Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("Default"): (a) The abandonment of the Premises by Tenant; (b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due; (c) A general assignment by Tenant for the benefit of creditors; (d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40; (g) 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; (h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above; (i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and (j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (MMC Networks Inc)
Tenant’s Default. The occurrence of any one anyone or more of the following events shall constitute an event “Event of default on the part Default” and a breach of Tenant ("Default"):this Lease by ▇▇▇▇▇▇:
(a) The vacating or abandonment of the Premises by Tenant;Tenant for more than three (3) days without the prior written consent of Landlord.
(b) Failure The failure by Tenant to pay make any installment payment of Rent or another payment required to any other monies due and payable be made by Tenant hereunder, said if and when due, where such failure continuing shall continue for a period of 10 calendar five (5) business days after the same written notice thereof is due;sent by Landlord to Tenant.
(c) A The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by the Tenant, other than described in Section 27(b) above, where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of Tenant’s default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion.
(d) The making by Tenant of any general assignment by Tenant or general arrangement for the benefit of creditors;
(d) The ; or the filing by or against Tenant of a voluntary petition to have Tenant adjudged bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of same is dismissed within sixty (60) days;
), or the appointment of a trustee or a receiver to take a possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (e30) Receivership, days; or the attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), where such seizure is not discharged within thirty (i30) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingdays.
Appears in 1 contract
Sources: Retail Lease Agreement
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default on this Lease by Tenant: (i) Tenant’s failure to pay any rent including additional rent or any other payment due under this Lease within ten (10) days following Landlord’s notice of nonpayment, (ii) the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
; (biii) Failure Tenant’s failure to pay any installment of Rent or to observe and perform any other monies due and payable hereunderrequired provision of this Lease, said where such failure continuing continues for a period of 10 calendar thirty (30) days after written notice from Landlord, provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same is due;
to completion; (civ) A Tenant’s making of any general assignment by Tenant for the benefit of creditors;
; (dv) The the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); (vi) the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of where possession is not restored to Tenant within sixty (60) days;
; (evii) Receivership, the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets on located at the PremisesPremises or of Tenant’s interest in this Lease, where such attachment or other seizure remaining undismissed or undischarged for a period of is not discharged within sixty (60) days after the levy thereof;
days; (fviii) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 a default under this subparagraph unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure the Building 1 Lease (if then leased by Tenant to pay Rentfrom Landlord), or any other payments required to be paid (ix) a default by Tenant under this the Building 3 Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid if leased by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(bfrom Landlord), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Sublease (Guidewire Software, Inc.)
Tenant’s Default. The occurrence of any one Each of the following events shall constitute an event be deemed a “Tenant’s Default” by Tenant hereunder and a material breach of default on the part of Tenant ("Default"):this Lease:
(a) The abandonment of the Premises by Tenant;
(b) Failure If Tenant fails to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after rent on the date upon which the same is due;due to be paid and such default continues for ten (10) days after Tenant receives written notice specifying such default.
(b) If Tenant fails to keep, perform or observe any of the covenants, agreements, terms or provisions contained in this Lease that are to be kept or performed by Tenant other than with respect to payment of rent or other liquidated sums of money and Tenant fails to commence and take such steps as are necessary to remedy the same within thirty (30) days after Tenant receives written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy the same.
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of If an involuntary petition by is filed against Tenant under any bankruptcy or insolvency law or under the reorganization provisions of any law of like import or if a receiver of Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of all or substantially all of the property of Tenant's assets on the Premises, is appointed without acquiescence, and such attachment petition or other seizure remaining undismissed appointment is not discharged or undischarged for a period of stayed within sixty (60) days after the levy thereof;happening of such event.
(d) If Tenant makes an assignment of its property for the benefit of creditors or files a voluntary petition under any bankruptcy or insolvency law, or seeks relief under any other law for the benefit of debtors.
(e) The leasehold hereunder demised shall be taken by execution or other process of law in any action against Tenant.
(f) Failure Except for a valid termination of this Lease by Tenant pursuant to execute and deliver any provision hereunder including, without limitation, the provisions of Section 2.2 above, Tenant otherwise notifies Landlord, at any time prior to Landlord any estoppel certificatethe Delivery of the Premises, subordination agreementthat Tenant does not intend to take occupancy of the Premises upon the Delivery of the Premises, or lease amendment within Tenant shall fail to promptly move into and take possession of the time periods and in Premises when the manner required by Paragraph 30 or 31 or 40;Premises are ready for occupancy.
(g) An assignment Tenant shall become insolvent or subleaseunable to pay its debts as they become due, 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided notifies Landlord in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require writing that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingit anticipates either condition.
Appears in 1 contract
Sources: Lease Agreement
Tenant’s Default. The Notwithstanding any of the other provisions of this Lease, the occurrence of any one or more of the following events shall constitute an event a default and breach of default on the part of Tenant ("Default"):this Lease by Tenant:
(a) A. The vacating or abandonment of the Leased Premises by Tenant;.
(b) Failure B. The failure by Tenant to pay make any installment payment of Rent rent, additional rent or to any other monies due and payable payment required to be made by Tenant hereunder, said or failure continuing to perform any other obligation which can be satisfied with the payment of money, as and when due, where such failure shall continue for a period of 10 calendar five (5) days after written notice thereof by Landlord to Tenant.
C. The failure by Tenant to observe or perform any of the same covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in Paragraph B above, where such failure shall continue for a period of twenty (20) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of Tenant’s default is due;such that more than twenty (20) days are necessarily required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said twenty (20) day period and thereafter diligently prosecutes such cure to completion.
(c) A D. The making by Tenant of any general assignment by Tenant or general arrangement for the benefit of creditors;
(d) The ; or the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt, or a petition of reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of same is dismissed within sixty (60) days;
); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant’s assets located at the Leased Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant within thirty (e30) Receivership, days; or the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets on located at the Premises, such attachment Leased Premises or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided ’s interest in this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), where such seizure is not discharged within thirty (i30) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingdays.
Appears in 1 contract
Sources: Lease Agreement
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default on this Lease by Tenant: a) Any failure by Tenant to pay the part of rental or to make any other payment required to be made by Tenant hereunder, where such failure continues for ten ("Default"):
(a10) days after written notice thereof by Landlord to Tenant; b) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(; c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the same is dismissed after the filing within thirty (30) days); the appointment of a voluntary petition for an arrangement, the filing trustee or receiver to take possession of a petition, voluntary or involuntary, for reorganization, or the filing substantially all of an involuntary petition by Tenant's creditorsassets located at the Premises or of Tenant's interest in this Lease, said involuntary petition remaining undischarged for a period of where possession is not restored to Tenant within sixty (60) days;
(e) Receivership, ; or the attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Sublease (Hybrid Networks Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of a default on the part of by Tenant ("Default"):under this Lease:
(a) The abandonment Tenant's failure to pay when due any Rent required to be paid under this Lease if the failure continues for three (3) days after written notice of the Premises by failure from Landlord to Tenant;
(b) Failure Tenant's failure to pay provide any installment of Rent instrument or to any other monies due and payable hereunder, said assurance as required by section 21.2 or estoppel certificate as required by section 20.1 if the failure continuing continues for a period of 10 calendar five (5) days after written notice of the same is duefailure from Landlord to Tenant;
(c) Tenant's failure to perform any other obligation under this Lease if the failure continues for thirty days after written notice of the failure from Landlord to Tenant; or such longer reasonable period necessary to cure such 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;
(d2) The filing of a voluntary petition in bankruptcy by or against Tenant, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing case of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of proceeding) the proceeding is dismissed within sixty (60) days;
(e3) ReceivershipThe appointment of a trustee or receiver to take possession of all or substantially all the assets of Tenant or any guarantor, attachment, unless possession is unconditionally restored to Tenant or that guarantor within thirty (30) days and the trusteeship or receivership is dissolved;
(4) Any execution or other judicial judicially authorized seizure of all or substantially all the assets of Tenant's assets Tenant located on the Premises, such attachment or other of Tenant's interest in this Lease, unless that seizure remaining undismissed or undischarged for a period of sixty is discharged within thirty (6030) days after the levy thereofdays;
(f) Failure The committing of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within waste on the time periods and in the manner required by Paragraph 30 or 31 or 40;Premises; or
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or Tenant's failure to occupy 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar business 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof Premises are ready for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingoccupancy.
Appears in 1 contract
Sources: Office Lease (Quokka Sports Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of this Lease by Tenant: a) Any failure by Tenant to pay the rental or to make any other payment required to be made by Tenant hereunder, provided, however, that Tenant may cure such default on by payment to Landlord of the part Base Monthly Rent or other sum due within ten (10) days after receipt by Tenant of Tenant ("Default"):
(awritten notice specifying Landlord has failed to receive the amount in question; b) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(Premises; c) A failure by Tenant to observe and perform any other material provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of where possession is not restored to Tenant within sixty (60) days;
(e) Receivership, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets on located at the PremisesPremises or of Tenant’s interest in this Lease, where such attachment or other seizure remaining undismissed or undischarged for a period of is not discharged within sixty (60) days after days; or e) Tenant materially defaults under the levy thereof;
(f) Failure terms 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph dated September 24, unless such assignment or sublease is expressly conditioned upon 2001 between Tenant having received Landlord's consent thereto;
and Landlord for the adjacent building at 3410 Central Expressway (h) Failure “3410 Lease”). The notice requirements set forth herein are in lieu of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (Xenoport Inc)
Tenant’s Default. The occurrence of If Tenant shall fail to comply with any one of the term, provision or agreement hereunder in this Exhibit B, and if any such failure is not cured within fifteen (15) days following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The abandonment of the Premises by written notice to Tenant;
(b) Failure to pay any installment of Rent or , then, in addition to any other monies due remedies granted Landlord under the Lease in the case of default by T▇▇▇▇▇ and payable hereunderany remedies provided for elsewhere in this Exhibit B or available at law or equity, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Landlord may elect, upon notice to Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;to:
(i) Failure discontinue all work hereunder, and T▇▇▇▇▇’s obligation to pay rent shall commence as of the Scheduled Commencement Date set forth in the performance Lease, without any abatement on account of any delay in connection with any work relating to the Premises; or
(ii) complete the construction of the Landlord’s Work pursuant to the Plans as approved by Landlord and Tenant or complete any work which Landlord and Tenant have agreed to in writing, tendering possession to Tenant upon substantial completion thereof, the date of such tender being deemed to be the Commencement Date under the Lease, and charge Tenant for the additional costs of completing any other work, the plans and specifications for which have not been agreed to by Landlord and Tenant, but which Landlord, in its reasonable discretion, deems necessary for the completion of the Premises; or
(iii) cancel the Lease, effective immediately after T▇▇▇▇▇ receives notice thereof, without incurring any liability on account thereof and the term granted under the Lease is expressly limited accordingly. If Landlord cancels the Lease pursuant to the terms hereof or as a result of Tenant's covenants’s default under the Lease, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 cancellation shall not be in default under this subparagraph unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof affect Tenant’s liability for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingsums payable hereunder.
Appears in 1 contract
Tenant’s Default. The occurrence Tenant’s failure to perform any of its obligations under this Lease when due and in the manner required shall constitute a material breach and default (“Event of Default”) of this Lease by Tenant, subject to any one of cure period(s) permitted or available under applicable laws or statutes. In addition, the following events shall constitute an event also be deemed Events of default on the part of Tenant ("Default"):Default hereunder:
(a) The Tenant’s abandonment of the Premises by TenantPremises;
(b) Failure to pay any installment of Rent material misrepresentation or to omission herein or in any financial statements or other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is duematerials provided by Tenant or any Guarantor in connection with negotiating or entering this Lease or in connection with any Transfer under Article 17;
(c) A general assignment cancellation of any guaranty of this Lease by Tenant for the benefit of creditorsany Guarantor;
(d) failure by Tenant to cure within any applicable times permitted thereunder any default under any other lease for space in the Complex or any other buildings owned or managed by Landlord or its affiliates now or hereafter entered by Tenant; and any Default hereunder not cured within the times permitted for cure herein shall, at Landlord’s election, constitute a default under any other such lease or leases;
(e) The filing levy of a voluntary petition in bankruptcy by writ of attachment or execution on this Lease or on any of Tenant’s property;
(f) Tenant’s or any Guarantor’s general assignment for the benefit of creditors or arrangement, the composition, extension, or adjustment with its creditors;
(g) Tenant’s or any Guarantor’s filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganizationrelief, or the filing of an involuntary a petition against Tenant or any Guarantor in a proceeding under the Federal Bankruptcy laws or other insolvency laws which is not withdrawn or dismissed within forty-five (45) days thereafter; or, under the provisions of any law providing for reorganization or winding up of corporations, the assumption by Tenant's creditorsany court of competent jurisdiction of jurisdiction, said involuntary petition remaining undischarged custody, or control of Tenant or any substantial part of its property, or of any Guarantor, where such jurisdiction, custody, or control remains in force unrelinquished, unstayed, or unterminated for a period of sixty forty five (6045) days;
(eh) ReceivershipIn any proceeding or action in which Tenant is a party, attachmentthe appointment of a trustee, receiver, agent, or other judicial seizure custodian to take charge of substantially all the Premises or Tenant’s Property for the purpose of enforcing a lien against the Premises or Tenant's assets on ’s Property; or
(i) If Tenant or any Guarantor is a partnership or consists of more than one (1) person or entity, the Premises, such attachment involvement of any partner of the partnership or other seizure remaining undismissed person or undischarged entity in any of the acts or events described in subsections (i) through (l) above. Notwithstanding anything to the contrary herein, an Event of Default shall not be deemed to have occurred if Tenant fails to perform any covenant of this Lease other than its obligation timely to pay the Rent, unless such failure continues after Landlord’s delivery of written notice for a period of sixty thirty (6030) days after or such longer time as may reasonably be required to cure the levy thereof;
(f) Failure of Tenant to execute and deliver to Landlord any estoppel certificatedefault, subordination agreement, or lease amendment within the time periods and provided in the manner required by Paragraph 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by latter case that Tenant contrary to the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from Landlord to Tenant provided that, if Tenant has exercised reasonable diligence immediately begins to cure such failure nonmonetary default and such failure cannot be cured within such ten (10) day period despite reasonable diligence. Tenant shall not be in default under this subparagraph unless Tenant fails thereafter diligently and continuously to prosecute the prosecutes such cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;.
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of or this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes continues for ten (10) calendar days after written notice thereof from Landlord to Tenant provided that, 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquencydelinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Tenant’s Default. The occurrence If Tenant defaults in the payment of any one of the following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent rent or to any other monies sums due and payable hereunderto Landlord under this Lease, said failure continuing and such default continues for a period of 10 calendar days after the same is due;
five (c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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 (605) days after the levy thereof;
(f) Failure written notice of Tenant such default has been given by Landlord to execute and deliver to Landlord any estoppel certificate, subordination agreementTenant, or lease amendment within the time periods and in the manner required by Paragraph 30 if Tenant shall violate or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure default in the performance of any of Tenant's material covenants, agreements agreements, stipulations, or obligations hereunder other conditions contained herein (except those failures specified as events other than the payment of Default in rent and other Paragraphs sums payable under this Lease) and such violation or default continues for a period of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten thirty (1030) calendar days after written notice thereof from of such violation or default has been given by Landlord to Tenant provided that(or, in the case of default not curable within thirty (30) days, if Tenant has exercised reasonable diligence shall fail to commence to cure the same within thirty (30) days and thereafter proceed diligently to complete the cure thereof), then Landlord at its option may reenter and repossess the Demised Premises with process of law, and declare this Lease terminated and the term of this Lease ended forthwith. Landlord may use such failure legal force as may be necessary to remove all persons and property then located in the Demised Premises. Notwithstanding such failure cannot be cured within reentry and repossession by Landlord and the holding of such ten (10) day period despite reasonable diligence. fixtures, inventory, or other personal property, the liability of Tenant for the payment of the rent and other sums due hereunder and for the performance of Tenant's other obligations hereunder for the balance of the term of this Lease shall not be in default under this subparagraph unless Tenant fails thereafter diligently relinquished or extinguished; and continuously Landlord at any time may commence such one or more actions as it may deem necessary to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or collect any other periodic payments required to be paid by sums due from Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided in this Lease, at Landlord's optionany such reentry and repossession, Landlord shall have the right to require that Rent be paid by relet all or any portion of the Demised Premises upon such terms and conditions as Landlord may deem appropriate; and any such reletting shall not relieve Tenant quarterlyof any of its obligations to Landlord under this Lease, in advance. Tenant agrees that except to the extent of any notice given net rentals actually received by Landlord pursuant from such reletting. after deducting all of Landlord's expenses (including but not limited to Paragraph 25(b)legal expenses, (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161brokerage commissions, and Landlord shall not be required the costs of remodeling the Demised Premises so as to give any additional notice render it suitable for reletting) incurred in order to be entitled to commence an unlawful detainer proceedingpreparing for and accomplishing such reletting.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event a default and breach of default on the part of Tenant ("Default"):this Lease by Tenant.
(a1) The abandonment Tenant vacates or abandons the Premises;
(2) Tenant fails to make any payment of the Premises rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three days after written notice thereof by Landlord to Tenant;
(b3) Failure Tenant fails to pay observe or perform any installment of Rent the covenants, conditions, or provisions of this Lease to any be observed or performed by Tenant, other monies due and payable hereunderthan described in subparagraph 21(2) above, said where such failure continuing shall continue for a period of 10 calendar 30 days after written notice thereof by Landlord to Tenant; provided, however, that if the same nature of Tenant's default is duesuch that more than 30 days are reasonably required by such cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said 30 days and thereafter diligently prosecutes such cure to completion;
(c4) A Tenant makes any general assignment by Tenant or general arrangement for the benefit of creditors;
(d) The creditors or the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupts, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed within 60 days) or the appointment of a voluntary petition for an arrangementtrustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within 30 days or the filing of an involuntary petition by Tenant's creditorsattachment, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachmentexecution, 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default interests in other Paragraphs of this Paragraph 25, which shall be governed by Lease where such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from Landlord to Tenant provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure canseizure is not be cured discharged within such ten (10) day period despite reasonable diligence. Tenant shall not be in default under this subparagraph unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and30 days:
(j5) Chronic delinquency by Tenant makes or has made or furnishes or has furnished any warranty, representation or statement to Landlord in the payment of Rentconnection with this Lease, or any other periodic payments required agreement to be paid by which Tenant under this Lease. "Chronic Delinquency" shall mean failure by and Landlord are parties, which is or was false or misleading in any material respect when made or furnished;
(6) Tenant to pay Renttransfers any substantial portion of its assets or incures any material obligation, unless such transfer or obligation is incurred in the ordinary course of Tenant's business or in good faith for fair equivalent consideration, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to with Landlord's other remedies prior written consent;
(7) Tenant fails to take possession of the Premises when Landlord delivers the same by notifying Tenant that the Premises are ready 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. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingoccupancy.
Appears in 1 contract
Sources: Sublease (Coinstar Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of a default on the part of by Tenant ("Default"):
under this Lease: (a) The Tenant’s failure to pay when due any Rent required to be paid under this Lease if the failure continues for three (3) days after written notice of the failure from Landlord to Tenant; (b) Tenant’s failure to provide any instrument or assurance as required by section 20.2 or estoppel certificate as required by section 19.1 if the failure continues for five (5) days after written notice of the failure from Landlord to Tenant; (c) Tenant’s failure to perform any other obligation under this Lease if the failure continues for thirty (30) days after written notice of the failure from Landlord to Tenant; (d) Tenant’s abandonment of the Premises, including Tenant’s absence from the Premises for thirty (30) consecutive days (excluding Saturdays, Sundays, and California legal holidays) while in default of any provision of this Lease; (e) To the extent permitted by Tenant;
law: (b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c1) A general assignment by Tenant or any guarantor of the Lease for the benefit of creditors;
; (d2) The filing of a voluntary petition in bankruptcy by or against Tenant, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing case of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of proceeding) the proceeding is dismissed within sixty (60) days;
; (e3) Receivership, attachment, The appointment of a trustee or other judicial seizure receiver to take possession of all or substantially all the assets of Tenant's assets on the PremisesTenant or any guarantor, such attachment or other seizure remaining undismissed or undischarged for a period of unless possession is unconditionally restored to Tenant orthat guarantor within sixty (60) days after and the levy thereof;
trusteeship or receivership is dissolved; (f4) Failure Any execution or other judicially authorized seizure of all or substantially all the assets of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreementlocated on the Premises, or lease amendment within the time periods and in the manner required by Paragraph 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided ’s interest in this Lease, at Landlord's option, Landlord shall have unless that seizure is discharged within sixty (60) days; (f) The committing of waste on the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingPremises.
Appears in 1 contract
Sources: Office Lease (Inpixon)
Tenant’s Default. (a) The occurrence of any one or more of the following events shall constitute an event of default on the part (herein referred to as an "Event of Default") of Tenant ("Default"):under this Lease:
(ai) The abandonment if Tenant fails to pay Base Rent or any Additional Rent hereunder as and when such rent becomes due and such failure shall continue for more than ten (10) days after receipt of written notice from Landlord of such failure; provided, however, that any such notice will be in lieu of, and not in addition to, any notice required under applicable law (including, without limitation, the Premises by Tenantprovisions of California Code of Civil Procedure Section 1161 regarding unlawful detainer actions or any successor statute or law of a similar nature);
(bii) Failure Tenant fails to pay any installment take possession of Rent the Demised Premises on the Lease Commencement Date (or to any other monies due and payable hereunder, said failure continuing for within a period of 10 calendar days after the same is duereasonable time thereafter);
(ciii) A general assignment if Tenant permits to be done anything (except Landlord's Work and any other work at the Demised Premises which Landlord is required to perform pursuant to this Lease) which creates a lien upon the Demised Premises and fails either (A) to discharge, (B) bond such lien, or (C) post security with Landlord reasonably acceptable to Landlord, within thirty (30) days after receipt by Tenant of written notice thereof from Landlord;
(iv) if Tenant violates the provisions of Section 30 of this Lease by attempting to make an unpermitted assignment or sublease;
(v) if Tenant fails to maintain in force all policies of insurance required by this Lease and such failure shall continue for more than ten (10) days after Landlord gives Tenant notice of such failure;
(vi) if any petition is filed by or against Tenant or any guarantor of this Lease under any present or future section or chapter of the Bankruptcy Code, or under any similar law or statute of the United States or any state thereof (which, in the case of an involuntary proceeding, is not permanently discharged, dismissed, stayed, or vacated, as the case may be, within ninety (90) days of commencement), or if any order for relief shall be entered against Tenant or any guarantor of this Lease in any such proceedings;
(vii) if Tenant becomes insolvent or makes a transfer in fraud of creditors or makes an assignment for the benefit of creditors;
(dviii) The filing of if a voluntary petition in bankruptcy by Tenantreceiver, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganizationcustodian, or trustee is appointed for the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged Demised Premises or for a period of sixty (60) days;
(e) Receivership, attachment, all or other judicial seizure of substantially all of Tenant's the assets on of Tenant or of any guarantor of this Lease, which appointment is not vacated within ninety (90) days following the Premises, date of such attachment appointment; or
(ix) if Tenant fails to perform or observe any other seizure remaining undismissed or undischarged term of this Lease and such failure shall continue for a period of sixty more than thirty (6030) days after the levy thereof;
(f) Failure Landlord gives Tenant notice of Tenant to execute and deliver to Landlord any estoppel certificatesuch failure, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraph 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from Landlord to Tenant provided thator, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured corrected within such ten thirty (1030) day period, if Tenant does not commence to correct such default within said thirty (30) day period despite and thereafter diligently prosecute the correction of same to completion within a reasonable diligence. time and in any event prior to the time a failure to complete such correction could cause Landlord to be subject to criminal prosecution for violation of any law, rule, ordinance or regulation or causes, or would result in a default under any mortgage or other Permitted Encumbrance.
(b) Upon the occurrence of any one or more Events of Default, Landlord, without any demand or notice whatsoever (except as expressly required in this Section 22) shall have the immediate right to pursue the following remedies (all of which shall be cumulative and in addition to any other remedies available to Landlord at law or in equity):
(i) Landlord may terminate this Lease by giving Tenant notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the Term, and all rights of Tenant under this Lease and in and to the Demised Premises shall expire and terminate and Tenant shall not be in default remain liable for all obligations under this subparagraph unless Lease arising up to the date of such termination, and Tenant shall surrender the Demised Premises to Landlord on the date specified in such notice, and if Tenant fails thereafter diligently to so surrender Landlord shall have the right, upon prior notice and continuously only to prosecute the cure extent permitted by law, to completion; andenter upon and take possession of the Demised Premises and to expel or remove Tenant and its effects without being liable for prosecution or any claim for damages therefor.
(jii) Chronic delinquency In addition to any other remedies available to Landlord at law or in equity under applicable law (including, without limitation, the remedies of California Civil Code Section 1951.4 and any successor statute or similar law), Landlord will have the immediate right and option to terminate this Lease and all rights of Tenant hereunder. If Landlord elects to terminate this Lease then, to the extent permitted under applicable law, Landlord may recover from Tenant (a) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rent loss that Tenant proves could have been reasonably avoided; plus (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rent loss that Tenant proves could be reasonably avoided; plus (d) any other amount necessary to compensate Landlord, without duplication, for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease including, but not limited to, to the extent permitted under applicable law, attorneys' fees and costs; brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Demised Premises, and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Tenant's personal property, equipment, fixtures, alterations and any other items which Tenant is required under this Lease to remove but does not remove, as well as the unamortized value of the cost of any Change Orders amortized in accordance with Section 18(a) or other costs or economic concessions provided, paid, granted or incurred by Landlord pursuant to this Lease. The unamortized value of such concessions shall be determined by taking the total value of such concessions and multiplying such value by a fraction, the numerator of which is the number of months of the Term not yet elapsed as of the date on which the Lease is terminated, and the denominator of which is the total number of months of the Term. As used in Subsection 22(b)(ii)(a) and (b) above, the "worth at the time of award" is computed by allowing interest at the Interest Rate (as defined in Section 31). As used in Subsection 22(b)(ii)(c) above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).
(iii) If permitted by applicable law, Landlord will also have the right, with or without terminating this Lease, to re-enter the Demised Premises and remove all persons and property from the Demised Premises; such property may be removed and stored in a public warehouse or elsewhere. No re-entry or taking possession of the Demised Premises by Landlord pursuant to this Subsection 22(b)(iii) will be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof is decreed by a court of competent jurisdiction.
(iv) Landlord has the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations). Accordingly, upon the occurrence of an Event of Default and abandonment of the Demised Premises by Tenant or in the event that Landlord elects to re-enter the Demised Premises or takes possession of the Demised Premises pursuant to legal proceeding or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease, Landlord may from time to time, without terminating this Lease, either recover all rent as it becomes due or relet the Demised Premises or any part thereof on terms and conditions as Landlord in its sole and absolute discretion may deem advisable with the right to make alterations and repairs to the Demised Premises in connection with such reletting. If Landlord elects to relet the Demised Premises, then rents received by Landlord from such reletting will be applied; first, to the payment of Rentany indebtedness other than rent due hereunder from Tenant to Landlord; second, or to the payment of any other periodic payments required cost of such reletting; third, to the payment of the reasonable cost of any alterations and repairs to the Demised Premises incurred in connection with such reletting; fourth, to the payment of rent due and unpaid hereunder and the residue, if any, will be paid held by Landlord and applied to payment of future rent as the same may become due and payable hereunder. Should that portion of such rents received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant under this Leasehereunder, then Tenant agrees to pay such deficiency to Landlord immediately upon demand therefor by Landlord. "Chronic Delinquency" shall mean Such deficiency will be calculated and paid monthly.
(v) If an Event of Default occurs as a result of a failure by Tenant to pay Rentany sum of money owed to any party other than Landlord, for which it is liable under this Lease, or as a result of a failure by Tenant to perform any other payments required act on its part to be performed hereunder, Landlord may, without waiving or releasing Tenant from its obligations, but shall not be obligated to, make any such payment or perform any such other act to be made or performed by Tenant. Tenant agrees to reimburse Landlord upon demand for all reasonable sums so paid by Tenant under Landlord and all necessary incidental costs, together with interest thereon at the Interest Rate, from the date of such payment by Landlord until reimbursed by Tenant.
(vi) Pursue such other remedies as are available at law or in equity.
(c) If this Lease within shall terminate as a result of or while there exists a default hereunder, any funds of Tenant held by Landlord may be applied by Landlord to any damages payable by Tenant (5whether provided for herein or by law) calendar days after as a result of such termination or default.
(d) Neither the commencement of any action or proceeding, nor the settlement thereof, nor entry of judgment thereon shall bar Landlord from bringing subsequent actions or proceedings from time to time, nor shall the failure to include in any action or proceeding any sum or sums then due be a bar to the maintenance of any subsequent actions or proceedings for the recovery of such sum or sums so omitted.
(e) If any statute or rule of law shall limit any of Landlord's remedies as hereinabove set forth, Landlord shall nonetheless be entitled to any and all other remedies hereinabove set forth.
(f) No agreement to accept a surrender of the Demised Premises and no act or omission by Landlord or Landlord's agents during the Term shall constitute an acceptance or surrender of the Demised Premises unless made in writing and signed by Landlord. No re-entry or taking possession of the Demised Premises by Landlord shall constitute an election by Landlord to terminate this Lease unless a written notice of such intention is given to Tenant.
(g) No provision of this Lease shall be deemed to have been waived by either party unless such waiver is in writing and signed by the party making such waiver. Landlord's acceptance of Base Rent or Additional Rent following an Event of Default hereunder shall not be construed as a waiver of such Event of Default (except as to acceptance by Landlord of payment in full of all Base Rent and Additional Rent past due at the time of such acceptance). No custom or practice which may grow up between the parties in connection with the terms of this Lease shall be construed to waive or lessen either party's right to insist upon strict performance of the terms of this Lease, without a written notice thereof for any 13 14 three to the other party.
(3h) months (consecutive The rights granted to Landlord in this Section 22 shall be cumulative of every other right or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default remedy provided in this Lease or which Landlord may otherwise have at law or in equity or by statute, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise of other rights or remedies or constitute a forfeiture or waiver of Base Rent, Additional Rent or damages accruing to Landlord by reason of any Event of Default. If an Event of Default shall occur and be continuing, Tenant shall pay to Landlord, on demand, all reasonable expenses incurred by Landlord as a result thereof, including reasonable attorneys' fees, court costs and expenses. Other than in connection with a claim arising from the negligence or intentional misconduct of Landlord, its employees, agents, contractors or representatives, if Landlord shall be made a party to any litigation commenced against Tenant as a result of this Lease, at Landlord's optionownership of the Demised Premises or the relationship of Landlord and Tenant arising by virtue of this Lease, Tenant shall pay all reasonable costs and reasonable attorneys' fees incurred by Landlord shall have in connection with such litigation. Notwithstanding anything to the right to require that Rent be paid by Tenant quarterlycontrary contained herein, in advance. the event any third party prevails in any action to which Landlord is made a party and it is ultimately determined that there was no negligence or intentional misconduct on the part of Landlord, its employees, agents or contractors, Tenant agrees that any notice given shall pay all reasonable costs and reasonable attorneys' fees incurred by Landlord pursuant to Paragraph 25(b), in connection with such litigation.
(i) or (j) above shall satisfy Nothing contained in this Lease will relieve Landlord of any obligation which Landlord may have under the requirements for notice under laws of the state of California Code to mitigate its damages resulting from an Event of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingDefault.
Appears in 1 contract
Sources: Lease Agreement (I Flow Corp /Ca/)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event of be a material default on the part of Tenant ("Default"):) and breach of this Lease by Tenant. Any notice required by the terms of this Lease in connection with any such default shall be in lieu of, and not in addition to, any notice required under Sections 1161, et seq., of the California Code of Civil Procedure:
(a) The abandonment of the Premises by Tenant;
(b) Failure Tenant fails to pay any installment of Rent rent payment or to any other monies sum due under this Lease after the same shall be due and payable hereunderpayable, said and such failure continuing continues for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from Landlord to Tenant.
(b) 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 thatherein) after notice thereof from Landlord; provided, however, that if the term, condition, covenant, or obligation to be performed by Tenant has exercised reasonable diligence to cure is of such failure and such failure nature that the same cannot reasonably be cured within thirty (30) days and if Tenant commences such performance within said thirty-day (30) period and thereafter diligently undertakes to complete the same, then such failure shall not be a default hereunder.
(c) [Intentionally Omitted.]
(d) 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 or any guarantor of Tenant's obligations under this Lease does not regain possession within ninety (90) days after such appointment); or Tenant 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 ninety (90) days thereafter).
(e) A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant or any guarantor of Tenant'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 ninety (90) days after the filing of the same. In the event that any provision of this Subsection 20.1(e) is contrary to any applicable Laws, such provision shall be of no force or effect.
(f) Any assignment or other transfer for which the prior written consent of the Landlord has not been obtained or any subletting for which the prior written consent of Landlord has not been obtained that continues after thirty (30) days notice to Tenant from Landlord.
(g) Discovery of any materially false or misleading statement concerning financial information submitted by Tenant or any guarantor of Tenant's obligations under this Lease to Landlord in connection with obtaining this Lease or any other consent or agreement by Landlord.
(h) Tenant's admission in writing of its inability to pay its debts as they mature.
(i) Suspension of Tenant's right to conduct its business for more than sixty (60) days, caused by the order, judgment, decree, decision, or other act of any court or governmental agency.
(j) Tenant's failure to execute, acknowledge, and deliver to Landlord, within the ten (10) business day period despite reasonable diligence. Tenant shall not be specified in default under Article 17, any documents required to effectuate an attornment, a subordination, or to make this subparagraph unless Tenant fails thereafter diligently and continuously Lease or any option granted herein prior to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment lien of Rentany mortgage, deed of trust, or ground lease, or any other periodic payments required estoppel certificate, as the case may be where such failure continues for a period of ten (10) days after a second request therefor containing the words "Failure to be paid by Tenant under this Respond May Result in Termination of Your Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant in bold-face.
(k) If the performance of Tenant's obligations under this Lease is guaranteed: (a) the termination of a guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (b) a guarantor's becoming insolvent or the subject of a bankruptcy filing, (c) a guarantor's refusal or inability to honor the guarantee, or (d) a guarantor's breach of its guarantee obligation, and Tenant's failure within sixty (560) calendar days after following written notice thereof for by or on behalf of Landlord to Tenant of any 13 14 three (3) months (consecutive such event, to provide Landlord with written alternative assurance or nonconsecutive) during any twelve (12) month period. In security, which, when coupled with the event then existing resources of a Chronic DelinquencyTenant, in addition to Landlord's other remedies for Default provided in equals or exceeds the combined financial resources of Tenant and the guarantors that existed at the time of execution of this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (Tickets Com Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default on the part this Lease by Tenant: a) Any failure by Tenant to pay any rent under this Lease ten (10) days following Tenant's receipt of Tenant ("Default"):
(awritten notice from Landlord that such rent is due under this Lease and has not been received; b) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(; c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and . Any notice given by Landlord to Tenant pursuant to California Civil Code 1161 with respect to any failure by Tenant to pay rent under this Lease on or before the date the rent is due shall not be required provide Tenant with a period of no less than ten (10) days to give any additional notice in order to be entitled to commence an unlawful detainer proceedingpay such rent or quit.
Appears in 1 contract
Sources: Sublease (Annuncio Software Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default on this Lease by Tenant: (i) Tenant’s failure to pay any rent including additional rent or any other payment due under this Lease within ten (10) days following Landlord’s notice of nonpayment, (ii) the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
; (biii) Failure Tenant’s failure to pay any installment of Rent or to observe and perform any other monies due and payable hereunderrequired provision of this Lease, said where such failure continuing continues for a period of 10 calendar thirty (30) days after written notice from Landlord, provided, however, that if the nature of the default is such that it cannot reasonably be cured within the 30-day period, Tenant shall not be deemed in default if it commences within such period to cure, and thereafter diligently prosecutes the same is due;
to completion; (civ) A Tenant’s making of any general assignment by Tenant for the benefit of creditors;
; (dv) The the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); (vi) the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of where possession is not restored to Tenant within sixty (60) days;
; (evii) Receivership, the attachment, execution or other judicial seizure of substantially all of Tenant's ’s assets on located at the PremisesPremises or of Tenant’s interest in this Lease, where such attachment or other seizure remaining undismissed or undischarged for a period of is not discharged within sixty (60) days after the levy thereof;
days; (fviii) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 a default under this subparagraph unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure the Building 2 Lease (if then leased by Tenant to pay Rentfrom Landlord), or any other payments required to be paid (ix) a default by Tenant under this the Building 3 Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid if leased by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(bfrom Landlord), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Sublease (NeurogesX Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event a default and breach of default on the part of this Lease by Tenant ("an “Event of Default"”):
(a) The abandonment of the Premises by Tenant;Tenant pursuant to Section 1951.3 of the California Civil Code.
(b) Failure The failure by Tenant to pay make any installment payment of Rent or to any other monies due payment required to be made by Tenant hereunder as and payable hereunderwhen due, said which such failure continuing shall continue for a period of five days following Tenant’s receipt of written demand from Landlord.
(c) Tenant’s failure to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Tenant, other than as described in Sections 24(a) or 24(b), where such failure shall continue for a period of 10 calendar days after written notice thereof by Landlord to Tenant; provided, however, that if the same nature of Tenant’s default is due;such that more than 10 days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within such 10-day period and thereafter diligently prosecutes such cure to completion; provided that such cure shall not be in excess of 120 days.
(cd) A The making by Tenant of any general assignment by Tenant or general arrangement for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing appointment of an involuntary petition by a trustee or a receiver to take possession of substantially all of Tenant's creditors’s assets located at the Premises or of Tenant’s interest in this Lease, said involuntary petition remaining undischarged for a period of sixty (60) where possession is not restored to Tenant within 60 days;
(e) Receivership, or the attachment, execution, or other judicial seizure of substantially all of Tenant's ’s assets on located at the PremisesPremises or of Tenant’s interest in this Lease, where such attachment seizure is not discharged in 60 days.
(e) The filing of any voluntary petition in bankruptcy by Tenant, or other seizure remaining undismissed or the filing of any involuntary petition by Tenant’s creditors, which involuntary petition remains undischarged for a period of sixty (60) days after 60 days. In the levy thereof;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.
(f) Failure of Tenant to execute and deliver to Landlord any estoppel certificateSelling, subordination agreementleasing, assigning, encumbering, hypothecating, transferring, or lease amendment within otherwise disposing of all or substantially all of the time periods and Tenant’s assets, except (1) as otherwise provided in this Lease or (2) without the manner required by Paragraph 30 prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or 31 or 40;delayed.
(g) An assignment If Tenant is a partnership or subleaseconsists of more than one person or entity, if any partner of the partnership or attempted assignment other person or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 24, unless such assignment or sublease entity is expressly conditioned upon Tenant having received Landlord's consent thereto;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided involved in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements the acts or obligations hereunder (except those failures specified as events of Default described in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (iSections 24(d) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding24(e).
Appears in 1 contract
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default this Lease by Tenant: a) Any failure by Tenant to pay any rent under this Lease on or before the part of Tenant ("Default"):
(adate such rent is due under this Lease; b) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(; c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receive to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and . Any notice given by Landlord to Tenant pursuant to California Civil Code 1161 with respect to any failure by Tenant to pay rent under this Lease on or before the date the rent is due shall not be required provide Tenant with a period of no less than ten (10) days to give any additional notice in order to be entitled to commence an unlawful detainer proceedingpay such rent or quit.
Appears in 1 contract
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of If Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant defaults in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rentmonetary obligation hereunder, or any other payments required to be paid by Tenant under this Lease within for more than five (5) calendar business days after written notice thereof of such default by Landlord, or if Tenant defaults in the performance of any other covenant, agreement, condition, rule or regulation herein contained or provided for, or hereafter established for any 13 14 three more than twenty (320) months days after written notice of such default by Landlord, then (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlordand as an alternative to all other legal remedies) Landlord shall have the right either to (i) terminate this Lease and Tenant's other remedies for Default provided right to possession of the Premises, or to (ii) terminate only Tenant's right to possession of the Premises; and in this Lease, at Landlord's optioneither such event, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy re-enter and/or repossess the requirements for notice under California Code of Civil Procedure Section 1161Premises, and dispose and remove therefrom Tenant, or other occupants thereof, and their effects, and alter the locks and other security devises at the Premises, all without being liable for any prosecution or damages therefore. In either event Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingrecover from Tenant, in addition to the Rent, all expenses incurred in connection with such default, including repossession costs, legal expenses and attorney's fees (whether or not suit is filed), and all expenses incurred in connection with efforts to relet the Premises, including cleaning, altering, advertising and brokerage commissions; and all such expenses shall be reimbursed by Tenant as additional Rent, whether or not such default is subsequently cured. If Landlord elects to terminate only Tenant's right to possession, then Landlord may, at Landlord's option, accelerate the entire amount then remaining unpaid under this Lease and recover same forthwith from Tenant, together with all other charges recoverable hereunder, and thereafter Landlord shall pay over to Tenant the net proceeds of any total or partial reletting. If Landlord terminates only Tenant's right to possession, then Landlord may relet the Premises for the account of Tenant (either in the name of the Landlord or Tenant). Except as otherwise provided herein, Tenant waives demand for Rent, demand for possession, notice of forfeiture, notice of termination, and any and all other demands or notices required by law.
Appears in 1 contract
Sources: Standard Office Lease (Centene Corp)
Tenant’s Default. The occurrence In the event the Tenant shall default in the payment of any one of the following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent Base Rent, Additional Rent, or to any other monies due sums payable by the Tenant hereunder (“monetary default”) and payable hereunder, said failure continuing such monetary default shall continue for a period of 10 calendar days after the same is due;
three (c3) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganizationdays, or if the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure shall default in the performance of any of Tenant's covenants, other covenants or agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which Lease (“non-monetary default”) and such non-monetary default shall be governed by such other Paragraphs), which failure constitutes continue for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rentdays, or any other periodic payments required to be paid by if the Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, should become bankrupt or insolvent or any other payments required to debtor proceedings be paid taken by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In against the event of a Chronic DelinquencyTenant, then and in addition to Landlord's any and all other legal remedies and rights, the Landlord may declare the entire balance of the rent for Default provided in this the remainder of the term to be due and payable and may collect the same by distress or otherwise, may terminate the Lease, at Landlord's option, Landlord shall have the may terminate Tenant’s right to require that Rent be paid possession without terminating the Lease or take any other remedy allowed by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161Florida law, and Landlord shall not be required to give any additional notice have a lien on the personal property of the Tenant which is located in the Premises. Landlord may, without first obtaining a distress warrant, lock up the Premises in order to protect said interest in the secured property, or the Landlord may terminate this Lease and retake possession of the Premises, or enter the Premises and relet the same without termination, in which latter event the Tenant covenants and agrees to pay any deficiency after Tenant is credited with the rent thereby obtained less all repairs and expenses (including the expenses of obtaining possession), or the Landlord may resort to any two or more of such remedies or rights, and adoption of one or more of such remedies or rights shall not prevent the enforcement of others concurrently or thereafter. The Tenant also covenants and agrees to pay all attorney’s fees and costs and expenses of the Landlord, including court costs, if the Landlord employs an attorney to collect rent or enforce other rights of the Landlord herein in the event of any breach as aforesaid, and the same shall be entitled to commence an unlawful detainer proceedingpayable regardless of whether collection or enforcement is effected by suit or otherwise.
Appears in 1 contract
Tenant’s Default. The occurrence In the event Tenant shall fail to pay the Rent when due or shall fail to perform any of its other obligations under the Lease, after notice of such default shall have been given as provided below (an "EVENT OF DEFAULT BY TENANT"), Landlord may elect, without waiver of any one other rights or remedies available to Landlord, to either: (a) re-enter the Leased Premises by summary or similar proceedings and re-let the Leased Premises, using reasonable efforts therefor, or (b) to terminate this Lease and obtain possession of the following events Leased Premises. In addition to, and not in lieu of, the foregoing remedies, Landlord may at any time, but shall constitute not be obligated to, cure any default of Tenant, and in such event, all reasonable, out-of-pocket costs incurred by Landlord shall be paid to Landlord by Tenant. In the event Landlord elects to re-enter the Leased Premises, Landlord may, but shall not be obligated to, make such alterations and repairs as may be necessary in order to relet the Leased Premises, and relet the Leased Premises or any part thereof for such term or terms (which may extend beyond the Term of this Lease) and at such rental and upon such other terms and conditions as Landlord in its reasonable discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than Rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees as well as costs associated with any necessary repairs; third, to the payment of Rent and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future Rent as the same may become due and payable hereunder. If such rentals and other sums received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall pay such deficiency to Landlord on the Rent payment date provided herein. Landlord shall use reasonable efforts to mitigate damages by reletting. If such rentals and sums are more, Tenant shall have no right to the excess. If Landlord shall elect to terminate this Lease, Landlord shall be entitled to recover from Tenant all costs incurred by Landlord by reason of Tenant's default, including, without limitation, all costs incurred to relet the Leased Premises, together with all Rent due to the date of termination, plus an event amount equal to the then-present value (as calculated by Landlord in the reasonable exercise of its real estate business judgment) of the excess of the Rent reserved in this Lease for the remainder of the Term over the fair market value of the Leased Premises for the remainder of the Term. Landlord shall not exercise remedies for default hereunder on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar until 5 days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period receipt 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance written notice of any of Tenant's covenantsmonetary default, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by provided that such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give be given by Landlord more than twice in any additional 12-month period, and 30 days after Tenant's receipt of written notice in order of any non-monetary default, and Tenant within such time shall have failed to be entitled to commence an unlawful detainer proceeding.remedy such default. If any default by Tenant, except monetary
Appears in 1 contract
Sources: Land and Building Lease Agreement (Aerobic Creations, Inc.)
Tenant’s Default. Tenant shall be in default under this Lease in the event of:
(1) The failure by Tenant to make any payment of Base Rent, Additional Rent or any other monetary payment required to be made by Tenant hereunder, whether to Landlord or to a third party , as and when due, where such failure continues for a period of ten (10) days following written notice thereof by or on behalf of Landlord to Tenant; provided that any such notice of default shall be in lieu of, and not in addition to, any notice of default required by Applicable Laws.
(2) The failure by Tenant to perform any other obligation under this Lease (except as provided in clause (1) above), where such failure continues for a period of thirty (30) days after written notice thereof by or on behalf of Landlord to Tenant; provided, however, that if the nature of such failure is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in Default hereunder if Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion; provided, further, that any such notice of default shall be in lieu of, and not in addition to, any notice of default required by Applicable Laws.
(3) The occurrence of any one of the following events shall constitute an event of default on events: (i) the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment making by Tenant of any general arrangement or assignment for the benefit of creditors;
; (dii) The filing Tenant's becoming a "debtor" as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a voluntary petition in bankruptcy by filed against Tenant, ,the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of same is dismissed within sixty (60) days;
); (eiii) Receivershipthe appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) the attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's optionwhere such seizure is not discharged within thirty (30) days, Landlord shall have the right to require that Rent be paid by Tenant quarterlyprovided, however, in advance. Tenant agrees the event that any notice given by Landlord pursuant provision of this subparagraph (3) is contrary to Paragraph 25(b)any Applicable Law, (i) such provision shall be of no force or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161effect, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingaffect the validity of the remaining provisions.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxi LTD Partnership)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event a default and breach of default on the part of Tenant ("Default"):this Lease by Tenant:
(a) The abandonment failure by Tenant to make any payment of Rent or any other payment required to be made by Tenant hereunder as and when due, where such failure shall continue for a period of ten (10) days after written notice of failure to pay after the Premises by Tenant;due date.
(b) Failure Tenant’s failure to pay observe or perform any installment of Rent the covenants, conditions, or provisions of this Lease to any be observed or performed by Tenant, other monies due and payable hereunderthan as described in subparagraph (b) above, said where such failure continuing shall continue for a period of 10 calendar thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the same nature of Tenant’s default is due;such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion.
(c) A The making by Tenant of any general assignment by Tenant or general arrangement for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing appointment of an involuntary petition by a trustee or a receiver to take possession of substantially all of Tenant's creditors’s assets located at the Premises or of Tenant’s interest in this Lease, said involuntary petition remaining undischarged for a period of sixty where possession is not restored to Tenant within thirty (6030) days;
(e) Receivership, or the attachment, execution, or other judicial seizure of substantially all of Tenant's ’s assets on located at the PremisesPremises or of Tenant’s interest in this Lease, where such attachment seizure is not discharged in thirty (30) days.
(d) The filing of any voluntary petition in bankruptcy by Tenant, or other seizure remaining undismissed or the filing of any involuntary petition by Tenant’s creditors, which involuntary petition remains undischarged for a period of sixty thirty (6030) days after the levy thereof;
(f) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month perioddays. 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 a Chronic DelinquencyTenant hereunder, such trustee or Tenant shall, in addition to Landlord's other remedies for Default provided 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, at Landlord's option, and provide to Landlord shall have such adequate assurances as may be necessary to ensure Landlord of the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice continued performance of Tenant’s obligation under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingthis Lease.
Appears in 1 contract
Sources: Net Lease Agreement (Singulex Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event a default and breach of default on the part of Tenant ("Default"):
(a) The abandonment of the Premises this Lease by Tenant;:
(b) Failure a. If Tenant abandons or vacates the Premises; or
b. If Tenant fails to pay any installment of Rent or to any additional rent or any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment charges required to be paid by Tenant under this Lease and such failure continues for the benefit of creditors;
three (d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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 (603) days after written notice thereof from Landlord (so long as the levy thereof;form of any such notice complies with statutory requirements, any such notice and the opportunity to cure shall be in lieu of and not in addition to the notice required in order to commence unlawful detainer proceedings); or
(f) Failure of c. If Tenant fails promptly and fully to execute and deliver to Landlord perform any estoppel certificatenon-monetary covenant, subordination agreement, condition or lease amendment within the time periods and agreement contained in the manner required by Paragraph 30 or 31 or 40;
(g) 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 and such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
failure continues for thirty (h30) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from Landlord to Tenant provided that(so long as the form of any such notice complies with statutory requirements, if Tenant has exercised reasonable diligence any such notice and the opportunity 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 unless Tenant fails thereafter diligently lieu of and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, not 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. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingproceedings); or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. 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 (45) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. 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
h. If Tenant is a partnership or consists of more than one person or entry, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (d) through (g) above.
Appears in 1 contract
Sources: Office Building Lease (Viasat Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default on this Lease by Tenant: a) Any failure by Tenant to pay the part of rental or to make any other payment required to be made by Tenant hereunder, where such failure continues for ten ("Default"):
(a10) days after written notice thereof by Landlord to Tenant; b) The abandonment or vacation of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(; c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case era petition fried against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Sublease (Concentric Network Corp)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of this Lease by Tenant: a) Any failure by Tenant to pay the rental or to make any other payment required to be made by Tenant hereunder provided however, that Tenant may cure such default on by payment to Landlord of the part Base Monthly Rent or other sum due within ten (10) days after receipt by Tenant of Tenant ("Default"):
(awritten notice specifying Landlord has failed to receive the amount in question; b) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(; c) A failure by Tenant to observe and materially perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (Visx Inc)
Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any one of the following events occurs:
(i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder within three (3) days from the date of Landlord's written notice to Tenant (which notice shall constitute an event the notice required under California Code 54 of default on the part of Civil Procedure Section 1161) that such Rent or other sum is due, including, without limitation, any Tenant ("Default"):Improvement costs payable by Tenant under Exhibit C; or
(aii) The abandonment If Tenant fails to perform any term, covenant or condition of this Lease except those requiring the Premises by Tenant;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 30-day period; provided, however, that where such failure could not reasonably be cured within the 30-day period, that Tenant shall not be in default if it commences such performance within the 30-day period and diligently thereafter prosecutes the same to completion; or
(biii) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by If Tenant assigns its assets for the benefit of its creditors;; or
(div) The filing 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 voluntary petition in bankruptcy by return or release of such Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(v) If Tenant vacates or abandons the filing Premises; or
(vi) If a court makes or enters any decree or order other than under the bankruptcy laws of an involuntary the United States adjudging Tenant to be insolvent; or approving as properly filed a petition by seeking reorganization of Tenant's creditors, said involuntary petition remaining undischarged ; or directing the winding up or liquidation of Tenant and such decree or order shall have continued 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (Excite Inc)
Tenant’s Default. The In the event of Tenant's failure to perform any of its covenants or agreements under this Lease, Landlord shall give Tenant written notice of such failure and shall give Thirty (30) days or such longer time as may be reasonably required by Tenant to cure said failure in the exercise of reasonable diligence provided Tenant commences the cure within said Thirty (30) day period and thereafter diligently prosecutes such cure to completion. If Tenant so fails to perform its obligations under this Lease, the occurrence of any one of the following events shall constitute an event a material default and breach of default on the part of Tenant ("Default"):
this Lease by Tenant: (a) The abandonment of Any failure by Tenant to pay any rent under this Lease on or before the Premises by Tenant;
date such rent is due under this Lease or to restore the Security Deposits to the amounts required within the periods provided in the Lease; (b) Failure a failure by Tenant to pay any installment of Rent or to observe and perform any other monies due and payable hereunderprovision of this Lease to be observed or performed by Tenant, said where such failure continuing continues for a period of 10 calendar Thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same is due;
cannot reasonably be cured within such Thirty (30) day period Tenant shall not be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; (c) A the making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition in bankruptcy by filed against Tenant, the filing same is dismissed within Sixty (60) days after the filing; the appointment of a voluntary petition for an arrangement, the filing trustee or receiver to take possession of a petition, voluntary or involuntary, for reorganization, or the filing substantially all of an involuntary petition by Tenant's creditorsassets located at the Premises or of Tenant's interest in this Lease, said involuntary petition remaining undischarged for a period of sixty where possession is not restored to Tenant within Sixty (60) days;
(e) Receivership, ; or the attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within Sixty (60) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and provided that such notices are given in the manner required by such statute. Any notice given by Landlord to Tenant pursuant to California Civil Code Section 1161 with respect to any failure by Tenant to pay rent under this Lease on or before the date the rent is due under this Lease shall not be required provide Tenant with a period of no less than Ten (10) days to give any additional notice in order to be entitled to commence an unlawful detainer proceedingpay such rent or quit.
Appears in 1 contract
Sources: Lease Agreement (Integrated Telecom Express Inc/ Ca)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;.
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of or this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes continues for ten (10) calendar days after written notice thereof from Landlord to Tenant provided thatPROVIDED 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquencydelinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutivenon-consecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of If Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure defaults in the performance of any of ---------------- Tenant's covenantsobligations under the Lease, agreements or obligations hereunder and Tenant's default is not cured within the following notice and cure period: (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which a) failure constitutes for to pay any sum due - ten (10) calendar days after written notice thereof from Landlord is sent by Landlord; (b) failure 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or perform any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within obligation - thirty (530) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to is sent by Landlord's other remedies for Default provided in this Lease, at Landlord's option, Landlord shall have the right and option, in Landlord's sole discretion, and without having to require that Rent give further notice of any kind, to pursue any one or more of the following remedies (as well as any other remedies available to Landlord at law or equity):
A. Declare immediately due all accrued amounts as well as the entire amount of all rent and other charges remaining to be paid for the balance of the lease term, and ▇▇▇ to recover such amounts and to recover possession of the Premises (together with such expenses as Landlord may incur in recovering possession of the Premises, including but not limited to court costs, litigation expenses, and attorneys' fees);
B. Enter upon and take possession of the Premises without terminating this Lease, and without relieving Tenant of its obligation to pay the rent and other payments required of Tenant under this Lease, and at Tenant's expense: expel or remove Tenant and any other person who may be occupying the Premises or any part thereof and any personal property or trade fixtures located therein, and change or alter the locks and other security devices, and relet the Premises in the name of Landlord or Tenant, at any rental and for any term readily obtainable, and receive the rent therefor. In such event, Tenant shall pay to Landlord on demand the expenses of such reletting (include but not limited to all real estate commissions and all expenses involved in readying the Premises for occupancy by the next tenant), and any deficiency which may arise by reason of such reletting for the remainder of the term of this Lease;
C. Declare this Lease and Tenant's right of occupancy terminated, in which case Tenant shall peaceably surrender the Premises to Landlord;
D. Take action, on Tenant's behalf and at Tenant's expense, to perform any obligation owing by Tenant quarterly, in advance. under this Lease which Tenant agrees that any notice given by Landlord pursuant has failed to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.perform;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event if uncured before the expiration of the cure periods set forth below, if any, will be a material default on the part and breach of this Lease by Tenant ("“Default"):”). Any notice required by the terms of this Lease in connection with any such default will be in lieu of, and not in addition to, any notice required under Sections 1161, et seq., of the California Code of Civil Procedure:
(a) The abandonment of the Premises by Tenant;
(b) Failure Tenant fails to pay any installment of Rent payment or to any other monies sum due under this Lease after the same will be due and payable hereunderpayable, said and such failure continuing continues for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar five days after written notice thereof from Landlord to Tenant. Without limiting the foregoing, Tenant provided thatwill only be given one such notice and/or cure period per calendar year; after such notice given to Tenant by Landlord, 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean subsequent failure by Tenant to pay Rentamounts when due during such calendar year will constitute a Default without Landlord providing further notice or opportunity to cure.
(b) Tenant fails to perform or observe any term, condition, covenant, or any other payments obligation required to be paid performed or observed by Tenant it under this Lease for a period of 30 days (or such shorter time provided herein) after notice thereof from Landlord; provided, however, that if the term, condition, covenant, or obligation to be performed by Tenant is of such nature that the same cannot reasonably be cured within 30 days and if Tenant commences such performance within said 30-day period and thereafter diligently undertakes to complete the same, then such failure will not be a Default hereunder if it is cured within 60 days following Landlord’s notice.
(5c) calendar 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 or any guarantor of Tenant’s obligations under this Lease does not regain possession within 90 days after written notice such appointment); or Tenant 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 90 days thereafter).
(d) A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant or any guarantor of Tenant’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 for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month periodwithin 90 days after the filing of the same. In the event that any provision of a Chronic Delinquencythis 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 was required pursuant to Section 13, but was not obtained.
(f) Discovery of any knowingly false or misleading statement of material fact concerning financial information submitted by Tenant to Landlord in addition connection with obtaining this Lease or any other consent or agreement by Landlord.
(g) Tenant’s admission in writing of its inability to Landlord's other remedies for Default provided in this Lease, at Landlord's option, Landlord shall have the pay its debts as they mature.
(h) Suspension of Tenant’s right to require that Rent be paid conduct its business, caused by Tenant quarterlythe order, in advance. Tenant agrees that judgment, decree, decision, or other act of any notice given by Landlord pursuant to Paragraph 25(b), court or governmental agency for more than 60 days.
(i) Tenant’s failure to execute, acknowledge, and deliver to Landlord, within the 10 business day period specified in Section 17, any documents required to effectuate an attornment, a subordination, or to make this Lease or any option granted herein prior to the lien of any mortgage, deed of trust, or ground lease, or any estoppel certificate, as the case may be, where such failure continues for more than five business days following Tenant’s receipt of a written notice from Landlord stating that “Tenant’s failure to respond to this notice within five business days will constitute a breach of the Lease.”
(j) above shall satisfy Intentionally deleted.
(k) Any default by Tenant (after the requirements for notice expiration of any applicable cure period) under California Code a written agreement with Landlord relating to Telecom Equipment, if applicable.
(l) Tenant’s failure to timely replace the Letter of Civil Procedure Section 1161Credit as required by, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingaccordance with, Section 28.
Appears in 1 contract
Sources: Lease Agreement (Exelixis, Inc.)
Tenant’s Default. The occurrence If Tenant defaults in the performance ---------------- of any one obligation under this Lease, Landlord, without thereby waiving such default, and subject to all other applicable provisions of this Lease, including Section 7.3 hereof, may perform such obligation for the following events shall constitute an event account and at the expense of default on the part of Tenant ("Default"):
Tenant: (a) The abandonment immediately or at any time thereafter, and without notice (as long as Tenant is not diligently engaged in curing such default), in the case of emergency or in the Premises case the default (i) will result in a violation of any material Requirement, or (ii) will result in a cancellation of any insurance policy maintained by Tenant;
Landlord, and (b) Failure in any other case if such default continues after thirty (30) days (or the applicable cure period, if shorter) from the date Landlord gives notice of Landlord's intention so to pay perform the defaulted obligation. All costs and expenses reasonably incurred by Landlord in connection with any installment such performance by it for the account of Rent Tenant and all reasonable costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord in any action or proceeding (including any summary dispossession proceeding) brought by Landlord to enforce any obligation of Tenant under this Lease and/or right of Landlord in or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Leaseto Landlord within thirty (30) days of demand, with interest thereon at the Interest Rate from the date incurred by Landlord. "Chronic Delinquency" shall mean failure by Tenant Except as expressly provided to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided contrary in this Lease, at Landlord's optionall costs and expenses which, pursuant to this Lease (including the Rules and Regulations) are incurred by Landlord shall have the right and payable to require that Rent be paid Landlord by Tenant, and all charges, amounts and sums payable to Landlord by Tenant quarterlyfor any property, in advance. Tenant agrees that any notice given by Landlord material, labor, utility or other services which, pursuant to Paragraph 25(b)this Lease or at the request and for the account of Tenant, are provided, furnished or rendered by Landlord, shall become due and payable by Tenant to Landlord thirty (i30) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingdays after demand therefor.
Appears in 1 contract
Sources: Deed of Lease (Verisign Inc/Ca)
Tenant’s Default. The occurrence At the option of Landlord, a default under this Lease by Tenant shall exist if any one of the following events shall constitute occur (each, an event "Event of default on the part of Tenant ("Default"):
(a) The abandonment Tenant fails to pay the Monthly Rent, or Additional Rent, within ten (I 0) days of the Premises by Tenant;a written notice of nonpayment from Landlord.
(b) Failure Tenant fails to pay any installment of Rent observe, keep, perform or to any other monies due and payable hereundercure, said failure continuing for a period of 10 calendar within thirty (30) days after written notice by Landlord, any of the other terms, covenants, agreements or conditions contained in this Lease which Tenant is obligated to observe or perform. In the event such default reasonably could not be cured or corrected within such thirty (30) day period, then Tenant shall not be in default of this Lease if Tenant commences the cure or correction of such default within such initial thirty (30) day period and diligently prosecutes the same is due;to completion.
(c) A The making of a general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, by Tenant or the filing of an involuntary petition by any of Tenant's creditorscreditors seeking the rehabilitation, said liquidation or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary petition remaining undischarged for a period of action, the failure to remove or discharge the same within sixty (60) days;
(e) Receivershipdays of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant's assets or this leasehold, Tenant's insolvency or failure generally to pay Tenant's debts when due, any court entering a decree or order 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 pursuant to any insolvency contemplated by this paragraph, or the attachment, execution or other judicial seizure of substantially all of Tenant's assets on or this leasehold. Notices given under this Section 15.1 shall specify the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after alleged default by Tenant and shall demand that Tenant perform the levy thereof;
(f) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, provisions of this Lease or pay the Premises by Tenant contrary to Rent that is in arrears, as the provision of Paragraph 24case may be, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time applicable period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingtime.
Appears in 1 contract
Sources: Lease Agreement (BRIX REIT, Inc.)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of If Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant defaults in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within monetary obligation hereunder,for more than five (5) calendar business days after written notice thereof of such default by Landlord, or if Tenant defaults in the performance of any other covenant, agreement, condition, rule or regulation herein contained or provided for, or hereafter established for any 13 14 three more than twenty (320) months days after written notice of such default by Landlord, then (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlordand as an alternative to all other legal remedies) Landlord shall have the right either to (i) terminate this Lease and ▇▇▇▇▇▇'s other remedies for Default provided in this Leaseright to possession to the Premises, at Landlordor to (ii) terminate only ▇▇▇▇▇▇'s optionright to possession of the Premises, and either such event, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy re-enter and/or repossess the requirements for notice under California Code of Civil Procedure Section 1161Premises, and dispose and remove therefrom Tenant, or other occupants thereof. and their effects, and alter the locks and other security devises at the Premises all without being liable for any prosecution or damages therefore. In either event Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingrecover from Tenant, in addition to the Rent, all expenses incurred in connection with such default, including repossession costs, legal expenses and attorney's fees (whether or not suit is filed), and all expenses incurred in connection with efforts to relet the Premises,including cleaning, altering,advertising and brokerage commissions; and all such expenses shall be reimbursed by Tenant as additional "Rent, whether or not such default is subsequently cured. If Landlord elects to terminate only ▇▇▇▇▇▇'s right to possession, then Landlord may, at Landlord's option, accelerate the entire amount then remaining unpaid under this Lease and recover same forthwith from Tenant, together with all other charges recoverable hereunder, and thereafter Landlord shall pay over to Tenant the net proceeds of any total or partial reletting. If Landlord terminates only ▇▇▇▇▇▇'s right to possession, then Landlord may relet the Premises for the account of Tenant (either in the name of the Landlord or Tenant). Except as otherwise provided herein, Tenant waives demand for Rent, demand for possession, notice of forfeiture, notice of termination, and any all other demands or notices required by law.
Appears in 1 contract
Sources: Standard Office Lease (Design Automation Systems Inc)
Tenant’s Default. The occurrence of This Lease and the Lease Term are subject to the limitation that Tenant shall be in default if, at any time during the Lease Term, any one or more of the following events (herein called an “Event of Default”) shall constitute an event of default on the part of Tenant ("Default"):occur:
(a) The abandonment of the Premises by Tenant;
(b) Failure if Tenant shall fail to pay any installment of Rent the Annual Fixed Rent, or to any Additional Rent, or any other monies charges for which provision is herein made, or any part thereof, when the same shall become due and payable hereunder, said and such failure continuing shall continue for a period of 10 calendar days five (5) Operating Days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from Landlord to Tenant (provided thatthat if Tenant shall have failed to pay any such installment or other charge or portion thereof when the same becomes due and payable two times during any Lease Year and Landlord shall in each case have given Tenant notice of such failure, then after such second time it shall be an Event of Default in the event Tenant thereafter during such Lease Year fails to pay any such installment or other charge or portion thereof on the date the same becomes due and payable, without notice (or, in the case of other charges which are payable on or subsequent to demand, further notice) from Landlord); or
(b) if the Premises shall become abandoned and such abandonment continues for more than thirty (30) days after written notice from Landlord; provided that Tenant vacating the Premises shall not be construed as an abandonment as long as Tenant is using commercially reasonable efforts to secure and to maintain the Premises as usable office space in accordance the standards of first class office buildings in Manhattan; or
(c) if an assignment or subletting shall occur or if Tenant’s interest in this Lease shall devolve upon or pass to any person or entity, whether by operation of law or otherwise, and whether directly or indirectly, except as expressly permitted by Article 13 hereof, or
(d) if Tenant fails to maintain any of the insurance required to be maintained by Tenant hereunder or to deliver certificates thereof when required hereunder and Tenant fails to remedy such default within five (5) Operating Days after notice by Landlord to Tenant specifying such default; or
(e) 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 in the Property, the health or safety of any person, the operation of the Building or any Building system, or the business operations of any occupant, and such failure continues for two (2) Operating Days after receipt of notice from Landlord to Tenant specifying such default; or
(f) if Tenant shall fail to perform or observe any other term, covenant, or condition of this Lease on the part of Tenant to be performed or observed and such failure shall continue for thirty (30) days after notice thereof from Landlord to Tenant, or, if said default shall reasonably require longer than thirty (30) days to cure, if Tenant has exercised reasonable diligence shall fail to commence to cure such failure and such failure cannot be cured said default within such ten thirty (1030) day period despite reasonable diligence. Tenant shall not be in default under this subparagraph unless Tenant fails thereafter diligently and days after receipt of notice thereof and/or fail continuously to prosecute the cure curing of the same to completioncompletion with due diligence, and in any event within such period of time as will prevent Landlord from being subjected to the risk of criminal liability or termination of any Underlying Lease or foreclosure of any mortgage (provided Tenant has notice of any such mortgage or Underlying Lease); andor
(jg) Chronic delinquency if the estate hereby created shall be taken on execution or by Tenant in the payment other process of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.law; or
Appears in 1 contract
Sources: Lease Agreement (Cowen Group, Inc.)
Tenant’s Default. The occurrence of any one of the following events shall constitute be an event "Event of default on the part Default" (sometimes referred to herein as a "default") by Tenant and a material breach of Tenant ("Default"):this Lease:
(a1) The abandonment Tenant shall fail to make any payment owed by Tenant under this Lease, as and when due, and such failure is not cured within three (3) days after Tenant receives written notice from Landlord specifying such failure; (2) Tenant shall fail to observe, keep or perform any of the Premises by Tenant;
terms, covenants, agreements or conditions under this Lease that Tenant is obligated to observer or perform, other than that described in subsection (b1) Failure to pay any installment of Rent or to any other monies due and payable hereunderabove, said failure continuing for a period of 10 calendar 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 that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default under this Lease if Tenant shall commence the cure of such default within said thirty (30) day period and diligently prosecute the same to completion within such time period as is due;
reasonably needed; (c3) A Tenant shall (i) make any general arrangement or assignment by Tenant for the benefit of creditors;
; (dii) The filing become a "debtor" as defined in 11 U.S.C. Section 101 or any successor statute thereto (unless, in case of a voluntary petition in bankruptcy by filed against Tenant, the filing same is dismissed within 60 days); (iii) suffer the appointment of a voluntary petition for an arrangement, the filing trustee or receiver to take possession of a petition, voluntary or involuntary, for reorganization, or the filing substantially all of an involuntary petition by Tenant's creditorsassets located at the Premises or of Tenant's interest in this Lease, said involuntary petition remaining undischarged for a period of sixty where possession is not restored to Tenant within 30 days; or (60iv) days;
(e) Receivership, suffer the attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant quarterlywhere such seizure is not discharged within 30 days. However, in advance. Tenant agrees the event that any notice given by Landlord pursuant provision of this subparagraph is contrary to Paragraph 25(b)any applicable law, (i) such provision shall be of no force or effect; or (j4) above Tenant shall satisfy abandon the requirements Premises at any time during the Lease Term, or vacate the Premises for notice an extended period while failing to pay rent or perform other obligations under California Code the Lease, or provide a reasonable level of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingsecurity.
Appears in 1 contract
Sources: Lease Agreement (Logic Devices Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default on the part of Tenant ("Default"):
(this Lease by Tenant: a) The abandonment of the Premises Any failure by Tenant;
(b) Failure Tenant to pay any installment of Rent or rent under this Lease within five (5) business days after notice from Landlord that such rent is delinquent; b) A failure by Tenant to observe and perform any other monies due and payable hereunderprovision of this Lease to be observed or performed by Tenant, said where such failure continuing continues for a period of 10 calendar thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same is due;
cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; c) A The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and . Any notice given by Landlord to Tenant pursuant to California Civil Code 1161 with respect to any failure by Tenant to pay rent under this Lease on or before the date the rent is due shall not be required provide Tenant with a period of no less than ten (10) days to give any additional notice in order to be entitled to commence an unlawful detainer proceedingpay such rent or quit.
Appears in 1 contract
Sources: Lease Agreement (Therma Wave Inc)
Tenant’s Default. 24.1. The occurrence following shall be deemed a default by Tenant under the terms of any one this Lease (each of which shall be referred to individually as an "Event of Default" and collectively as "Events of Default").
(a) Failure by Tenant to pay the base rent and additional rent within five (5) days of when due.
(b) (g) Deleted
(h) The abandonment of the following events shall constitute an event Leased Premises by Tenant or permitting this Lease to be taken under a writ of default execution.
(i) Failure by Tenant to perform any other term, covenant, agreement or condition of this Lease on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing be performed for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from by Landlord to Tenant.
24.2. Upon the occurrence of an Event of Default, Tenant provided thatshall forfeit its security deposit, if Tenant has exercised reasonable diligence any, and Landlord shall, at its election, have the immediate right of re-entry to cure the Leased Premises and may remove all persons and property from the Leased Premises using such failure force as may be necessary, all without service of notice or resort to legal process and without being guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby. Any property removed from the Leased Premises and stored in a public warehouse or elsewhere shall be at the cost of and for the account of Tenant. Landlord acknowledges this Lease is subject to all FDIC and Federal Reserve Regulations in effect at time of default.
24.3. Should Landlord elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such failure cannot alterations and repairs as may be cured within necessary in order to relet the Leased Premises or any part thereof for such ten term or terms (10which may be for a term extending beyond the term of this Lease) day period despite reasonable diligenceand at such rent and upon such terms and conditions as Landlord, in its sole discretion, may deem advisable. Tenant Upon each such reletting all rents received by Landlord from such reletting shall not be in default under this subparagraph unless Tenant fails thereafter diligently and continuously applied, first, to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rentany indebtedness other than rent and other sums due hereunder from Tenant to Landlord; second, or to the payment of any costs and expenses of such reletting including brokerage fees and attorney's fees and costs of such alterations and repairs deemed by Landlord to be necessary for reletting; third, to the payment of rent and other periodic payments required sums due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the monthly rents to be received from such reletting are less than the monthly rents to be paid by Tenant hereunder, then Tenant shall pay such deficiency to Landlord. Such deficiency shall be calculated and payable at the time of the reletting, with Tenant paying the difference between any amounts due and payable under this LeaseLease for the balance of the term hereof, including this Paragraph 24.3, and the amount of total rent which will be received during the balance of the term of this Lease from the subletting. "Chronic Delinquency" No such re-entry or taking of the Leased Premises by Landlord shall mean failure be construed as an election on its part to terminate this Lease unless a written notice of such intention is given by Landlord to Tenant or unless the termination hereof is decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for any breach and, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises and attorney's fees, all of which amounts shall be immediately due and payable by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within Landlord. Within one (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12l) month periodafter the date originally fixed herein for the expiration of the term of this Lease, Landlord shall give a written statement to Tenant showing all sums received by Landlord by way of damages, claims and rents from Tenant and from others to whom the Leased Premises may have been relet, and all expenses incurred by Landlord with respect to securing said damages, claims, rents and reletting. In the event that Tenant has paid a greater sum of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided in money than is due as determined by the terms of this Lease, at then in such event Landlord will promptly refund to Tenant any such excess.
24.4. In the event that suit shall be brought for recovery of possession of the Leased Premises, for the recovery of rent of any other amount due under the provisions of this Lease or because of the breach of any other covenant herein contained on the part of Tenant to be kept or performed and a breach shall be established, Tenant shall pay to Landlord all expenses incurred therefor, including attorney's fees, as additional rent.
24.5. Tenant hereby waives trial by jury in any action, proceeding or 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 Leased Premises and/or any claim of injury or damage. In the event Landlord commences proceedings for non-payment of rent, Tenant will not interpose any counterclaim of whatsoever nature or description in any such proceeding except as such may be required by law to be interposed or forever lost. This shall not, however, be construed in any way as a waiver of Tenant's right to assert such claims in any separate action or actions brought by Tenant. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant's being evicted or dispossessed for any cause or the event of Landlord's option, Landlord shall have obtaining possession of the right to require that Rent be paid Leased Premises by reason of the violation by Tenant quarterlyof any of the covenants or conditions of this Lease or otherwise.
24.6. It is agreed that, for the purpose of any suit brought or based on this Lease, this Lease shall be construed to be a divisible contract, to the end that successive actions may be maintained on said Lease as successive periodic sums shall mature under this Lease, and it is further agreed that failure to include in advanceany suit or action any sum or sums then matured shall not be a bar to the maintenance of any suit or action for the recovery of said sum or sums so omitted, and Tenant agrees that it will not in any suit or suits brought on this Lease for a matured sum for which judgment has not previously been received, plead, rely on or urge as a bar to said suit or suits, the defense of res adjudicata, former recovery, extinguishment, merger, election of remedies or other similar defenses.
24.7. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy all property on the requirements for notice under California Code of Civil Procedure Section 1161Leased Premises, and Landlord for thirty (30) days after removal, shall not be required liable to give any additional notice distress for rent and Tenant waives the benefit of all laws exempting Tenant's property from levy and sale either on distress for said rent, or under execution of a judgment obtained in order to be entitled to commence an unlawful detainer proceedinga suit therefor.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event a default and breach of default on the part of this Lease by Tenant ("an “Event of Default"”):
(a) The abandonment of the Premises by Tenant;Tenant pursuant to Section 1951.3 of the California Civil Code.
(b) Failure The failure by Tenant to pay make any installment payment of Rent or to any other monies due payment required to be made by Tenant hereunder as and payable hereunderwhen due, said which such failure continuing shall continue for a period of five days following Tenant’s receipt of written demand from Landlord.
(c) Tenant’s failure to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Tenant, other than as described in Sections 24(a) or 24(b), where such failure shall continue for a period of 10 calendar days after written notice thereof by Landlord to Tenant; provided, however, that if the same nature of Tenant’s default is due;such that more than 10 days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within such 10-day period and thereafter diligently prosecutes such cure to completion; provided that such cure shall not be in excess of 120 days.
(cd) A The making by Tenant of any general assignment by Tenant or general arrangement for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing appointment of an involuntary petition by a trustee or a receiver to take possession of substantially all of Tenant's creditors’s assets located at the Premises or of Tenant’s interest in this Lease, said involuntary petition remaining undischarged for a period of sixty (60) where possession is not restored to Tenant within 60 days;
(e) Receivership, or the attachment, execution, or other judicial seizure of substantially all of Tenant's ’s assets on located at the PremisesPremises or of Tenant’s interest in this Lease, where such attachment seizure is not discharged in 60 days.
(e) The filing of any voluntary petition in bankruptcy by Tenant, or other seizure remaining undismissed or the filing of any involuntary petition by Tenant’s creditors, which involuntary petition remains undischarged for a period of sixty (60) days after 60 days. In the levy thereof;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.
(f) Failure of Tenant to execute and deliver to Landlord any estoppel certificateSelling, subordination agreementleasing, assigning, encumbering, hypothecating, transferring, or lease amendment within otherwise disposing of all or substantially all of the time periods and Tenant’s assets, except (I) as otherwise provided in this Lease or (2) without the manner required by Paragraph 30 prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or 31 or 40;delayed.
(g) An assignment If Tenant is a partnership or subleaseconsists of more than one person or entity, if any partner of the partnership or attempted assignment other person or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 24, unless such assignment or sublease entity is expressly conditioned upon Tenant having received Landlord's consent thereto;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided involved in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements the acts or obligations hereunder (except those failures specified as events of Default described in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (iSections 24(d) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding24(e).
Appears in 1 contract
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a default and breach of default on the part of Tenant ("Default"):this Lease by Tenant:
(a) The abandonment of Any failure by Tenant to pay the Premises rental or to make any other payment required to be made by Tenant hereunder, where such failure continues for ten (10) days after written notice thereof by Landlord to Tenant;
(b) Failure to pay any installment The abandonment or vacation of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
Premises by Tenant; (c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; (d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (Hadco Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event be a material default and breach of this Lease by Tenant. Any notice required by the terms of this Lease in connection with any such default on shall be in lieu of, and not in addition to, any notice required under Sections 1161, et seq., of the part California Code of Tenant ("Default"):Civil Procedure:
(a) The abandonment of the Premises by Tenant;
(b) Failure Tenant fails to pay any installment of Rent rent payment or to any other monies sum due under this Lease after the same shall be due and payable hereunderpayable, said and such failure continuing continues for a period of 10 calendar days after the same is due;
three (c3) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from Landlord to Tenant.
(b) 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 thatherein) after notice thereof from Landlord; provided, however, that if the term, condition, covenant, or obligation to be performed by Tenant has exercised reasonable diligence to cure is of such failure and such failure nature that the same cannot reasonably be cured within thirty (30) days and if Tenant commences such ten performance within said thirty-day (1030) day period despite reasonable diligence. Tenant and thereafter diligently undertakes to complete the same, then such failure shall not be in a default under this subparagraph unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; andhereunder if it is cured within sixty (60) days following Landlord's notice.
(jc) Chronic delinquency by Tenant in vacates, abandons, or fails to occupy the payment of RentPremises, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rentsubstantial portion thereof, for a continuous period of fourteen (14) days or more, whether or not the rent is paid.
(d) 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 or any other payments required to be paid by Tenant guarantor of Tenant's obligations under this Lease does not regain possession within sixty (560) calendar days after written notice such appointment); or Tenant 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).
(e) A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant or any guarantor of Tenant'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 for any 13 14 three within sixty (360) months (consecutive or nonconsecutive) during any twelve (12) month perioddays after the filing of the same. In the event that any provision of a Chronic Delinquencythis Subsection 20.1(e) is contrary to any applicable law, in addition to Landlord's such provision shall be of no force or effect.
(f) Any assignment, subletting, or other remedies transfer for Default provided in this Lease, at Landlord's option, which the prior written consent of the Landlord shall have the right to require that Rent be paid has not been obtained.
(g) Discovery of any false or misleading statement concerning financial information submitted by Tenant quarterly, or any guarantor of Tenant's obligations under this Lease to Landlord in advance. Tenant agrees that connection with obtaining this Lease or any notice given other consent or agreement by Landlord pursuant Landlord.
(h) Tenant's admission in writing its inability to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingpay its debts as they mature.
Appears in 1 contract
Sources: Office Space Lease (Cayenta Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event of a default on the part of Tenant ("Default"):under this Lease by Tenant:
(a) The the abandonment of the Premises by Tenant▇▇▇▇▇▇ as defined in California Civil Code Section 1951;
(b) Failure the failure by Tenant to pay make any installment payment of Rent or to any other monies due and payable payment required to be made by Tenant hereunder, said failure continuing for a period of 10 calendar within ten (10) days after the same is due▇▇▇▇▇▇'s receipt of written notice from Landlord that such payment was not received;
(c) A the failure by Tenant to observe or perform any of the express or implied covenants or provisions of this Lease to be observed or performed by Tenant, other than as specified in section (a) or (b) above, where such failure shall continue for a period of thirty (30) days after ▇▇▇▇▇▇'s receipt of written notice specifying in detail Tenant's failure to perform thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant shall commence such cure within said thirty (30) day period and thereafter diligently prosecute such cure to completion; and
(d) the making by Tenant of any general assignment by Tenant for the benefit of creditors;
, (dii) The the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless in bankruptcy by Tenant, the filing case of a voluntary petition for an arrangement, filed against the filing of a petition, voluntary or involuntary, for reorganization, or Tenant the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of same is dismissed within sixty (60) days;
), (eiii) Receivershipthe appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within sixty (60) days, or (iv) the attachment, execution or other judicial seizure of substantially all of Tenant's assets on located at the Premises, Premises or of Tenant's interest in this Lease where such attachment or other seizure remaining undismissed or undischarged for a period of is not discharged within sixty (60) days after the levy thereof;
(f) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingdays.
Appears in 1 contract
Sources: Lease (Ufp Technologies Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of a default on the part of by Tenant ("Default"):
under this Lease: (a) The Tenant's failure to pay when due any Rent required to be paid under this Lease if the failure continues for three (3) days after written notice of the failure from Landlord to 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 to Tenant; (c) 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 to Tenant; (d) Tenant's abandonment of the Premises, 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 Tenant;
law: (b1) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant or any guarantor of the Lease for the benefit of creditors;
; (d2) The the filing of a voluntary petition in bankruptcy by or against Tenant, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing case of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of proceeding) the proceeding is dismissed within sixty (60) days;
; (e3) Receivershipthe appointment of a trustee or receiver to take possession of all or substantially all the assets of Tenant or any guarantor, attachment, unless possession is unconditionally restored to Tenant or that guarantor within thirty (30) days and the trusteeship or receivership is dissolved; (4) any execution or other judicial judicially authorized seizure of all or substantially all the assets of Tenant's assets Tenant located on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have unless that seizure is discharged within thirty (30) days; (f) the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy committing of waste on the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.Premises; or
Appears in 1 contract
Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any one of the following events occurs:
(i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder within three (3) days from the date of Landlord's written notice to Tenant (which notice shall constitute an event the notice required under California Code of default on the part of Civil Procedure Section 1161) that such Rent or other sum is due, including, without limitation, any Excess Costs payable by Tenant ("Default"):under Exhibit C; or
(aii) The abandonment If Tenant fails to perform any term, covenant or condition of this Lease except those requiring the Premises by Tenant;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 30-day period; provided, however, that where such failure could not reasonably be cured within the 30-day period, that Tenant shall not be in default if it commences such performance within the 30-day period and diligently thereafter prosecutes the same to completion; or
(biii) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by If Tenant assigns its assets for the benefit of its creditors;; or
(div) The filing 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 voluntary petition in bankruptcy by return or release of such Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(v) If Tenant vacates or abandons the filing Premises; or
(vi) If a court makes or enters any decree or order other than under the bankruptcy laws of an involuntary the United States adjudging Tenant to be insolvent; or approving as properly filed a petition by seeking reorganization of Tenant's creditors, said involuntary petition remaining undischarged ; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of sixty (60) days;; or
(evii) ReceivershipIf, attachment, or other judicial seizure at any time that Landlord is also the owner 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises premises leased by Tenant contrary to under the provision of Paragraph 24Building 1 Lease and/or the Building 2 Lease, unless such assignment or sublease Tenant is expressly conditioned upon Tenant having received Landlord's consent thereto;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in Building 1 Lease and/or the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided in this Building 2 Lease, at Landlord's optionas applicable, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that beyond any applicable notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingcure period.
Appears in 1 contract
Sources: Lease Agreement (Excite Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar three (3) days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 4042;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes continues for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquencydelinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within three (53) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i25(i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.Procedure
Appears in 1 contract
Sources: Lease Agreement (PLX Technology Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar five (5) days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 4042;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs subparagraphs of this Paragraph 25, which shall be governed by such other Paragraphssubparagraphs), which failure constitutes continues for ten twenty (1020) calendar days after written notice thereof from Landlord to Tenant Tenant, provided that, if Tenant has ------------- exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten twenty (1020) day period despite reasonable diligence. , Tenant shall not be in default Default under this subparagraph unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquencydelinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within five (5) calendar days after written notice thereof the same is due for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (jsubparagraph 25(i) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Sublease Agreement (Scios Inc)
Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any one of the following events shall constitute an event of default on the part of Tenant ("Default"):occurs:
(ai) The abandonment If Tenant fails to pay Rent or any other sum required to be paid hereunder within five (5) days after receipt of written notice from Landlord that such sum is due; provided, however, that such notice shall be in lieu of, and not in addition to, the notice required pursuant to Section 1161 of the Premises by TenantCalifornia Code of Civil Procedure regarding unlawful detainer actions;
(bii) Failure If Tenant fails to pay perform any installment term, covenant or condition of Rent or this Lease except those requiring the payment of money, and Tenant fails to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar 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 is dueto completion;
(ciii) A general assignment by If Tenant assigns its assets for the benefit of its creditors;
(div) The filing 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 voluntary petition in bankruptcy by Tenant, the filing return or release of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganizationsuch Personal Property within sixty (60) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier;
(v) If Tenant fails to continuously or uninterruptedly conduct its business in the filing 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 an involuntary the United States adjudging Tenant to be insolvent; or approving as properly filed a petition by seeking reorganization of Tenant's creditors, said involuntary petition remaining undischarged ; or directing the winding up or liquidation of Tenant and such decree or order shall have continued 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease (Storage Dimensions Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a default and breach of default on this Lease by Tenant: a) Any failure by Tenant to pay the part of rental or to make any other payment required to be made by Tenant hereunder, where such failure continues for ten ("Default"):
(a10) days after written notice thereof by Landlord to Tenant; b) The abandonment or vacation of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(; c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease (Hadco Corp)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of this Lease by Tenant: a) Any failure by Tenant to pay the rental or to make any other payment required to be made by Tenant hereunder provided however, that Tenant may cure such default on by payment to Landlord of the part Base Monthly Rent or other sum due within ten (10) days after receipt by Tenant of Tenant ("Default"):
(awritten notice specifying Landlord has failed to receive the amount in question; b) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(; c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution or other judicial seizure of substantially all of Tenant's ’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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided ’s interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (Affymetrix Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default on the part of Tenant ("Default"):
this Lease by Tenant: (a) Any failure by Tenant to pay the rental or to make any other payment required to be made by Tenant hereunder, where such failure continues for five (5) days after receipt by Tenant of written notice of Landlord's failure to receive the payment in question; (b) The abandonment of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
; (c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; (d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed within sixty (60) days after the filing); the appointment of a voluntary petition for an arrangement, the filing trustee or receiver to take possession of a petition, voluntary or involuntary, for reorganization, or the filing substantially all of an involuntary petition by Tenant's creditorsassets located at the Premises or of Tenant's interest in this Lease, said involuntary petition remaining undischarged for a period of where possession is not restored to Tenant within sixty (60) days;
(e) Receivership, ; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets on located at the PremisesPremises or of Tenant's interest in this Lease, where such attachment or other seizure remaining undismissed or undischarged for a period of is not discharged within sixty (60) days after the levy thereof;
(f) Failure days. The notice requirements set forth herein are in lieu 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be provided that such notices are given in the manner required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingby such statute.
Appears in 1 contract
Sources: Lease Agreement (Aehr Test Systems)
Tenant’s Default. The occurrence of any one or more of the following events shall if uncured before the expiration of the cure periods set forth below, if any, will be a material default and breach of this Lease by Tenant (“Default”). Any notice required by the terms of this Lease in connection with any such default will be in lieu of, and not in addition to, any notice required under Sections 1161, et seq., of the California Code of Civil Procedure:
(a) Tenant fails to pay any Rent payment or other sum due under this Lease after the same will be due and payable, and such failure continues for a period of five (5) days after Tenant’s receipt of written notice thereof from Landlord; it being understood, however, that Tenant will only be given two (2) such notices and cure periods during the Term, and after the second (2nd) such notice given to Tenant by Landlord, any subsequent failure by Tenant to pay Rent and other sums due under this Lease as and when due will constitute an event of default a Default under this Lease without any requirement on the part of Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;Landlord to provide any further notice or opportunity to cure.
(b) Failure Tenant fails to pay perform or observe any installment of Rent term, condition, covenant, or obligation required to any other monies due and payable hereunder, said failure continuing be performed or observed by it under this Lease for a period of 10 calendar thirty (30) days after written notice thereof from Landlord (or such shorter time period as may be provided in this Lease); provided, however, that if the term, condition, covenant, or obligation to be performed by Tenant is of such nature that the same cannot reasonably be cured within thirty (30) days and if Tenant commences such performance within said 30-day period and thereafter diligently undertakes to complete the same, then such failure will not constitute a Default hereunder if it is due;cured within sixty (60) days following receipt of Landlord’s notice.
(c) A general 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 or any guarantor of Tenant’s obligations under this Lease does not regain possession within sixty (60) days after such appointment); or Tenant makes an assignment by Tenant 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).
(d) The filing of a voluntary A petition in bankruptcy by Tenantbankruptcy, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganizationinsolvency, or the filing of an involuntary petition for reorganization or arrangement is filed by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all against Tenant or any guarantor of Tenant's assets on the Premises’s obligations under this Lease pursuant to any federal or state statute, and, with respect to any such attachment petition filed against it, Tenant or other seizure remaining undismissed such guarantor fails to secure a stay or undischarged for a period of discharge thereof within sixty (60) days after the levy thereof;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 has not been obtained.
(f) Failure Discovery of any false or misleading statement concerning financial information submitted by Tenant to execute and deliver or any guarantor of Tenant’s obligations under this Lease to Landlord in connection with obtaining this Lease or any estoppel certificate, subordination agreement, other consent or lease amendment within the time periods and in the manner required agreement by Paragraph 30 or 31 or 40;Landlord.
(g) An assignment or sublease, or attempted assignment or sublease, Tenant’s admission in writing 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant its inability to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingits debts as they mature.
Appears in 1 contract
Sources: Lease Agreement (Ryland Group Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event a default and breach of default on the part of Tenant ("Default"):this Lease by Tenant:
(a) The abandonment failure by Tenant to make any payment of Rent or any other payment required to be made by Tenant hereunder as and when due, where such failure shall continue for a period of five (5) days after the Premises by due date; provided that, with respect to any Rent other than Base Rent, Tenant shall not be in default for failure to make the payment unless and until Tenant fails to make the payment with in ten (10) days after Tenant;’s receipt from Landlord of written notice and demand for payment.
(b) Failure Tenant’s failure to pay observe or perform any installment of Rent the covenants, conditions, or provisions of this Lease to any be observed or performed by Tenant, other monies due and payable hereunderthan as described in subparagraph (a) above, said where such failure continuing shall continue for a period of 10 calendar thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the same nature of Tenant’s default is due;such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30)-day period and thereafter diligently prosecutes such cure to completion.
(c) A The making by Tenant of any general assignment by Tenant or general arrangement for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing appointment of an involuntary petition by a trustee or a receiver to take possession of substantially all of Tenant's creditors’s assets located at the Premises or of Tenant’s interest in this Lease, said involuntary petition remaining undischarged for a period of sixty where possession is not restored to Tenant within thirty (6030) days;
(e) Receivership, or the attachment, execution, or other judicial seizure of substantially all of Tenant's ’s assets on located at the PremisesPremises or of Tenant’s interest in this Lease, where such attachment seizure is not discharged within thirty (30) days.
(d) The filing of any voluntary petition in bankruptcy by Tenant, or other seizure remaining undismissed or the filing of any involuntary petition by Tenant’s creditors, which involuntary petition remains undischarged for a period of sixty thirty (6030) days after the levy thereof;
(f) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month perioddays. 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 a Chronic DelinquencyTenant hereunder, such trustee or Tenant shall, in addition to Landlord's other remedies for Default provided 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, at Landlord's option, and provide to Landlord shall have such adequate assurances as may be necessary to ensure Landlord of the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice continued performance of Tenant’s obligation under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingthis Lease.
Appears in 1 contract
Tenant’s Default. The occurrence of A default under this Lease by Tenant shall exist if any one of the following events occurs:
(i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder within five (5) days from the date of Landlord’s written notice to Tenant (which notice shall constitute an event the notice required under California Code of default on the part of Tenant ("Default"):Civil Procedure Section 1161) that such Rent or other sum is due; or
(aii) The abandonment If Tenant fails to perform any term, covenant or condition of this Lease except those requiring the Premises by Tenant;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 30-day period; provided, however, that where such failure could not reasonably be cured within the 30-day period, that Tenant shall not be in default if it commences such performance within the 30-day period and diligently thereafter prosecutes the same to completion; or
(biii) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by If Tenant assigns its assets for the benefit of its creditors;; or
(div) The filing 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 voluntary petition in bankruptcy by return or release of such Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization’s Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(v) If Tenant abandons the filing Premises as determined under applicable California law; or
(vi) If a court makes or enters any decree or order other than under the bankruptcy laws of an involuntary the United States adjudging Tenant to be insolvent; or approving as properly filed a petition by seeking reorganization of Tenant's creditors, said involuntary petition remaining undischarged ; or directing the winding up or liquidation of Tenant and such decree or order shall have continued 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (Claria Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute an event a default and breach of default on the part of Tenant ("Default"):this Lease by Tenant.
(a) A. The vacating or abandonment of the Premises by Tenant;.
(b) Failure B. The failure by Tenant to pay make any installment payment of Rent rent or other payment required to any other monies due be made by Tenant, as and payable hereunderwhen due, said where such failure continuing shall continue for a period of 10 calendar ten (10) days after written notice by Landlord to Tenant.
C. The failure by Tenant to observe or perform any of the same is due;covenants, conditions or provisions of this Lease to be observed or performed by the Tenant, other than described in 19.B. above, where such failure shall continue for a period of thirty (30) days after written notice thereof by Landlord to Tenant; provided, that if the nature of Tenant's default Is such that more than thirty (30) days are reasonably required for Its cure, then Tenant shall not be deemed to be in default If Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion.
(c) A D. The making of Tenant of any general assignment by Tenant or general arrangement for the benefit of creditors;
(d) The ; or the filing by or against Tenant of a voluntary petition to have Tenant adjudged bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of same is dismissed with sixty (60) days;
; or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the premises or of Tenant's interest in this Lease, where possession is not restored to tenant within thirty (e30) Receivership, days; or attachment, execution or other judicial seizure of substantially all of Tenant's Tenants 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), where such seizure is not discharged within thirty (i30) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceedingdays.
Appears in 1 contract
Sources: Commercial Lease (Bioforce Nanosciences Holdings, Inc.)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default this Lease by Tenant: a) Any failure by Tenant to pay any rent under this Lease on or before the part of Tenant date such rent is due under this Lease which failure continues for five ("Default"):
(a5) days after written notice from Landlord to Tenant; b) The abandonment or vacation of the Premises by Tenant;
(b) Failure to pay any installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(: c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; d) The making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in bankruptcy by the case of a petition filed against Tenant, the filing same is dismissed after the filing); the appointment of a voluntary petition for an arrangementtrustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, the filing of a petition, voluntary or involuntary, for reorganization, where possession is not restored to Tenant within thirty (30) days; or the filing of an involuntary petition by Tenant's creditors, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within thirty (30) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and . Any notice given by Landlord to Tenant pursuant to California Code of Civil Procedure 1161 with respect to any failure by Tenant to pay rent under this Lease on or before the date the rent is due shall not be required provide Tenant with a period of no less than ten (10) days to give any additional notice in order to be entitled to commence an unlawful detainer proceedingpay such rent or quit.
Appears in 1 contract
Sources: Declaration of Reciprocal Easement, Easements and Covenants (Terayon Communication Systems)
Tenant’s Default. The occurrence Tenant shall be in default of this Lease upon the happening of any one of the following events shall constitute an event following:
A. Failure to pay the rent or any other sum required by the terms of default on this Lease within five (5) days after the part due date.
B. The commencement of any action or proceeding or the dissolution or liquidation of Tenant, or for the appointment of a receiver or trustee of Tenant's property, and the failure to discharge any such action within twenty (20) days.
C. The making of any assignment for the benefit of creditors, or if Tenant ("Default"):is declared bankrupt.
(a) D. The abandonment of the Premises by Tenant;.
(b) E. Failure to pay perform or observe any installment other term, covenant or condition of Rent or this Lease and the continuance therefore for twenty (20) days after written notice from Landlord. In addition to any other monies due and payable hereunderremedies contained herein the Landlord at his sole discretion may convert this Lease to a month-to-month lease if the Tenant has been in default for any rent or other amounts owned for over (30) days. Upon default, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by as hereinabove defined, Landlord, without notice to Tenant, may enter upon the filing of a voluntary petition for an arrangementPremises without terminating this Lease and do any acts which Landlord may deem necessary to cure such default, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) Failure of and Tenant agrees to execute and deliver to pay Landlord any estoppel certificatedamage and/or expense incurred thereby. Furthermore, subordination agreementupon default Landlord may, or lease amendment within the time periods and in the manner required by Paragraph 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for on ten (10) calendar days after advance written notice thereof to Tenant, terminate this Lease and, with or without legal process, take possession of the Premises and remove Tenant or any other occupant. Landlord shall be entitled to recover as damages from Landlord Tenant an amount equal to Tenant provided thatthe balance of all rent due to the end of the Lease term, if Tenant has exercised reasonable diligence to cure such failure together with all legal and such failure cannot be cured within such ten (10) day period despite reasonable diligenceother expenses incurred, including the cost of reletting the Premises. Tenant shall not be credited however, with any net amounts received by Landlord from the reletting of the Premises. No act of Landlord shall be considered an acceptance of a surrender of the Premises, unless in default under this subparagraph unless Tenant fails thereafter diligently and continuously writing. Landlord may maintain separate actions each month to prosecute recover the cure damages, without waiting to completion; and
(j) Chronic delinquency by Tenant in the payment end of Rent, or any other periodic payments required to be paid by Tenant under the term of this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Tenant’s Default. The occurrence It shall be an "Event of any one of the following events shall constitute an event of default on the part of Default" if (i) Tenant ("Default"):
(a) The abandonment of the Premises by Tenant;
(b) Failure fails to pay any monthly installment of Rent or to any other monies due and payable hereunder, said failure continuing for a period of 10 calendar days after the same is due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary charge or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) Failure payment required of Tenant hereunder (even though no legal or formal demand has been made therefor); (ii) Tenant violates or fails 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of perform any of Tenant's covenantsthe other conditions, covenants or agreements or obligations hereunder herein made by TENANT, AND SUCH VIOLATION OR FAILURE CONTINUES FOR A PERIOD OF FIFTEEN (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10I 5) calendar days after written notice thereof from Landlord to Tenant provided thatby Landlord; (iii) Tenant makes a general assignment for the benefit of its creditors or files a petition for bankruptcy or other reorganization, if liquidation, dissolution or similar relief; (iv) a proceeding is filed against Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten seeking any relief mentioned in the preceding clause; (10v) day period despite reasonable diligence. a trustee, receiver or liquidator is appointed for Tenant shall not be in default under this subparagraph unless or a substantial part of its property; (vi) Tenant fails thereafter diligently and continuously to prosecute vacates or abandons the cure to completion; and
Leased Premises (j) Chronic delinquency an absence of substantial activity by Tenant in the payment Leased Premises for more than 30 days to constitute such abandonment); or (vii) Tenant mortgages, assigns or otherwise encumbers its leasehold interest. If an Event of Default occurs, this Lease shall@ at the option of Landlord, cease and terminate and shall operate as a notice to quit (any written notice to quit, or of Landlord's intention to re-enter, being hereby expressly waived) and Landlord may proceed to recover the possession under and by virtue of the provisions of the laws of the State of Florida, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, the obligations herein contained on the part of Landlord to be performed shall cease without prejudice, subject however, to the right of Landlord to recover from Tenant all Rent and other charges accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default, the Leased Premises may be relet by Landlord, for such rent and upon such terms as Landlord is able to obtain, and, if the full rent shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, the deficiency in Rent, reasonable attorneys' fees, other collection costs and all expenses (including leasing fees) of placing the Leased Premises in first class rentable condition. Any damage or any other periodic payments required to loss sustained by Landlord may be paid recovered by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. 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 the right to require that Rent be paid by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or at the time of the reletting, (jii) above in separate action@,from time to time, as said damage shall satisfy have been made more easily ascertainable by successive relettings, (iii) be deferred until the requirements for notice under California Code expiration of Civil Procedure Section 1161the term of this Lease, and Landlord in which event the cause of action shall not be required deemed to give have accrued until the date of expiration of said term, or (iv) if Landlord is unable to find a new tenant for the Leased Premises within sixty days from termination of the Lease, Tenant shall immediately pay Landlord the present value (discounted at 10%) of all the Rent due for the remainder of the Ten-n (as if there had been no termination for cause) as liquidated damages. The provisions contained in the paragraph shall be in addition to and shall not prevent the enforcement of any additional notice in order claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exclusive of any other rights and remedies provided to be entitled to commence an unlawful detainer proceedingTenant.
Appears in 1 contract
Sources: Lease Agreement (Cobratec Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event a material default and breach of default on the part of Tenant ("Default"):this Lease by Tenant:
(a) The abandonment Any failure by Tenant to pay any rent under this Lease on or before the date such rent is due under this Lease or to restore the Security Deposits to the amounts required within the periods provided in the Lease after receipt of the Premises by Tenant;
written notice thereof; (b) Failure a failure by Tenant to pay any installment of Rent or to observe and perform any other monies due and payable hereunderprovision of this Lease to be observed or performed by Tenant, said where such failure continuing continues for a period of 10 calendar Thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that the same is due;
cannot reasonably be cured within such Thirty (30) day period Tenant shall not be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion; (c) A the making by Tenant of any general assignment by Tenant for the benefit of creditors;
(d) The ; the filing by or against Tenant of a voluntary petition in bankruptcy by filed against Tenant, the filing same is not dismissed within Sixty (60) days after the filing; the appointment of a voluntary petition for an arrangement, the filing trustee or receiver to take possession of a petition, voluntary or involuntary, for reorganization, or the filing substantially all of an involuntary petition by Tenant's creditorsassets located at the Premises or of Tenant's interest in this Lease, said involuntary petition remaining undischarged for a period of sixty where possession is not restored to Tenant within Sixty (60) days;
(e) Receivership, ; or the attachment, execution 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) 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 30 or 31 or 40;
(g) An assignment or sublease, or attempted assignment or sublease, of this Lease or located at 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar 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 unless Tenant fails thereafter diligently and continuously to prosecute the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month period. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided interest in this Lease, at Landlord's option, Landlord shall have where such seizure is not discharged within Sixty (60) days. The notice requirements set forth herein are in lieu of and not in addition to the right to require that Rent be paid notices required by Tenant quarterly, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and provided that such notices are given in the manner required by such statute. Any notice given by Landlord to Tenant pursuant to California Civil Code Section 1161 with respect to any failure by Tenant to pay rent under this Lease on or before the date the rent is due under this Lease shall not be required provide Tenant with a period of no less than Ten (10) days to give any additional notice in order to be entitled to commence an unlawful detainer proceedingpay such rent or quit.
Appears in 1 contract
Sources: Lease Agreement (Packeteer Inc)
Tenant’s Default. The occurrence of any one of the following events shall constitute an event of default on the part of Tenant ("Default"):
(a) The abandonment If Tenant fails to pay when due and without demand the Basic Annual Rent, Basic Monthly Rent, any other rent, or any installment of rent or any Additional Rent; if Tenant violates or fails or neglects to keep and perform any other obligation under the Lease; or if the Unit becomes vacant or deserted, at the option of Landlord, Tenant's right of possession shall thereupon expire. Landlord shall be then entitled to possession of the Premises Unit and to re-enter without demand of rent or demand of possession of the Unit and may forthwith proceed to recover possession of the Unit by Tenant;process of law, any notice to quit or intention to re-enter, and all rights of Tenant to notice being expressly waived.
(b) Failure to pay any installment If Landlord re-enters by process of Rent law or to any other monies due otherwise, Tenant shall remain liable for all damage, deficiency or loss of rent which Landlord may sustain by such re-entry, including reasonable attorneys' fees and payable hereundercourt costs. The parties agree that Landlord may relet the Unit for the benefit of Tenant, said failure continuing for a period in liquidation and discharge, in whole or in part, as the case may be, of 10 calendar days after the same is due;Tenant's liabilities.
(c) A general assignment If Landlord exercises its right to lease the Unit on behalf of Tenant, it may do so upon terms and conditions and for such rent as the Landlord may deem proper (including the right to lease all or part of the Unit for a greater or lesser rent than provided herein, or for a term greater or less than equal to the unexpired portion of the Lease Term) and to collect the rent and any other rent that may thereafter become payable. Neither the reletting by the Landlord nor Landlord's receipt of keys from Tenant for shall be deemed an acceptance of any attempted surrender of the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy Lease by Tenant, the filing of a voluntary petition for an arrangement, the filing of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by Tenant's creditors, 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) 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 30 or 31 or 40;
(g) 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;
(h) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 6 above;
(i) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other Paragraphs of this Paragraph 25, which . Nothing shall be governed by such other Paragraphs), which failure constitutes for ten (10) calendar days after written notice thereof from construed as obligating the 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 unless Tenant fails thereafter diligently and continuously to prosecute relet the cure to completion; and
(j) Chronic delinquency by Tenant in the payment of Rent, whole or any other periodic payments required to be paid by Tenant under this Lease. "Chronic Delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within (5) calendar days after written notice thereof for any 13 14 three (3) months (consecutive or nonconsecutive) during any twelve (12) month periodpart of the Unit. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided in this Lease, at Landlord's optionany entry or taking possession, Landlord shall have the right, but not obligation, to remove all or any part of the personal property located on the Unit and to place the same in storage at a public warehouse at the expense and risk the owner.
(d) All rights and remedies of Landlord under the Lease are cumulative and are not exclusive of any other rights and remedies provided to Landlord under applicable law. The exercise of any right to require that Rent or remedy shall not preclude the exercise of any other right or remedy.
(e) If, under the provisions hereof, Landlord gives notice of any default and a compromise or settlement thereof shall be paid by Tenant quarterlymade, in advance. Tenant agrees that any notice given by Landlord pursuant to Paragraph 25(b), (i) or (j) above shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord it shall not be required deemed a waiver of any breach of the Lease nor shall the waiver of any breach operate as a waiver of any subsequent breach. No provision of the Lease shall be deemed to give any additional notice have been waived by Landlord unless such waiver is in order writing signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly installments of rent provided by the Lease shall be deemed to be entitled other than on account of the earliest rent outstanding nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and the Landlord may accept any such check or payment without prejudice to commence an unlawful detainer proceedingthe Landlord's right to recover the balance of such rent or pursue any other remedy provided in the Lease.
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