in the Premises as Landlord in its sole judgment considers advisable and necessary for the purpose of reletting the Premises; and the making of such alterations, repairs and decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall in no event be liable in any way whatsoever for failure to re-let the Premises, or, in the event that the Premises are re-let, for failure to collect the rent under such re-letting. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed, or in the event of Landlord obtaining possession of the Premises, by reason of the violation by Tenant of any of the covenants and conditions of this Lease. Landlord agrees to exercise commercially reasonable efforts to mitigate Landlord’s damages on account of any Default of Tenant under this Lease. (f) Tenant further agrees that Landlord may file suit from time to time to recover any sums due under the terms of this Lease and that no recovery of any portion due Landlord hereunder shall be a defense to any subsequent action brought for any amount not theretofore reduced to judgment in favor of Landlord. Reletting the Premises shall not be construed as an election on the part of Landlord to terminate this Lease, and notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach, whereupon the foregoing provisions with respect to termination shall apply. Nothing herein shall be deemed to require Landlord to await the date whereon this Lease or the Term hereof would have expired by limitation had there been no such default by Tenant, or no such termination, as the case may be. (g) If a court makes or enters Guarantor of this Lease is named in Section 1.2, the happening of any decree or order other than under the bankruptcy laws of the United States adjudging events described in paragraphs (a)(iv) or (a)(v) of this Section 13.1 with respect to the Guarantor shall constitute a Default of Tenant hereunder. (h) The specified remedies to which Landlord may resort hereunder are not intended to be insolvent; exclusive of any remedies or approving means of redress to which Landlord may at any time be entitled to lawfully, and Landlord may invoke any remedy (including the remedy of specific performance) allowed at law or in equity as properly filed a petition seeking reorganization if specific remedies were not herein provided for. (i) Tenant shall pay all reasonable fees, costs and expenses (including, without limitation, reasonable attorneys’ fees) incurred by or on behalf of Tenant; Landlord in connection with the successful enforcement of any rights of Landlord or directing the winding up or liquidation obligations of Tenant hereunder, by judicial authority or in binding arbitration, occasioned by a Default of Tenant under this Lease. Landlord shall pay all reasonable fees, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred by or on behalf of Tenant in connection with the successful enforcement of any rights of Tenant or obligations of Landlord hereunder, by judicial authority or in binding arbitration, occasioned by a Default of Tenant under this Lease. Provided however, if an arbitrator or judicial authority shall not deem either party as the prevailing party, no such decree or order fees, costs and expenses shall have continued for a period of thirty (30) daysbe awarded to either party.

Appears in 1 contract

Sources: Lease Agreement (Bladelogic Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant. In the event Tenant fails has abandoned or vacated the Premises, Tenant agrees to pay notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent said payment is delinquent. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or other sum is past due; providedfurther notice of service of notice which Tenant may have under any statute or law now or hereafter in effect. 20.3 The failure by Tenant to observe, however, that such notice shall be in lieu of, and not in addition to, perform or comply with any notice required under Section 1161 of the California Code conditions, covenants or provisions of Civil Procedure regarding unlawful detainer actions; this Lease (iiexcept failure to make any payment of Rent and/or Additional Rent) If Tenant fails to execute and deliver to Landlord, such failure is not cured (i) within ten (10) days after Landlord's of the date on which Landlord delivers written request therefornotice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, any subordination documentation required under Paragraph 27if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails with respect to perform any other termsuch failure, covenant or condition within the time period required under the provisions of this Lease except as provided in Paragraphs 26.A.(i) or (ii) aboveor, and Tenant fails to cure if such breach time period is not specified, within thirty (30) days after written notice from Landlord where of such breach could reasonably be cured within such thirty (30) day period; provided, however, that where failure. If such failure could is susceptible of cure but cannot reasonably be cured within the thirty aforementioned time period (30) day periodif any), that as reasonably determined by Landlord, Tenant shall not be deemed to be in default if it Tenant promptly commences the cure of such performance failure and thereafter diligently prosecutes such cure to completion within the thirty time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (3090) day period and diligently thereafter prosecutes the same days to completioncomplete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable discretion); (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential ’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occurs, and Tenant fails to obtain a return ’s assets or release this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such Personal Property within thirty (30) days thereafterappointment, Tenant’s insolvency or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant’s debts or failure generally to pay Tenant’s debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant’s assets, Tenant taking any action toward the dissolution or winding up of Tenant’s affairs, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold; 20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or 20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.

Appears in 1 contract

Sources: Lease Agreement (Synplicity Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five AND TENANT FAILS TO CURE SUCH NON-PAYMENT WITHIN FIVE (5) days after written notice from Landlord that such Rent or other sum is past dueDAYS AFTER WRITTEN NOTICE FROM LANDLORD; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion;; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If Tenant abandons the Premises; or (vi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.

Appears in 1 contract

Sources: Lease (Communication Telesystems International)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one of the following occurs:events shall constitute an event of default on the part of Tenant (“Default”): (i) If The abandonment of the Premises by Tenant fails for a period of ten (10) consecutive days or which would cause any insurance policy to be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided in this Lease and waives any right to any other or further notice or service notice; (ii) Failure to pay any installment of Rent or any other sum required to be paid hereunder when monies due and Tenant fails to cure payable hereunder, and such breach failure shall not have been cured within five (5) days after written notice thereof from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actionsLandlord; (iiiii) If A general assignment by Tenant fails or any guarantor or surety of Tenant’s obligations hereunder (collectively, “Guarantor”) for the benefit of creditors; (iv) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days; (v) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s Property, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof; (vi) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity; (vii) Failure of Tenant to execute and deliver to LandlordLandlord any estoppel certificate, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30, 31 or 42, and/or failure by Tenant to deliver to Landlord any estoppel certificate financial statement within the time period and as required under by Paragraph 3140; (iiiviii) If An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto; (ix) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above; (x) Failure to perform any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other term, covenant or condition subparagraphs of this Lease except as provided in Paragraphs 26.A.(i) or (ii) aboveParagraph 24, and Tenant fails to cure which shall be governed by such breach within other Paragraphs), which failure continues for thirty (30) days after written notice thereof from Landlord where to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such breach could reasonably failure and such failure cannot be cured within such thirty (30) day period; providedperiod despite reasonable diligence, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period under this subparagraph so long as Tenant thereafter diligently and diligently thereafter continuously prosecutes the same cure to completioncompletion and actually completes such cure within sixty (60) days after the giving of such written notice; (ivxi) If Chronic delinquency by Tenant assigns its assets in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” means failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within three (3) business days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any period of twelve (12) months. In the benefit event of its creditorsa Chronic delinquency, in addition to Landlord’s other remedies for Default provided in this Lease, at Landlord’s option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance; (vxii) If the sequestration Chronic overuse by Tenant or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws ’s Agents of the United States adjudging number of undesignated parking spaces set forth in the Basic Lease Information. “Chronic overuse” means use by Tenant to be insolvent; or approving as properly filed Tenant’s Agents of a petition seeking reorganization number of Tenant; or directing parking spaces greater than the winding up or liquidation number of Tenant and such decree or order shall have continued for a period of thirty parking spaces set forth in the Basic Lease Information more than three (303) days.times during any calendar year, after written notice by Landlord;

Appears in 1 contract

Sources: Lease Agreement (Trident Microsystems Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 24.1.1 If Tenant fails to pay Base Rent, Additional Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;said amount is due; or (iii) 24.1.2 If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion;; or (iv) 24.1.3 If Tenant assigns its assets for the benefit of its creditors;; or (v) 24.1.4 If the sequestration or attachment of or execution on any material part of Tenant's Personal Property personal property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property personal property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) 24.1.5 If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; , or approving as properly filed a petition seeking reorganization of Tenant; , or directing the winding up or liquidation of Tenant Tenant, and such decree or order shall have continued for a period of thirty (30) days. 24.1.6 The chronic delinquency by Tenant in the payment of monthly Rent, or any other periodic payments required to be paid by Tenant under this Lease, shall constitute a default. "Chronic delinquency" shall mean failure by tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease within three (3) days after written notice thereof for any three (3) months (consecutive or non-consecutive) during any twelve (12) month period. In the event of a chronic delinquency, at Landlord's option, Landlord shall have the additional right to require that monthly Rent be paid by Tenant quarter-annually, in advance. 24.1.7 If there is a Guarantor, the happening of any of the events described in paragraphs 24.13, 24.1.4 or 24.1.6 of this Section with respect to the Guarantor shall constitute a default of Tenant hereunder.

Appears in 1 contract

Sources: Lease (Smtek International Inc)

Tenant’s Default. A default “Default” under this Lease by Tenant shall ---------------- exist if any of the following occurs:occurs (taking into account the expiration of the notice and cure periods provided for below): (i) 24.1.1 If Tenant fails to pay Base Rent, Additional Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) business days after receipt (or deemed receipt pursuant to Section 30) by Tenant of written notice from Landlord that such Rent or other sum is past payment was due; provided, however, that such notice shall be in lieu of, and but was not in addition to, any notice required under Section 1161 paid as of the California Code of Civil Procedure regarding unlawful detainer actions;due date; or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) 24.1.2 If Tenant fails to perform any other term, covenant or condition of this Lease except those requiring the payment of money to Landlord as provided set forth in Paragraphs 26.A.(i) or Section 24.1.1 above (ii) including Tenant’s obligation to accept delivery of possession of phases of the Premises in accordance with Section 1.3, above), and Tenant fails to cure such breach within thirty fifteen (15) calendar days after receipt (or deemed receipt pursuant to Section 30) days after by Tenant of written notice from Landlord where such breach could reasonably be cured within such thirty fifteen (3015) calendar day period; provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) calendar day period, that Tenant shall not be in default Default if it commences such performance within the thirty (30) day period promptly after its receipt of Landlord’s written notice and diligently thereafter prosecutes the same to completion;; provided that the foregoing cure period shall not be invoked to prevent Landlord from exercising its rights under Section 38 below to perform an obligation which Tenant has failed to perform under this Lease on Tenant’s behalf (and at Tenant’s expense), and with notice to the extent reasonable, in cases of Emergency; or (iv) 24.1.3 If Tenant assigns its assets shall (i) make an assignment for the benefit of its creditors; , (ii) acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (iii) seek, consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant and of all or substantially all of Tenant’s property, (iv) file a petition seeking an order for relief under the Bankruptcy Code, as now or hereafter amended or supplemented, or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (v) If fail to win the sequestration dismissal, discontinuation or attachment vacating of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property involuntary bankruptcy proceeding within thirty ninety (3090) days thereafter, or prior to sale pursuant to after such sequestration, attachment or levy, whichever proceeding is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysinitiated.

Appears in 1 contract

Sources: Deed of Lease (Telecommunication Systems Inc /Fa/)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any Each of the following occursshall constitute an Event of ---------------- Default: (ia) If Failure on the part of the Tenant fails to pay Rent the Annual Fixed Rent, or any other sum required to be paid hereunder when the regular monthly payments of Real Estate Taxes or Operating Expenses for which provision is made herein on or before the date on which the same become due and Tenant fails to cure payable, if such breach within condition continues for five (5) business days after written notice from Landlord to Tenant thereof, or failure on the part of the Tenant to pay any balance due determined by reconciling the monthly payments respectively of Real Estate Taxes and Operating Expenses ("Reconciliation Payments") with the actual expenses for any calendar year within fifteen (15) business days after notice from Landlord to Tenant thereof. Tenant agrees that such Rent or Tenant, even if contesting the same, may not withhold Reconciliation Payments, and that Tenant will not unreasonably withhold payment of any other sum is past dueitems of Additional Rent; provided, however, that in the event of any such notice withholding, Tenant shall be in lieu of, and not in addition to, provide Landlord with a reasonably detailed explanation with a reasonable basis for any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach withholding within thirty (30) days after written notice from Landlord where that such breach could reasonably amount is due. (Notwithstanding the foregoing, Tenant's making of any such payments shall not be cured within such thirty deemed an admission that the same are properly due or owed). Notwithstanding the first sentence of this subparagraph (30) day period; provideda), however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in entitled to receive such notice from Landlord more than twice during any calendar year as to any default if it commences such performance within the thirty consisting of failure to make any regular monthly payment of (30i) day period and diligently thereafter prosecutes the same to completion;Annual Fixed Rent or (ii) Real Estate Taxes or (iii) Operating Expenses. (ivb) If Tenant assigns its assets for Failure on the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential the Tenant to perform or observe any other term or condition contained in this Lease if the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of shall not cure such Personal Property failure within thirty (30) days thereafterafter notice from the Landlord to the Tenant thereof, or prior provided that in the case of breaches of obligations under this Lease which are susceptible to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to cure but cannot be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of cured within thirty (30) daysdays through the exercise of due diligence, so long as the Tenant commences such cure within thirty (30) days and the Tenant diligently and continuously pursues such cure to completion, such breach shall not be deemed to create an Event of Default, so long as Master Landlord does not declare an Event of Default under the Master Lease as a result of such Event of Default hereunder, provided that Landlord shall promptly provide Tenant with a copy of any notice of default served upon Landlord by Master Landlord based upon Article 18 clause (v) and not otherwise; (c) The taking of the estate hereby created on execution or by other process of law; or if the Tenant shall make an assignment for the benefit of creditors or shall be adjudicated insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future Federal, State or other statute, law or regulation for the relief of debtors (other than the Bankruptcy Code, as hereinafter defined), or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Tenant or of all or any substantial part of its properties, or shall admit in writing its inability to pay its debts generally as they become due; or the filing of a voluntary petition by the Tenant, or the entry of an order for relief against the Tenant, under Chapter 7, 11, or 13 of 11 U.S.C (S)101 et seq., as amended or replaced from time to time (the "Bankruptcy ------- Code"); or a petition shall be filed against the Tenant under any law (other than the Bankruptcy Code) seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future Federal, State or other statute, law or regulation and shall remain undismissed or unstayed for an aggregate of one hundred twenty (120) days (whether or not consecutive), or if any trustee, conservator, receiver or liquidator of the Tenant or of all or any substantial part of its properties shall be appointed without the consent or acquiescence of the Tenant and such appointment shall remain unvacated or unstayed for an aggregate of one hundred twenty (120) days (whether or not consecutive). If an Event of Default shall occur, then, in any such case the Landlord lawfully may, immediately or at any time or times thereafter, give notice to the Tenant specifying the Event of Default, and this Lease shall come to an end on the date specified therein, not earlier than thirty (30) nor later than ninety (90) days after such notice, as fully and completely as if such date were the date herein originally fixed for the expiration of the Lease Term, and the Tenant will then quit and surrender the Premises to the Landlord, but the Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Sources: Sublease (Lifef X Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the The following occurs: (i) If Tenant fails constitute a Default: Any failure to pay Rent rent or any other sum required to charges due hereunder as and when the same shall be paid hereunder when due and Tenant fails to cure such breach within five payable (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that no more than twice during any calendar year, a Default shall not have occurred unless Tenant has failed to cure any such failure within three (3) business days following written notice shall be thereof from Landlord) or if Tenant defaults in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform performing any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, Tenant's non-monetary obligations hereunder and Tenant fails to cure such breach default within thirty (30) days after written notice from Landlord where (or such breach could longer period as may reasonably be necessary to cure such default if such default is not reasonably susceptible of being cured within such thirty (30) day period; provideddays, however, that where provided Tenant promptly commences its efforts to cure such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days and proceeds with due diligence and good faith thereafter); or if Tenant files for or is adjudicated a bankrupt; or if a permanent receiver is appointed for Tenant's property, including Tenant's interest in the Premises, and such receiver is not removed within sixty (60) days after written notice from Landlord to Tenant to obtain such removal; or if whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant proposed to be insolventreduced or payment thereof deferred; or approving as properly filed a petition seeking reorganization of is proposed to be reduced or payment should be levied upon or attached under process against Tenant; , not satisfied or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of dissolved within thirty (30) days.days after written notice from Landlord to Tenant to obtain satisfaction thereof. Upon the occurrence of any of the aforesaid events of Default, without further notice or demand of Tenant in any instance, Landlord shall have the option to pursue any one or more of the following remedies:

Appears in 1 contract

Sources: Lease Agreement (Advanced Technical Products Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease: (i) If 18.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant while Tenant is in default of any obligation under this Lease; 18.2 The failure by Tenant to pay make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) business days after Landlord’s delivery of written notice from Landlord to Tenant that such Rent or other sum said payment is past due; provided. Tenant agrees that any such written notice delivered by Landlord shall, howeverto the fullest extent permitted by law, serve as the statutorily required notice under applicable law provided that such notice shall be is served in lieu of, and not in addition to, any notice required under Section 1161 of the accordance with California Code of Civil Procedure regarding unlawful detainer actionsSection 1162; (ii) If 18.3 The failure by Tenant fails to execute and deliver to Landlordobserve, within ten (10) days after Landlord's written request thereforperform or comply with any of the conditions, any subordination documentation required under Paragraph 27, covenants or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition provisions of this Lease (except as provided in Paragraphs 26.A.(ifailure to make any payment of Rent and/or Additional Rent) or and such failure is not cured within (iii) above, and Tenant fails to cure such breach within thirty (30) days after of the date on which Landlord delivers written notice from of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof) or (b) the timely delivery by Tenant of an SNDA, a counterpart of a fully executed Transfer document and a consent thereto (collectively, the “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) fifteen (15) days of the date on which Landlord where delivers written notice of such breach could failure to Tenant for all failures in any way related to Hazardous Materials and (iii) the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance. However, Tenant shall not be in default of its obligations hereunder if such failure (other than any failure of Tenant to timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which an additional cure period of three (3) business days shall be given to Tenant) cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) 30)- day period, that and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion;, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than ninety (90) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or (iv) If 18.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential ’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occurs’s assets or this leasehold, and Tenant fails to obtain any court entering a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant’s assets, Tenant taking any action toward the dissolution or winding up of Tenant’s affairs, the cessation or suspension of Tenant’s use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold.

Appears in 1 contract

Sources: Lease Agreement (Linkedin Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse. 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required hereunder on the date said payment is due; 20.3 The failure by Tenant to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent observe, perform or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, comply with any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlordconditions, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, covenants or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition provisions of this Lease (except as provided in Paragraphs 26.A.(ifailure to make any payment of Rent and/or Additional Rent) or and such failure is not cured within (iii) above, and Tenant fails to cure such breach within thirty (30) days after of the date on which Landlord delivers written notice from of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 29 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement, an assignment or sublease agreement, an estoppel certificate and insurance certificates, (ii) ten (10) business days of the date on which Landlord where delivers written notice of such breach could failure to Tenant for all failures in any way related to Hazardous Materials or Tenant failing to timely make the repairs, maintenance or replacements required by Section 11.1, and (iii) the time period specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance. However, Tenant shall not be in default of its obligations hereunder if such failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1, or timely deliver a subordination, non-disturbance and attornment agreement, an assignment or sublease agreement, an estoppel certificate or insurance certificates, for which no additional cure period shall be given to Tenant) cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) business day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than sixty (60) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about any portion of the Premises or the Park other than as expressly permitted by the provisions of Section 29 below; or 20.6 The intentional making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.

Appears in 1 contract

Sources: Lease Agreement (Exodus Communications Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs:. (i) If Tenant fails to pay pay, within five (5) days after written notice from Landlord, any Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, howeverincluding, that such notice shall be in lieu of, and not in addition towithout limitation, any notice required Tenant Improvement Costs payable by Tenant under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;EXHIBIT B; or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within withint thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion;; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Tenant's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If Tenant abandons the Premises; or (vi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days. (vii) If, at any time that Landlord or its Affiliate is also the owner of the premises leased by Tenant under that certain Lease between ▇▇▇▇▇▇/Campus Associates No. 2, L.P. and Tenant dated February 5, 1997, as amended by that certain First Amendment to Lease dated December 3, 1997 (the "575-595 Broadway Lease"), Tenant is in default under the ▇▇▇-▇▇▇ ▇▇▇▇▇▇▇▇ Lease beyond any applicable notice and cure period.

Appears in 1 contract

Sources: Sublease (Realnames Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any of the following occursshall be an "Event of Default" (sometimes referred to herein as a "default") by Tenant and a material breach of this Lease: (i1) If Tenant fails shall fail to pay Rent or make any other sum required to be paid hereunder payment owed by Tenant under this Lease, as and when due due, and Tenant fails to cure such breach failure is not cured within five three (53) days after Tenant receives written notice from Landlord specifying such failure; (2) Tenant shall fail to observe, keep or perform any of the terms, covenants, agreements or conditions under this Lease that such Rent Tenant is obligated to observer or perform, other sum is past duethan that described in subsection (1) above, for a period of thirty (30) days after Tenant receives written notice from Landlord of said failure; provided, however, that if the nature of Tenant's default is such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within that more than thirty (30) days after written notice from Landlord where such breach could are reasonably be cured within such thirty (30) day period; providedrequired for its cure, however, that where such failure could not reasonably be cured within the thirty (30) day period, that then Tenant shall not be deemed to be in default under this Lease if it commences Tenant shall commence the cure of such performance default within the said thirty (30) day period and diligently thereafter prosecutes prosecute the same to completion; completion within such time period as is reasonably needed; (iv3) If Tenant assigns its assets shall (i) make any general arrangement or assignment for the benefit of its creditors; ; (vii) If become a "debtor" as defined in 11 U.S.C. Section 101 or any successor statute thereto (unless, in case of a petition filed against Tenant, the sequestration same is dismissed within 60 days); (iii) suffer the appointment of a trustee or attachment receiver to take possession of or execution on any material part substantially all of Tenant's Personal Property essential to assets located at the conduct Premises or of Tenant's business occursinterest in this Lease, and where possession is not restored to Tenant fails within 30 days; or (iv) suffer the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within 30 days. However, in the event that any provision of this subparagraph is contrary to obtain a return any applicable law, such provision shall be of no force or release of such Personal Property within thirty effect; or (304) days thereafterTenant shall abandon the Premises at any time during the Lease Term, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned vacate the Premises and failed for an extended period while failing to pay Rent when due; or (vii) If a court makes rent or enters any decree or order perform other than obligations under the bankruptcy laws Lease, or provide a reasonable level of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssecurity.

Appears in 1 contract

Sources: Lease Agreement (Logic Devices Inc)

Tenant’s Default. A At the option of Landlord, a default under this Lease by Tenant shall ---------------- exist if any of the following occurs:events shall occur (each is called an "Event of Default"): (ia) If Tenant fails to pay the Rent or any other sum required to be paid hereunder payable hereunder, as and when due and Tenant fails to cure such breach within five due, for a period of three (53) days after written notice from Landlord that such Rent or other sum is past dueNotice by Landlord; provided, however, that such notice the Notice given hereunder shall be in lieu of, and not in addition to, any notice required under Section 1161 1161, et seq., of the California Code of Civil Procedure regarding unlawful detainer actionsProcedure; (iib) If Tenant fails attempts to execute and deliver make or suffers to Landlordbe made any transfer, within ten (10) days after Landlord's written request thereforassignment or subletting, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(iArticle XIV hereof; (c) Any of Tenant's rights under this Lease are sold or otherwise transferred by or under court order or legal process or otherwise or if any of the actions described in Section 15.2 are taken by or against Tenant or any Guarantor; (iid) above, and The Premises are used for any purpose other than as permitted pursuant to Article V; (e) Tenant vacates or abandons the Premises; (f) Any representation or warranty given by Tenant under or in connection with this Lease proves to be materially false or misleading; (g) Tenant fails to timely comply with the provisions of Article VI ("Hazardous Materials"), Article XIV ("Assignment and Subletting"), Article XVI ("Subordination; Estoppel Certificate; Financials"), Section 21.5 ("Modifications for Mortgagees") or Section 21.19 ("Authority"); or (h) Tenant fails to observe, keep, perform or cure such breach within thirty twenty (3020) days after written notice from Notice by Landlord where any of the other terms, covenants, agreements or conditions contained in this Lease or those set forth in any other agreements or rules or regulations which Tenant is obligated to observe or perform. In the event such breach default reasonably could reasonably not be cured or corrected within such thirty twenty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (3020) day period, that but is reasonably susceptible to cure or correction, then Tenant shall not be in default hereunder if it Tenant commences the cure or correction of such performance default within the thirty such twenty (3020) day period and diligently thereafter prosecutes the same to completion; (ivcompletion after commencing such cure or correction. The Notice required by this subparagraph 15.1(h) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursshall be in lieu of, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafternot in addition to, or prior to sale pursuant to such sequestrationany notice required under Section 1161, attachment or levyet seq., whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging California Code of Civil Procedure. Notices given under this Section 15.1 shall specify the alleged default and shall demand that Tenant to be insolvent; perform the provisions of this Lease or approving pay the Rent that is in arrears, as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.case may be,

Appears in 1 contract

Sources: Standard Form Lease (Craig Jenny Inc /De)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after from the date of Landlord's written notice from Landlord to Tenant (which notice shall constitute the notice required under California Code of Civil Procedure Section 1161) that such Rent or other sum is past due; provided, howeverincluding, that such notice shall be in lieu of, and not in addition towithout limitation, any notice required Excess Costs payable by Tenant under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;Exhibit C; or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion;; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Tenant's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If Tenant vacates or abandons the Premises; or (vi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days; or (vii) If, at any time that Landlord is also the owner of the premises leased by Tenant under the Building 1 Lease and/or the Building 2 Lease, Tenant is in default under the Building 1 Lease and/or the Building 2 Lease, as applicable, beyond any applicable notice and cure period.

Appears in 1 contract

Sources: Lease Agreement (Excite Inc)

Tenant’s Default. A default under this Lease by Tenant shall exist ---------------- exist if any of the following occurs: (i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after from the date of Landlord's written notice from Landlord to Tenant (which notice shall constitute the notice required under California Code of Civil Procedure Section 1161) that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion;; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Tenant's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If Tenant vacates or abandons the Premises; or (vi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.

Appears in 1 contract

Sources: Lease (Supportsoft Inc)

Tenant’s Default. A default under this Lease by Tenant shall exist ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five ten (510) days after written notice from Landlord that such Rent or other sum is past of the date due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as those requiring the payment of money and except for those obligations for which default thereof is separately provided for in Paragraphs 26.A.(i) or (ii) aboveother subparagraphs of this paragraph 25.A., and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance cure within the thirty (30) day period and thereafter diligently thereafter prosecutes the same to completion;, which completion shall occur not later than ninety (90) days from the date of receipt of written notice from Landlord; or (iii) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraph 29 or 26 or 36, respectively; or (iv) An assignment or attempted assignment of this Lease by Tenant contrary to the provisions of Paragraph 24, or a sublease or attempted sublease of the Premises by Tenant contrary to the provision of Paragraph 24; or (v) If Tenant assigns its assets for the benefit of its creditors;; or (vvi) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If Tenant fails to continuously or uninterruptedly conduct its business in the Premises, or shall have abandoned or vacated the Premises; provided, however, Tenant shall not be in default hereunder pursuant to the provisions of this Paragraph 25A(vii) if Tenant ceases conducting its business in the Premises or vacates the Premises for no more than sixty (60) consecutive or non-consecutive days during the Term of this Lease; or (viii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Lease (Hiway Technologies Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease: (i) If 18.1 The abandonment of the Premises by Tenant; 18.2 The failure by Tenant fails to pay make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) business days after Landlord’s delivery of written notice from Landlord to Tenant that such Rent or other sum said payment is past due; provided. Tenant agrees that any such written notice delivered by Landlord shall, howeverto the fullest extent permitted by law, that serve as the statutorily required notice under applicable law. In addition to the foregoing, Tenant agrees to notice and service of notice as provided for in this Lease; 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent and any other payment required hereunder) and such failure is not cured within (i) thirty (30) days of the date on which Landlord delivers written notice shall be of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in lieu ofSection 27 hereof), (b) Tenant making the repairs, maintenance and not in addition to, any notice replacements required under the provisions of Section 1161 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an “SNDA”), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the California Code of Civil Procedure regarding unlawful detainer actions; “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's of the date on which Landlord delivers written request therefornotice of such failure to Tenant for all failures in any way related to Hazardous Materials or Tenant falling to timely make the repairs, any subordination documentation maintenance or replacements required under Paragraph 27by Section 11.1, or any estoppel certificate required under Paragraph 31; and (iii) If Tenant fails to perform any other termthe time period, covenant or condition if any, specified in the applicable sections of this Lease except as provided with respect to subordination, assignment and sublease, estoppel certificates and insurance. However, Tenant shall not be in Paragraphs 26.A.(idefault of its obligations hereunder if such failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1, or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period shall be given to Tenant) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion;, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than sixty (60) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or (iv) If 18.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential ’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occurs’s assets or this leasehold, and Tenant fails to obtain a return Tenant’s insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant’s debts or failure generally to pay Tenant’s debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant’s assets, Tenant taking any action toward the dissolution or winding up of Tenant’s affairs, the cessation or suspension of Tenant’s use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold.

Appears in 1 contract

Sources: Lease Agreement (Nuance Communications)

Tenant’s Default. A default “Default” under this Lease by Tenant shall ---------------- exist if any of the following occurs:occurs (taking into account the expiration of the notice and cure periods provided for below): (i) 24.1.1 If Tenant fails to pay Base Rent, Additional Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past payment was due; , but was not paid as of the due date (provided, however, that if Landlord has delivered two (2) such notice shall be in lieu of, and not in addition tonotices to Tenant within the prior twelve (12) month period, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails subsequent failure to execute and deliver to Landlordpay Base Rent, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, Additional Rent or any estoppel certificate other sum required under Paragraph 31;to be paid to Landlord hereunder on or before the due date for such payment occurring shall constitute a Default by Tenant without requirement of such five (5) day notice and opportunity to cure, but in the event a full year elapses between such failures then Tenant shall again have the right to such cure period), or (iii) 24.1.2 If Tenant fails to perform any other term, covenant or condition of this Lease except those requiring the payment of money to Landlord as provided set forth in Paragraphs 26.A.(i) or (ii) Section 24.11 above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; , provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default Default if it commences such performance within the thirty (30) day period promptly after its receipt of Landlord’s written notice and diligently thereafter prosecutes the same to completion; , provided that no such grace period to be permitted in the event of any one or more of the following: (i) the Default relates to the maintenance of insurance obligations, (ii) the Default relates to the assignment and subletting provisions, (iii) the Default relates to a violation of Section 5.2 of this Lease, (iv) If the Default is of a nature as set forth in Section 24.1.3, in which event the periods set forth therein shall control, or Section 24.1.4, in which event there shall be no applicable cure period, or (v) there exists a reasonable possibility of danger to the health or safety of the Landlord, the Tenant, Tenant’s invitees, or any other occupants of, or visitors to, the Building, or 24.1.3 lf Tenant assigns its assets shall (i) make an assignment for the benefit of its creditors; , (ii) acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (iii) seek, consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant and of all or substantially all of Tenant’s property, (iv) file a petition seeking an order for relief under the Bankruptcy Code, as now or hereafter amended or supplemented, or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (v) If fail to win the sequestration dismissal, discontinuation or attachment vacating of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property involuntary bankruptcy proceeding within thirty sixty (3060) days thereafterafter such proceeding is initiated, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier;or (vi) 24.1.4 If Tenant shall have abandoned the Premises and failed to pay Rent when due; or or any material (viii.e., in excess of 70%) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysportion thereof.

Appears in 1 contract

Sources: Assignment Agreement (ICF International, Inc.)

Tenant’s Default. A The occurrence of any one or more of the following events ---------------- shall, at Landlord's option, constitute a default under and breach of this Lease by Tenant shall ---------------- exist if any Tenant: 20.1 The abandonment of the following occurs: Premises by Tenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse; provided, however, notwithstanding the foregoing Tenant may leave the Premises vacant so long as (i) If Tenant fails fully insures or otherwise pays for any loss or damage thereto and (ii) all insurance policies carried by Landlord with respect to pay the Building are not invalidated, in whole or in part, nor would such insurance policies be caused to otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) days after the receipt of written notice from Landlord that such Rent or other sum said payment is past due; provided, howeverLandlord shall only be required to give Tenant such written notice twice during any twelve (12) month period and, that after the giving of such notices to Tenant, the failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder on the date said payment is due shall constitute a default and breach of this Lease by Tenant. Tenant agrees to notice shall be and service of notice as provided for in lieu ofthis Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other than with respect to Hazardous Materials, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivers written notice from Landlord where of such breach could failure to Tenant for all failures in any way related to Hazardous Materials. However, Tenant shall not be in default of its obligations hereunder if such failure cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than sixty (60) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain Tenant's insolvency , any court entering a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or 20.6 The intentional making of any material misrepresentation or omission by Tenant in any financial information or materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.

Appears in 1 contract

Sources: Lease Agreement (Shoe Pavilion Inc)

Tenant’s Default. A default “Default” under this Lease by Tenant shall ---------------- exist if any of the following occurs:occurs (taking into account the expiration of the notice and cure periods provided for below): (i) 24.1.1 If Tenant fails to pay Base Rent, Additional Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five ten (510) days after written notice from Landlord that such Rent or other sum is past payment was due; , but was not paid as of the due date (provided, however, that if Landlord has delivered two (2) such notice shall be in lieu of, and not in addition tonotices to Tenant within the prior twelve (12) month period, any notice subsequent failure to pay Base Rent, Additional Rent or any other sum required under Section 1161 to be paid to Landlord hereunder on or before the due date for such payment occurring shall constitute a Default by Tenant without requirement of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within such ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;day notice and opportunity to cure; but in the event a full year elapses between such failures then Tenant shall again have the right to such cure period); or (iii) 24.1.2 If Tenant fails to perform any other term, covenant or condition of this Lease except those requiring the payment of money to Landlord as provided set forth in Paragraphs 26.A.(i) or (ii) Section 24.1.1 above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not Deed of Lease Alliance Home Funding, LLC Page 27 of 63 reasonably be cured within the thirty (30) day period, that Tenant shall not be in default Default if it commences such performance within the thirty (30) day period promptly after its receipt of Landlord’s written notice and diligently thereafter prosecutes the same to completion;; provided that no such grace period to be permitted in the event of any one or more of the following: (A) the Default relates to the maintenance of insurance obligations, (B) the Default relates to the assignment and subletting provisions, (C) the Default relates to a violation of Section 5.2 of this Lease, (D) the Default is of a nature as set forth in Section 24.1.3, in which event the periods set forth therein shall control, or Section 24.1.4, in which event there shall be no applicable cure period, or (E) there exists a reasonable possibility of danger to the health or safety of the Landlord, the Tenant, Tenant’s invitees, or any other occupants of, or visitors to, the Building; or (iv) 24.1.3 If Tenant assigns its assets shall (A) make an assignment for the benefit of its creditors; , (vB) If acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (C) seek, consent to or acquiesce in the sequestration appointment of any trustee, receiver or attachment liquidator of Tenant and of all or execution on any material part substantially all of Tenant's Personal Property essential to the conduct of Tenant's business occurs’s property, and Tenant fails to obtain a return or release of such Personal Property within thirty (30D) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed file a petition seeking reorganization an order for relief under the Bankruptcy Code, as now or hereafter amended or supplemented, or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (E) fail to win the dismissal, discontinuation or vacating of Tenantany involuntary bankruptcy proceeding within sixty (60) days after such proceeding is initiated; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.or

Appears in 1 contract

Sources: Deed of Lease (Alliance Bankshares Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 23.1.1. If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) business days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;except as provided in Section 23.1.5 of this Lease; or (iii) 23.1.2. If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty fifteen (3015) days after written notice from Landlord where such breach could reasonably be cured within such thirty fifteen (3015) day period; , provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be in default if it commences such performance within the thirty fifteen (3015) day period and diligently thereafter prosecutes the same to completion;; or (iv) If Tenant assigns its assets 23.1.3. If, to the extent permitted by applicable law, there shall be filed by or against Tenant, in any court pursuant to any statute either of the United States or any state, a petition in bankruptcy or insolvency or for the benefit of its creditors; (v) If the sequestration or attachment reorganization of or execution on for the appointment of a receiver, trustee or liquidator for all or any material part portion of the assets of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property and, within thirty (30) days thereafter, Tenant fails to secure a discharge thereof, or prior if the Tenant makes an assignment for the benefit of creditors, or if the Tenant admits in writing its or their inability to sale pursuant to such sequestration, attachment pay its or levy, whichever is earlier;their debts; or (vi) 23.1.4. If Tenant shall have abandoned fail to take possession of and/or occupy the Premises and failed to pay Rent when due; or within the thirty (vii30) If a court makes days following the Lease Commencement Date or enters any decree or order other than under if Tenant shall vacate the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued Premises for a period of thirty fifteen (3015) days.days or more (without giving Landlord notice of such vacancy) at any time following the Lease Commencement Date; or

Appears in 1 contract

Sources: Lease (Vialog Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any of the following occursshall constitute a default by Tenant under this Lease: (ia) If Tenant fails Tenant's failure to pay when due any Rent or any other sum required to be paid hereunder when due and Tenant fails under this Lease if the failure continues for three (3) days after written notice of the failure from Landlord to cure such breach within Tenant; (b) Tenant's failure to provide any instrument or assurance as required by section 21.2 or estoppel certificate as required by section 20.1 if the failure continues for five (5) days after written notice of the failure from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actionsto Tenant; (iic) If Tenant fails to execute and deliver to Landlord, within ten (10) days after LandlordTenant's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails failure to perform any other term, covenant or condition of obligation under this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within if the failure continues for thirty (30) days after written notice of the failure from Landlord where such breach could reasonably be cured within such thirty (30) day periodto Tenant; provided, however, that where such failure could however if the default is of the type which cannot reasonably be cured within the thirty (30) day perioddays, that then Tenant shall not be have such longer time as is reasonably necessary provided Tenant commences to cure within ten (10) days after receipt of written notice from Landlord and diligently prosecutes such cure to completion. (d) Tenant's abandonment of the Premises, without the payment of Rent including Tenant's absence from the Premises for three (3) consecutive days (excluding Saturdays, Sundays, and California legal holidays) while in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completionof any provision of this Lease; (ive) If To the extent permitted by law: (1) A general assignment by Tenant assigns its assets or any guarantor of the Lease for the benefit of its creditors; (v2) If The filing by or against Tenant, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in the sequestration case of an involuntary proceeding) the proceeding is dismissed within sixty (60) days; (3) The appointment of a trustee or attachment receiver to take possession of all or execution on substantially all the assets of Tenant or any material part of Tenant's Personal Property essential guarantor, unless possession is unconditionally restored to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property that guarantor within thirty (30) days thereafter, and the trusteeship or prior to sale pursuant to such sequestration, attachment or levy, whichever receivership is earlierdissolved; (vi4) If Any execution or other judicially authorized seizure of all or substantially all the assets of Tenant shall have abandoned located on the Premises and failed to pay Rent when due; or (vii) If a court makes Premises, or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of 's interest in this Lease, unless that seizure is discharged within thirty (30) days; (f) The committing of waste on the Premises; or (g) Tenant's failure to occupy the Premises within ten (10) business days after the Premises are ready for occupancy.

Appears in 1 contract

Sources: Lease (Spectranetics Corp)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease: (i) If 18.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse; 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) business days after Landlord’s delivery of written notice from Landlord to Tenant that such Rent or other sum said payment is past due; provided. Tenant agrees that any such written notice delivered by Landlord shall, howeverto the fullest extent permitted by law, that serve as the statutorily required notice under applicable law. In addition to the foregoing, Tenant agrees to notice and service of notice as provided for in this Lease. 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent and any other payment required hereunder) and such failure is not cured within (i) thirty (30) days of the date on which Landlord delivers written notice shall be of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in lieu ofSection 27 hereof), (b) Tenant making the repairs, maintenance and not in addition to, any notice replacements required under the provisions of Section 1161 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an “SNDA”), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the California Code of Civil Procedure regarding unlawful detainer actions; “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's of the date on which Landlord delivers written request therefornotice of such failure to Tenant for all failures in any way related to Hazardous Materials or Tenant failing to timely make the repairs, any subordination documentation maintenance or replacements required under Paragraph 27by Section 11.1, or any estoppel certificate required under Paragraph 31; and (iii) If Tenant fails to perform any other termthe time period, covenant or condition if any, specified in the applicable sections of this Lease except as provided with respect to subordination, assignment and sublease, estoppel certificates and insurance. However, Tenant shall not be in Paragraphs 26.A.(idefault of its obligations hereunder if such failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1, or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period shall be given to Tenant) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion;, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than ninety (90) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or (iv) If 18.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential ’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occurs’s assets or this leasehold, and Tenant fails to obtain a return Tenant’s insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenants debts or failure generally to pay Tenant’s debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant’s assets, Tenant taking any action toward the dissolution or winding up of Tenant’s affairs, the cessation or suspension of Tenant’s use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold.

Appears in 1 contract

Sources: Lease Agreement (Alphasmart Inc)

Tenant’s Default. A default under (a) If at any time subsequent to the date of this Lease by Tenant shall ---------------- exist if any one or more of the following occursevents (herein called an “Event of Default”) shall occur: (i) If Tenant fails shall fail to pay the fixed rent, Additional Rent or any other sum required to be paid hereunder when charges for which provision is made herein on or before the date on which the same become due and payable, and the same continues for five (5) business days after notice specifying such failure from Landlord thereof; or (ii) Landlord having rightfully given the notice specified in subdivision (i) above twice in any calendar year with respect to any payments of Annual Fixed Rent, Operating Expenses Allocable to the Premises, Landlord’s Tax Expenses Allocable to the Premises, electricity charges or similar regular recurring payments of Additional Rent due from Tenant fails under this Lease and Tenant shall thereafter in the same calendar year fail to cure such breach pay the Annual Fixed Rent, Operating Expenses Allocable to the Premises, Landlord’s Tax Expenses Allocable to the Premises, electricity charges or similar regular recurring payments of Additional Rent on or before the date on which the same become due and payable; or (iii) Tenant shall assign its interest in this Lease or sublet any portion of the Premises in violation of the requirements of Sections 5.6 through 5.6.5 of this Lease, if not terminated and fully reversed to Landlord’s reasonable satisfaction within five (5) business days after written notice from Landlord that specifying such Rent violation; or (iv) Tenant shall fail to maintain the general liability insurance required under this Lease, or other sum is past due; providedTenant shall employ labor or contractors within the Premises which interfere with Landlord’s Work, however, that such notice shall be in lieu ofviolation of Exhibit B-1, and not in addition to, any the same continues for five (5) business days after notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;specifying such failure from Landlord to Tenant thereof; or (iiv) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, shall neglect or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails fail to perform or observe any other term, covenant herein contained on Tenant’s part to be performed or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, observed and Tenant fails shall fail to cure such breach remedy the same within thirty (30) days after written notice from Landlord where to Tenant specifying such breach could neglect or failure, or if such failure is of such a nature that Tenant cannot reasonably be cured remedy the same within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes fail to commence promptly to remedy the same and to completion; (iv) If Tenant assigns its assets for the benefit of its creditors; (v) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential prosecute such remedy to the conduct of Tenant's business occurs, completion with diligence and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier;continuity; or (vi) If Tenant shall have abandoned Tenant’s leasehold interest in the Premises shall be taken on execution or by other process of law directed against Tenant, and failed to pay Rent when duesuch taking or other process of law is not vacated, dismissed, stayed, removed, discharged or the like within ten (10) business days; or (vii) If Tenant shall make an assignment for the benefit of creditors or shall file a court makes voluntary petition in bankruptcy or enters shall be adjudicated bankrupt or insolvent, or shall file any decree petition or order answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other than statute, law or regulation for the relief of debtors, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of all or any substantial part of its properties, or shall admit in writing its inability to pay its debts generally as they become due; or (viii) A petition shall be filed against Tenant in bankruptcy or under the bankruptcy laws any other law seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any present or future Federal, State or other statute, law or regulation and shall remain undismissed or unstayed or unvacated, for an aggregate of sixty (60) days (whether or not consecutive), or if any debtor in possession (whether or not Tenant) trustee, receiver or liquidator of Tenant or of all or any substantial part of its properties or of the United States adjudging Tenant to Premises shall be insolvent; appointed without the consent or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation acquiescence of Tenant and such decree appointment shall remain undismissed or order unvacated or unstayed for an aggregate of sixty (60) days (whether or not consecutive) then, and in any of said cases (notwithstanding any license of a former breach of covenant or waiver of the benefit hereof or consent in a former instance). Landlord lawfully may, immediately or at any time thereafter, and without demand or further notice terminate this Lease by notice to Tenant, specifying a date not less than ten (10) days after the giving of such notice on which this Lease shall terminate, and this Lease shall come to an end on the date specified therein as fully and completely as if such date were the date herein originally fixed for the expiration of the Lease Term (Tenant hereby waiving any rights of redemption), and Tenant will then quit and surrender the Premises to Landlord, but Tenant shall remain liable as hereinafter provided. (b) If this Lease shall have continued been terminated as provided in this Article, then Landlord may, without notice, re- enter the Premises, either by force, summary proceedings, ejectment or otherwise, and remove and dispossess Tenant and all other persons and any and all property from the same, as if this Lease had not been made, and Tenant hereby waives the service of notice of intention to re-enter or to institute legal proceedings to that end. (c) In the event that this Lease is terminated under any of the provisions contained in Section 7.1 (a) or shall be otherwise terminated by breach of any obligation of Tenant, Tenant covenants and agrees forthwith to pay and be liable for, on the days originally fixed herein for the payment thereof, amounts equal to the several installments of rent and other charges reserved as they would, under the terms of this Lease, become due if this Lease had not been terminated or if Landlord had not entered or re-entered, as aforesaid, and whether the Premises be relet or remain vacant, in whole or in part, or for a period less than the remainder of thirty the Term, and for the whole thereof, but in the event the Premises be relet by Landlord, Tenant shall be entitled to a credit in the net amount of rent and other charges received by Landlord in reletting, after deduction of all expenses incurred in reletting the Premises (30including, without limitation, remodeling costs, brokerage fees and the like), and in collecting the rent in connection therewith, in the following manner: Amounts received by Landlord after reletting shall first be applied against such Landlord’s expenses permitted under this Article 7, until the same are recovered, and until such recovery, Tenant shall pay, as of each day when a payment would fall due under this Lease, the amount which Tenant is obligated to pay under the terms of this Lease (Tenant’s liability prior to any such reletting and such recovery not in any way to be diminished as a result of the fact that such reletting might be for a rent higher than the rent provided for in this Lease); when and if such expenses have been completely recovered, the amounts received from reletting by Landlord as have not previously been applied shall be credited against Tenant’s obligations as of each day when a payment would fall due under this Lease, and only the net amount, if any, thereof shall be payable by Tenant. Further, amounts received by Landlord from such reletting for any period shall be credited only against obligations of Tenant allocable to such period, and shall not be credited against obligations of Tenant hereunder accruing subsequent or prior to such period; nor shall any credit of any kind be due for any period after the date when the term of this Lease is scheduled to expire according to its terms. Landlord agrees to use reasonable efforts to relet the Premises after Tenant vacates the same in the event this Lease is terminated based upon an Event of Default by Tenant hereunder. The marketing of the Premises in a manner similar to the manner in which Landlord markets other premises within Landlord’s control within the Building shall be deemed to have satisfied Landlord’s obligation to use “reasonable efforts” hereunder. In no event shall Landlord be required to (i) dayssolicit or entertain negotiations with any other prospective tenant for the Premises until Landlord obtains full and complete possession of the Premises (including, without limitation, the final and unappealable legal right to relet the Premises free of any claim of Tenant), (ii) relet the Premises before leasing other vacant space in the Building, or (iii) lease the Premises for a rental less than the current fair market rent then prevailing for similar office space in the Building. (d) (i) In the alternative, Landlord may elect, by notice given to Tenant at any time after such termination and whether or not Landlord shall have collected any damages under subsection (c) above, but as liquidated, final damages and in lieu of all other damages beyond the date of such notice, to require Tenant to pay such a sum as at the time of the giving of such notice represents the amount of the excess, if any, of (a) the discounted present value, at a discount rate of 6% per annum, of the total rent and other charges which would have been payable by Tenant under this Lease from the date of such notice for what would be the then unexpired Lease Term if the Lease terms had been fully complied with by Tenant over and above (b) the discounted present value, at a discount rate of 6% per annum, of the total rent and other charges that would be received by Landlord if the Premises were re-leased at the time of such notice for the remainder of the Lease Term at the fair market value (including provisions regarding periodic increases in rent if such are applicable) prevailing at the time of such notice as reasonably determined by Landlord, plus all expenses which Landlord may have incurred with respect to the collection of such damages.

Appears in 1 contract

Sources: Lease Agreement (Lionbridge Technologies Inc /De/)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after of the date said payment is due. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to observe, perform, or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) fifteen (15) calendar days of the date on which Landlord delivers written notice from Landlord that of such Rent or failure to Tenant for all failures other sum is past due; provided, however, that such notice shall be in lieu ofthan with respect to Hazardous Materials, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) calendar days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivers written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where of such failure could not reasonably be cured within the thirty (30) day periodto Tenant for all failures in any way related to Hazardous Materials. However, that Tenant shall not be in default of its obligations hereunder if it commences such performance failure cannot reasonably be cured within the thirty such fifteen (3015) or ten (10) calendar day period period, as applicable, and Tenant promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than sixty (60) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failures; (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential to creditors seeking the conduct of Tenant's business occursrehabilitation, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafterliquidation, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.under any law relating to bankruptcy,

Appears in 1 contract

Sources: Lease Agreement (Phase Metrics Inc)

Tenant’s Default. A default under At the option of Landlord, a material breach of this Lease by Tenant shall ---------------- exist if any of the following occurs: events (severally, "Event of Default"; collectively, "Events of Default") shall occur: (i) If it Tenant fails shall have failed to pay Rent Rent, including Tenant's Percentage Share of Operating expenses, or any other sum required to be paid hereunder when due, together with interest at the Interest Rate, from the date the amount became due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past duethrough the date of payment, inclusive; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If it Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails shall have failed to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails shall have failed to cure such the breach within thirty fifteen (3015) days after written notice from Landlord where such if the breach could reasonably be cured within such thirty the fifteen (3015) day period; provided, however, that where such it the failure could not reasonably be cured within the thirty fifteen (3015) day period, that then Tenant shall not be in default unless it has failed to promptly commence and thereafter continue to make diligent and reasonable efforts to cure the failure as soon as practicable as reasonably determined by Landlord; (iii) if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns shall have assigned its assets for the benefit of its creditors; ; (viv) If if the sequestration or of, attachment of of, or execution on on, any material part of Tenant's Personal Property the property of Tenant or on any property essential to the conduct of Tenant's business occursshall have occurred, and Tenant fails shall have failed to obtain a return or release of such Personal Property the property within thirty (30) days thereafter, or prior to sale pursuant to such any sequestration, attachment or levy, whichever is earlier; ; (v) if Tenant shall have failed to continuously and uninterruptedly conduct its business in the Premises, or shall have abandoned or vacated the Premises; (vi) If Tenant if a court shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes made or enters entered any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; , or approving as properly filed a petition seeking reorganization of Tenant; Tenant or directing the winding up or liquidation of Tenant Tenant, and such the decree or order shall have continued for a period of thirty (30) days; (vii) if Tenant shall make or suffer any transfer which constitutes a fraudulent or otherwise avoidable transfer under any provision of the federal Bankruptcy Laws or any applicable state law: or (viii) if Tenant shall have failed to comply with the provisions of Section 23 or 25. An Event of Default shall constitute a default under this Lease.

Appears in 1 contract

Sources: Sub Sublease (Computer Literacy Inc)

Tenant’s Default. A default under (a) If at any time subsequent to the date of this Lease by Tenant shall ---------------- exist if any one or more of the following occursevents (herein referred to as an “Event of Default”) shall occur: (i) If Tenant fails shall fail to pay Rent the Basic Rent, Expense Charges or any other sum required to be paid Additional Rent hereunder when due and such failure shall continue for five (5) Business Days after written notice to Tenant fails from Landlord (except that such written notice shall only be required twice (i.e. two separate failures) in any twelve (12) month period, with any subsequent failure to cure pay such breach sums constituting an Event of Default unless paid within five (5) days Business Days after the date due without need for an additional written notice from Landlord that such Rent or other sum is past duenotice); provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, shall neglect or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails fail to perform or observe any other term, covenant herein contained on Tenant’s part to be performed or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, observed and Tenant fails shall fail to cure such breach remedy the same within thirty (30) days after written notice from Landlord where to Tenant (or such breach could shorter period for completing a cure for such default as may be required by applicable Laws or by virtue of an Emergency) specifying such neglect or failure, or if such failure is of such a nature that Tenant cannot reasonably be cured remedy the same within such thirty (30) day period; provided, however, that where Tenant shall fail to commence promptly (and in any event within such failure could not reasonably be cured within the thirty (30) day period) to remedy the same and thereafter to diligently prosecute such remedy to completion with diligence and continuity (and in any event, within ninety (90) days after the notice described in this subparagraph (ii)), provided that (x) in no event shall Tenant shall have such additional period of time that would (A) subject Landlord or any ACTIVE/91437610.6 Superior Lessor or any Superior Mortgagee to prosecution for a crime or any other fine or charge, or (B) subject the Property, or any part thereof, to any lien or encumbrance which is not be in default if it commences such performance removed or bonded within the thirty time period required under this Lease, and (30y) day period and diligently thereafter prosecutes such written notice shall only be required twice in any twelve (12) month period, with any of the same to completion;subsequent performance default constituting an Event of Default unless cured within the period required under this Lease without need for an additional written notice); or (iii) Tenant’s leasehold interest in the Premises shall be taken on execution or by other process of law directed against Tenant; or (iv) If Tenant assigns its assets or any guarantor of this Lease shall (i) make an assignment for the benefit of its creditors;, (ii) acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (iii) seek, consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of any guarantor of this Lease or of all or any part of Tenant’s or such guarantor’s property, (iv) file a petition seeking an order for relief under the Title 11 of the United States Code, as now or hereafter amended or supplemented (the “Bankruptcy Code”), or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (v) fail to win the dismissal, discontinuation or vacating of any involuntary bankruptcy proceeding filed under the Bankruptcy Code, or under any other present or future federal, state or other statute or law for the same or similar relief, within ninety (90) days after such proceeding is initiated; or (v) If Any lien has been filed against the sequestration Property, or attachment any portion thereof, as a result of work performed by or execution on behalf of Tenant (other than any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurswork performed for Tenant by Landlord or its employees, agents or contractors), and Tenant fails fails, within 30 days after the lien is filed, either (1) to obtain a return or release of such Personal Property within thirty (30) days thereaftercause said lien to be removed from the Property, or prior (2) to sale pursuant furnish a bond sufficient to remove the lien or cause a title insurance endorsement to be issued with respect to such sequestrationlien, attachment or levywhich endorsement shall be satisfactory, whichever is earlier;in form and substance to Landlord, in Landlord’s sole and absolute discretion; or (vi) If Tenant’s interest in the Premises shall be transferred without Landlord prior written consent, if so required, in violation of Article 6 hereof, and Tenant shall have abandoned fail to remedy the Premises and failed same within fifteen (15) days after written notice to pay Rent when dueTenant specifying such violation; or (vii) If a court makes then in any such case Landlord may exercise any of Landlord’s rights or enters any decree remedies available under this Lease, at law or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysin equity.

Appears in 1 contract

Sources: Lease (Proteostasis Therapeutics, Inc.)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 18.1 The abandonment of the Premises by Tenant fails or the vacation of the Premises by Tenant which would cause any insurance policy to pay be invalidated or otherwise lapse; 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five three (53) business days after Landlord's delivery of written notice from Landlord to Tenant that such Rent or other sum said payment is past due; provided. Tenant agrees that any such written notice delivered by Landlord shall, howeverto the fullest extent permitted by law, serve as the statutorily required notice under applicable law provided that such notice shall be is served in lieu of, and not in addition to, any notice required under Section 1161 of the accordance with California Code of Civil Procedure regarding unlawful detainer actionsSection 1162; 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) fifteen (15) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof) or (b) the timely delivery by Tenant of an SNDA, a counterpart of a fully executed Transfer document and a consent thereto (collectively, the "Transfer Documents"), an estoppel certificate and insurance certificates, (ii) If Tenant fails to execute and deliver to Landlord, within ten fifteen (1015) days after Landlord's of the date on which Landlord delivers written request therefor, notice of such failure to Tenant for all failures in any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; way related to Hazardous Materials and (iii) If Tenant fails to perform any other termthe time period, covenant or condition if any, specified in the applicable sections of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovewith respect to subordination, assignment and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; providedsublease, howeverestoppel certificates and insurance. However, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default of its obligations hereunder if it commences such performance failure (other than any failure of Tenant to timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which an additional cure period of three (3) business days shall be given to Tenant) cannot reasonably be cured within the thirty such fifteen (3015) day period "day" period, and Tenant promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion;, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than sixty (60) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or (iv) If 18.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain any court entering a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) dayssubstantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold.

Appears in 1 contract

Sources: Lease Agreement (Loudcloud Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord's option, constitute a material default by Tenant of the provisions of this Lease: (i) If 20.1 The abandonment of the Premises by Tenant fails to pay Rent or the vacation of the Premises by Tenant which would cause any other sum required insurance policy to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent invalidated or other sum is past dueotherwise lapse; provided, however, that such notice shall be in lieu ofnotwithstanding the foregoing, Tenant may leave the Premises vacant so long as (i) Tenant fully insures or otherwise pays for any loss or damage thereto, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If all insurance policies carried by Landlord with respect to the Building are not invalidated, in whole or in part, nor would such insurance policies be caused to otherwise lapse. Tenant fails agrees to execute notice and deliver service of notice as provided for in this Lease and waives any right to Landlordany other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder within three (3) business days after Tenant's receipt of written notice that said payment is due. Tenant agrees that such written notice by Landlord shall serve as the statutorily required notice under the Law (including, without limitation, any unlawful detainer statutes) and Tenant further agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other than with respect to Hazardous Materials, and (ii) ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) above, and Tenant fails to cure such breach within thirty (30) days after the date on which Landlord delivers written notice from Landlord where of such breach could failure to Tenant for all failures in any way related to Hazardous Materials. However, Tenant shall not be in default of its obligations hereunder if such failure cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty or ten (3010) day period, that as applicable, and Tenant shall not be in default if it commences such performance within the thirty (30) day period promptly commences, and thereafter diligently thereafter prosecutes the proceeds with same to completion, all actions necessary to cure such failure as soon as is reasonably possible, but in no event shall the completion of such cure be later than sixty (60) days after the date on which Landlord delivers to Tenant written notice of such failure, unless Landlord, acting reasonably and in good faith, otherwise expressly agrees in writing to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; (iv) If 20.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occursassets or this leasehold, and Tenant fails to obtain a return Tenant's insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant's debts or failure generally to pay Tenant's debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant or of substantially all of Tenant's assets, Tenant taking any action toward the dissolution or winding up of Tenant's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets or this leasehold; 20.5 Tenant's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or 20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease and such decree or order shall have continued for a period of thirty (30) daysknowingly made.

Appears in 1 contract

Sources: Lease Agreement (Ditech Corp)

Tenant’s Default. A The occurrence of any one or more of the following events shall constitute a default under and breach of this Lease by Tenant shall ---------------- exist if any of the following occursTenant: (i1) If The abandonment or vacation of the Premises by Tenant fails (failure to pay occupy and operate the Premises for sixty (60) consecutive days shall be deemed an abandonment). (2) The failure by Tenant to make any payment of Base Rent or any other sum payment required to be paid made by Tenant hereunder as and when due and Tenant fails to cure due, where such breach within failure shall continue for a period of five (5) days after written notice from Landlord that such Rent the due date. (3) Tenant's failure to observe or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, perform any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlordcovenants, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27conditions, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition provisions of this Lease except to be observed or performed by Tenant, other than as provided described in Paragraphs 26.A.(i) or subparagraph (iib) above, and Tenant fails to cure where such breach within failure shall continue for a period of thirty (30) days after written notice from thereof by Landlord where such breach could reasonably be cured within such thirty (30) day periodto Tenant; provided, however, that where if the nature of Tenant's default is such failure could not that more than twenty (20) days are reasonably be cured within the thirty (30) day periodrequired for its cure, that then Tenant shall not be deemed to be in default if it Tenant commences such performance cure within the said thirty (30) day 30)-day period and thereafter diligently thereafter prosecutes the same such cure to completion;. (iv4) If The making by Tenant assigns its assets of any general assignment or general arrangement for the benefit of its creditors;, or the appointment of a trustee or a receiver to take possession (v5) If The filing of any voluntary petition in bankruptcy by Tenant, or the sequestration or attachment filing of or execution on any material part of involuntary petition by Tenant's Personal Property essential to the conduct of Tenant's business occurscreditors, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a which involuntary petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued remains undischarged for a period of thirty (30) days. In the event that under applicable law the trustee in bankruptcy or Tenant has the right to affirm this Lease and perform the obligations of Tenant hereunder, such trustee or Tenant shall, in such time period as may be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant hereunder outstanding as of the date of the affirmance of this Lease, and provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant's obligation under this Lease. (6) Without the prior written consent of Landlord, which shall not be unreasonably withheld, selling, leasing, assigning, encumbering, hypothecating, transferring, or otherwise disposing of all or substantially all of the Tenant's assets.

Appears in 1 contract

Sources: Net Lease Agreement (Financial Pacific Insurance Group Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 23.1.1. If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) business days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;except as provided in Section 23.1.5 of this Lease; or (iii) 23.1.2. If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty fifteen (3015) days after written notice from Landlord where such breach could reasonably be cured within such thirty fifteen (3015) day period; , provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be in default if it commences such performance within the thirty fifteen (3015) day period and diligently thereafter prosecutes the same to completion;; or (iv) If Tenant assigns its assets 23.1.3. If, to the extent permitted by applicable law, there shall be filed by or against Tenant, in any court pursuant to any statute either of the United States or any state, a petition in bankruptcy or insolvency or for the benefit of its creditors; (v) If the sequestration or attachment reorganization of or execution on for the appointment of a receiver, trustee or liquidator for all or any material part portion of the assets of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property and, within thirty (30) days thereafter, Tenant fails to secure a discharge thereof, or prior if the Tenant makes an assignment for the benefit of creditors, or if the Tenant admits in writing its or their inability to sale pursuant to such sequestration, attachment pay its or levy, whichever is earlier;their debts; or (vi) 23.1.4. If Tenant shall have abandoned fail to take possession of and/or occupy the Premises and failed to pay Rent when due; or within the thirty (vii30) If a court makes days following the Lease Commencement Date or enters any decree or order other than under if Tenant shall vacate the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued Premises for a period of thirty fifteen (3015) daysdays or more (without giving Landlord notice of such vacancy) at any time following the Lease Commencement Date; or 23.1.5. The chronic delinquency by Tenant in the payment of monthly Rent, or any other periodic payments required to be paid by Tenant under this Lease, shall constitute a default. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease within three (3) days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a chronic delinquency, at Landlords' option, Landlord shall have the additional right to require that Rent be paid by Tenant quarter-annually, in advance.

Appears in 1 contract

Sources: Lease (Call Points Inc)

Tenant’s Default. A default under This Lease and the term of this Lease by are subject to the limitation that Tenant shall ---------------- exist if be in default if, at any time during the Lease Term, any one or more of the following occursevents (herein called an “Event of Default” a “default of Tenant” or similar reference) shall occur and not be cured prior to the expiration of the grace period (if any) herein provided, as follows: (i) If a. Tenant fails shall fail to pay any installment of the Annual Fixed Rent, or any Additional Rent or any other sum required to be paid hereunder when monetary amount due under this Lease on or before the date on which the same becomes due and Tenant fails to cure payable, and such breach within failure continues for five (5) business days after written notice from Landlord that such thereof; or b. Landlord having rightfully given the written notice specified in (a) above to Tenant twice in any twelve (12) month period, Tenant shall fail thereafter to pay the Annual Fixed Rent, Additional Rent or any other sum is past duemonetary amount due under this Lease on or before the date on which the same becomes due and payable; providedor c. Tenant shall assign its interest in this Lease or sublet any portion of the Premises in violation of the requirements of Article XII of this Lease and the same continues for fifteen (15) business days after written notice from Landlord thereof; or d. Tenant shall fail to perform or observe some term or condition of this Lease which, howeverbecause of its character, that would immediately jeopardize Landlord’s interest (such notice shall be as, but without limitation, failure to maintain general liability insurance, or the employment of labor and contractors within the Premises which interfere with Landlord’s work, in lieu ofviolation of Sections 9.3, 11.2 or 11.10 or Exhibit B 1 or a failure to observe the requirements of Section 11.2), and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; such failure continues for three (ii) If Tenant fails to execute and deliver to Landlord, within ten (103) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31;notice from Landlord to Tenant thereof; or (iii) If e. Tenant fails shall fail to perform or observe any other requirement, term, covenant or condition of this Lease except as provided (not hereinabove in Paragraphs 26.A.(ithis Section 15.1 specifically referred to) on the part of Tenant to be performed or observed and such failure shall continue for thirty (ii30) abovedays after notice thereof from Landlord to Tenant, and or if said default shall reasonably require longer than thirty (30) days to cure, if Tenant fails shall fail to commence to cure such breach said default within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within thereof and/or fail to continuously prosecute the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes curing of the same to completion;completion with due diligence; or f. The estate hereby created shall be taken on execution or by other process of law and shall remain undismissed or unstayed for ninety (iv90) If days; or g. Tenant assigns its assets shall make an assignment or trust mortgage arrangement, so-called, for the benefit of its creditors;; or (v) If the sequestration h. Tenant shall judicially be declared bankrupt or attachment insolvent according to law; or i. a receiver, guardian, conservator, trustee in involuntary bankruptcy or other similar officer is appointed to take charge of all or execution on any material substantial part of Tenant's Personal Property essential to the conduct ’s property by a court of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when duecompetent jurisdiction; or (vii) If a court makes j. any petition shall be filed against Tenant in any court, whether or enters not pursuant to any decree or order other than under the bankruptcy laws statute of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; any State, in any bankruptcy, reorganization, composition, extension, arrangement or directing the winding up or liquidation of Tenant insolvency proceeding, and such decree proceedings shall not be fully and finally dismissed within sixty (60) days after the institution of the same; or k. Tenant shall file any petition in any court, whether or order shall have continued for not pursuant to any statute of the United States or any State, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceeding; or l. Tenant otherwise abandons or vacates the Premises and leaves the same in an unsafe condition or in a period manner that detracts from the first class appearance of thirty the Building (30) daysand taking into consideration that Tenant is not actively operating business in the Premises).

Appears in 1 contract

Sources: Lease Agreement (X4 Pharmaceuticals, Inc)

Tenant’s Default. A default under At the option of Landlord, a material breach of this Lease by Tenant shall ---------------- exist if any of the following occurs: events (severally, "Event of Default"; collectively, "Events of Default") shall occur: (i) If if Tenant fails shall have failed to pay Rent Rent, including Tenant's Percentage Share of Operating Expenses, or any other sum required to be paid hereunder when due and Tenant fails to cure such breach failure is not cured within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such (which notice shall may be in lieu of, and not in addition to, any the form of a statutory notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; to pay rent or quit); (ii) If if Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails shall have failed to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails shall have failed to cure such the breach within thirty fifteen (3015) days after written notice from Landlord where such if the breach could reasonably be cured within such thirty the fifteen (3015) day period; provided, however, that where such if the failure could not reasonably be cured within the thirty fifteen (3015) day period, that then Tenant shall not be in default unless it has failed to promptly commence and thereafter continue to make diligent and reasonable efforts to cure the failure as soon as practicable as reasonably determined by Landlord; (iii) if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iv) If Tenant assigns shall have assigned its assets for the benefit of its creditors; ; (viv) If if the sequestration or of, attachment of of, or execution on on, any material part of Tenant's Personal Property the property of Tenant or on any property essential to the conduct of Tenant's business occursshall have occurred, and Tenant fails shall have failed to obtain a return or release of such Personal Property the property within thirty (30) days thereafter, or prior to sale pursuant to such any sequestration, attachment or levy, whichever is earlier; ; (viv) If if Tenant shall have abandoned the Premises and failed to pay Rent when dueRent; or (viivi) If if a court makes shall have made or enters entered any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; , or approving as properly filed a petition seeking reorganization of Tenant; , or directing the winding up or liquidation of Tenant Tenant, and such the decree or order shall have continued for a period of thirty (30) days; (vii) if Tenant shall make or suffer any transfer which constitutes a fraudulent or otherwise avoidable transfer under any provision of the federal Bankruptcy laws or any applicable state law; or (viii) if Tenant shall have failed to comply with the provisions of Section 23 or 25. An Event of Default shall constitute a default under this Lease.

Appears in 1 contract

Sources: Lease (Pc Tel Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if The occurrence of any one or more of the following occursevents shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease: 18.1 The abandonment (ias statutorily defined) If of the Premises by Tenant. Tenant fails agrees to pay notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect; 18.2 The failure by Tenant to make any payment of Base Rent, Additional Rent or any other sum payment required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) business days after receipt of Landlord's ’s written request therefornotice to Tenant that said payment is past due. Tenant agrees that any such written notice delivered by Landlord, any subordination documentation to the Lease Agreement dated December 16, 2002. fullest extent permitted by law, shall serve as the statutorily required notice under Paragraph 27applicable law. In addition to the foregoing, or any estoppel certificate required under Paragraph 31Tenant agrees to notice and service of notice as provided for in this Lease; (iii) If 18.3 The failure by Tenant fails to observe, perform or comply with any other termof the conditions, covenant covenants or condition provisions of this Lease (except as provided in Paragraphs 26.A.(ifailure to make any payment of Rent and/or Additional Rent) or and such failure is not cured within (iii) above, and Tenant fails to cure such breach within thirty (30) days after receipt of Landlord’s written notice from Landlord where or such breach could reasonably failure to Tenant; provided, if the failure complained of is a failure other than one which may be cured by the payment of money, no default on the part of Tenant in the performance of work required to be performed or acts to be done or conditions to be met shall be deemed to exist if, within such the aforesaid thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that steps shall have been in good faith commenced promptly by Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes to rectify the same and shall be prosecuted to completioncompletion with diligence and continuity; (iv) If 18.4 The making of a general assignment by Tenant assigns its assets for the benefit of its creditors; (v) If , the sequestration filing of a voluntary petition by Tenant or attachment the filing of or execution on an involuntary petition by any material part of Tenant's Personal Property essential ’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the conduct case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's business occurs’s assets or this leasehold, and Tenant fails to obtain a return Tenant’s insolvency or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed inability to pay Rent Tenant’s debts or failure generally to pay Tenant’s debts when due; or (vii) If , any court entering a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.substantially all of Tenant’s assets. Tenant taking any action toward the dissolution or winding up of Tenant’s affairs, the cessation or suspension of Tenant’s use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;

Appears in 1 contract

Sources: Lease Agreement (Renegy Holdings, Inc.)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions;or (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty fifteen (3015) days after written notice from Landlord where such breach could reasonably be cured within such thirty fifteen (3015) day period; provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be in default if it commences such performance cure within the thirty fifteen (3015) day period and thereafter diligently thereafter prosecutes the same to completion;, which completion shall occur not later than sixty (60) days from the date of receipt of written notice from Landlord; or (iviii) If Tenant assigns its assets for the benefit of its creditors;; or (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (viiv) If Tenant fails to continuously or uninterruptedly conduct its business in the Premises, or shall have abandoned or vacated the Premises; or (vi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.

Appears in 1 contract

Sources: Multi Tenant Lease Agreement (Tvia Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after receipt of written notice from Landlord that such Rent or other sum is past due; provided, however, that such notice shall be in lieu of, and not in addition to, any the notice required under pursuant to Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; (ii) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27, or any estoppel certificate required under Paragraph 31; (iii) If Tenant fails to perform any other term, covenant or condition of this Lease except as provided in Paragraphs 26.A.(i) or (ii) abovethose requiring the payment of money, and Tenant fails to cure such breach within thirty (30) days after written notice from Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; (iviii) If Tenant assigns its assets for the benefit of its creditors; (viv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty sixty (3060) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (viv) If Tenant fails to continuously or uninterruptedly conduct its business in the Premises, or shall have abandoned or vacated the Premises and failed to pay Rent when duePremises; or (viivi) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.

Appears in 1 contract

Sources: Lease (Storage Dimensions Inc)

Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following occurs: (i) 24.1.1 If Tenant fails to pay Rent Rent, additional rent or any other sum required to be paid hereunder when due and Tenant fails to cure such breach within five (5) days after written notice from Landlord that such Rent or other sum is past payment was due; , but was not paid as of the due date (provided, however, that if Landlord has delivered two (2) such notice shall be notices to Tenant in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions; twelve (ii12) If Tenant fails to execute and deliver to Landlord, within ten (10) days after Landlord's written request therefor, any subordination documentation required under Paragraph 27month period, or four (4) such notices over the Term of this Lease, whichever first occurs, then any estoppel certificate subsequent failure to pay Base Rent, additional rent or any other sum required under Paragraph 31;to be paid to Landlord hereunder on or before the due date for such payment shall constitute a default by Tenant without requirement of such five (5) day notice and opportunity to cure); or (iii) 24.1.2 If Tenant fails to perform any other term, covenant or condition of this Lease except those requiring the payment of money to Landlord as provided set forth in Paragraphs 26.A.(i) or (ii) Section 24.1.1 above, and Tenant fails to cure such breach within thirty fifteen (3015) days after written notice from Landlord where such breach could reasonably be cured within such thirty fifteen (3015) day period; provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be considered in default if it commences such performance within the thirty fifteen (3015) day period and diligently thereafter prosecutes the same to completion;, such grace period not to exceed a maximum of sixty (60) days in the aggregate. If any provisions of this Lease calls for a shorter or different grace period than that set forth above, then such other provision shall control over this provision. The foregoing notice and cure period notwithstanding, Landlord may exercise its self-help rights hereunder (i.e., Landlord's right to perform any obligation of Tenant which Tenant has failed to perform hereunder) without any prior notice or upon such shorter notice as may be reasonable under the circumstances in the event of any one or more of the following circumstances is present: (i) there exists a reasonable risk of prosecution of the Landlord unless such obligation is performed sooner than the stated cure period, (ii) there exists an imminent possibility of danger to the health or safety of the Landlord, the Tenant, Tenant's invitees, or any other occupants of, or visitors to, the Building, unless such obligation is performed sooner than the stated cure period, and/or (iii) the Tenant has failed to obtain insurance required by this Lease, or such insurance has been canceled by the insurer without being timely replaced by Tenant, as required herein. (iv) 24.1.3 If Tenant assigns its assets shall (i) make an assignment for the benefit of its creditors; , (vii) If acquiesce in a petition in any court in any bankruptcy, reorganization, composition, extension or insolvency proceedings, (iii) seek, consent to or acquiesce in the sequestration appointment of any trustee, receiver or attachment liquidator of Tenant and of all or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occursproperty, and Tenant fails to obtain a return or release of such Personal Property within thirty (30iv) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; (vi) If Tenant shall have abandoned the Premises and failed to pay Rent when due; or (vii) If a court makes or enters any decree or order other than under the bankruptcy laws of the United States adjudging Tenant to be insolvent; or approving as properly filed file a petition seeking reorganization an order for relief under the Bankruptcy Code, as now or hereafter amended or supplemented, or by filing any petition under any other present or future federal, state or other statute or law for the same or similar relief, or (v) fail to win the dismissal, discontinuation or vacating of Tenant; or directing the winding up or liquidation of Tenant and any involuntary bankruptcy proceeding within sixty (60) days after such decree or order shall have continued for a period of thirty (30) daysproceeding is initiated.

Appears in 1 contract

Sources: Lease (Arbor National Holdings Inc)