Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease: 20.1 The abandonment of the Premises by Tenant. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effect; 20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that said payment is delinquent. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect. 20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences the cure of such failure and thereafter diligently prosecutes such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable discretion); 20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold; 20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or 20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Synplicity Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that on the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord of such failureLease. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined solely by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences commence the cure of such failure and thereafter diligently prosecutes prosecute such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety fifteen (9015) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable 's sole discretion);
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up tip of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Homegrocer Com Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectotherwise lapse;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five where such failure continues for three (53) business days after written notice from Landlord to Tenant that said payment is delinquentdue or past due; provided, any such written notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sections 1161 et seq. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other all similar or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.successor laws;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional RentRent and any other payment required hereunder) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an “SNDA”), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials or Tenant failing to timely make the repairs, maintenance or replacements required by Section 11.1, and (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period is not specified, within thirty (30shall be given to Tenant) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure. Any such written notice shall be in Landlord’s reasonable discretion);lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sections 1161, et seq. and all similar or successor laws; or
20.4 18.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian which appointment is not dismissed vacated within sixty (60) days of such appointmentdays, Tenant’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use leasehold unless such attachment, execution or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Leasejudicial seizure is vacated within sixty (60) days.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) business days after Landlord’s delivery of written notice from Landlord to Tenant that said payment is delinquentpast due. Tenant agrees that any such written notice delivered by Landlord shall, to the fullest extent permitted by law, serve as the statutorily required notice under applicable law. In addition to the foregoing, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.Lease;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional RentRent and any other payment required hereunder) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an “SNDA”), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials or Tenant falling to timely make the repairs, maintenance or replacements required by Section 11.1, and (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1, or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period is not specified, within thirty (30shall be given to Tenant) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or
20.4 18.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events ---------------- shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions and breach of this LeaseLease by Tenant:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse; provided, however, notwithstanding the foregoing Tenant may leave the Premises vacant so long as (i) Tenant fully insures or otherwise pays for any loss or damage thereto and (ii) all insurance policies carried by Landlord with respect to the Building are not invalidated, in whole or in part, nor would such insurance policies be caused to otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) days after the receipt of written notice from Landlord that said payment is delinquentdue; provided, Landlord shall only be required to give Tenant such written notice twice during any twelve (12) month period and, after the giving of such notices to Tenant, the failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder on the date said payment is due shall constitute a default and breach of this Lease by Tenant. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other than with respect to Hazardous Materials, and (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period. However, if any, specified Tenant shall not be in the applicable sections default of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, its obligations hereunder if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion)to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure;
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s debts 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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The intentional making of any material misrepresentation or omission by Tenant in any financial information or materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Shoe Pavilion Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material default (“Default”) by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by Tenant. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Base Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that on the date said payment is delinquent. due, following ten (10) days written notice to Tenant agrees with an opportunity to notice and service cure on the part of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.Tenant;
20.3 20.2 The failure by Tenant to observe, perform or comply with any of the terms, conditions, covenants or provisions of this Lease (except failure to make any payment of Base Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease orLease, or if no such time period is not specified, provided then within thirty (30) days after of Tenant’s receipt of written notice from Landlord of such failure. If failure from Landlord, provided that if such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any)) or such thirty (30) days period as the case may be, as reasonably determined solely by Landlord, Tenant shall not be deemed to be in default if Default as a result of such failure provided that Tenant has promptly commences commenced the cure of such failure and thereafter is diligently prosecutes and continuously prosecuting such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable discretion)completion;
20.4 20.3 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, leasehold; or
20.4 Tenant’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use leasehold which attachment, execution or storage of Hazardous Materials inother judicial seizure is not vacated, on released, rescinded, or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Leaseotherwise terminated within sixty (60) days.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) days after of Landlord's delivery of written notice from Landlord that said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other than with respect to Hazardous Materials, and (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period. However, if any, specified Tenant shall not be in the applicable sections default of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, its obligations hereunder if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion)to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure;
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about the Premises, the BuildingBuildings, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or;
20.6 The intentional making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease; or
20.7 A material default by Tenant of any of the terms, provisions or conditions of that certain Lease Agreement, of even date herewith, by and between Landlord and Tenant for the leasing by Tenant of those two (2) certain buildings situated within the Park and referred to as Buildings A and B (the "First Lease").
Appears in 1 contract
Sources: Lease Agreement (Cisco Systems Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that on the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.cffcct;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord of such failureLease. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined dctcrmincd solely by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences commence the cure of such failure and thereafter diligently prosecutes prosecute such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety fifteen (9015) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable 's sole discretion);
20.4 The making nuking of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating rclating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s ▇▇▇▇▇▇▇ assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's affairs, the cessation or suspension of Tenant's use of the Pren-dses, or the attachment, attachment@ execution or other judicial seizure of substantially all of Tenant’s 's assets or this leaseholdleaschold;
20.5 Tenant’s Tenanfs use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation inatcrial mimprescritation or omission ornission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this LeaseLcasc.
Appears in 1 contract
Sources: Lease Agreement (Third Enterprise Service Group Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectotherwise lapse;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) business days after Landlord’s delivery of written notice from Landlord to Tenant that said payment is delinquentpast due. Tenant agrees that any such written notice delivered by Landlord shall, to the fullest extent permitted by law, serve as the statutorily required notice under applicable law. In addition to the foregoing, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effectLease.
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional RentRent and any other payment required hereunder) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an “SNDA”), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials or Tenant failing to timely make the repairs, maintenance or replacements required by Section 11.1, and (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1, or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period is not specified, within thirty (30shall be given to Tenant) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In soon as is reasonably possible, but in no event or circumstance shall Tenant have more the completion of such cure be later than ninety (90) days after the date on which Landlord delivers to complete any Tenant written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or
20.4 18.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s insolvency or inability to pay Tenant’s Tenants debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Alphasmart Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder within five (5) days after written notice from Landlord that of the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform perform, or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within fifteen (15) calendar days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to Hazardous Materials, and (ii) ten (10) calendar days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period. However, if any, specified Tenant shall not be in the applicable sections default of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, its obligations hereunder if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such fifteen (if any)15) or ten (10) calendar day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion)to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failures;
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.,
Appears in 1 contract
Sources: Lease Agreement (Phase Metrics Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned or vacated the Premises, while Tenant agrees to notice and service of notice as provided for is in this Lease and waives any right to the service default of any other or further notice which Tenant may have obligation under any statute or law now or hereafter in effectthis Lease;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) business days after Landlord’s delivery of written notice from Landlord to Tenant that said payment is delinquentpast due. Tenant agrees that any such written notice delivered by Landlord shall, to the fullest extent permitted by law, serve as the statutorily required notice and service under applicable law provided that such notice is served in accordance with California Code of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.Civil Procedure Section 1162;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within ten thirty (1030) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof) or (b) the timely delivery by Tenant of an SNDA, a counterpart of a fully executed Transfer document and a consent thereto (collectively, the “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) fifteen (15) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials and (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which an additional cure period is not specified, within thirty of three (303) business days after notice from Landlord of such failure. If such failure is susceptible of cure but shall be given to Tenant) cannot reasonably be cured within the aforementioned time period such thirty (if any)30)- day period, as reasonably determined by Landlord, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In soon as is reasonably possible, but in no event or circumstance shall Tenant have more the completion of such cure be later than ninety (90) days after the date on which Landlord delivers to complete any Tenant written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or
20.4 18.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability to pay Tenant’s debts or failure generally to pay Tenant’s debts when dueleasehold, 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Linkedin Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effect;otherwise lapse.
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that on the date said payment is delinquent. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.due;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 29 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement, an assignment or sublease agreement, an estoppel certificate and insurance certificates, (ii) ten (10) business days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials or Tenant failing to timely make the repairs, maintenance or replacements required by Section 11.1, and (iiiii) within the time period, if any, period specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1, or timely deliver a subordination, non-disturbance and attornment agreement, an assignment or sublease agreement, an estoppel certificate or insurance certificates, for which no additional cure period is not specified, within thirty (30shall be given to Tenant) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) business day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion)to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure;
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about any portion of the Premises, the Building, the Lot and/or Premises or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The intentional making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Tenant’s Default. This Lease is conditioned upon Tenant's faithful and punctual performance of all obligations, covenants, conditions, rules, regulations and agreements set forth in this Lease Agreement AND IN ALL OTHER LEASE AGREEMENTS BETWEEN THE PARTIES FOR PROPERTIES WITHIN THE COMPLEX WHICH ARE NOT COVERED BY THIS LEASE, IF ANY, IN PRESENT FORM OR AS modified from time to time where permitted or reserved. Tenant default(s) shall constitute a breach of this Lease, in addition to any rights or remedies under Maryland law. By way of example rather than limitation, Tenant shall be in default by: (1) failure to pay the Base Rent, Additional Rent and/or other charges herein reserved as Rent, on the days and time and at the place the same are due (subject to a late charge of 5% of Rent and the grace periods stated herein; (2) failure to cure any non-monetary Tenant obligation, except holding over, within fifteen (15) days of written notice from Landlord; (3) failure to reimburse Landlord for cure of Tenant default within fifteen (15) days of demand for repayment; (4) failure to restore the security deposit; (5) failure to abide by and enforce rules and regulations after fifteen (15) days written notice to cure or comply; (6) failure to maintain the required Tenant insurance; (7) permitting an unauthorized assignment or sublet; (8) failure to comply with any zoning requirements or violation notices; (9) failure to comply with any building code, fire code, health code or similar regulations issued by a duly authorized governmental agency or authority; or (10) otherwise expose the Landlord to sanctions, tortuous claim or contractual claim not insured under Landlord's casualty and liability insurance or expressly consented to by the Landlord; or (11) DEFAULTING ON ANY PROVISION OF ANY LEASE AGREEMENT BETWEEN THE PARTIES (LANDLORD AND TENANT) FOR PROPERTIES WITHIN THE COMPLEX. It is further understood and agreed that the Landlord's acceptance of Rent or any other consideration shall not be deemed as an accord and satisfaction and Landlord shall have the absolute discretion to apply same against any sum for any period or any reason due hereunder without the same constituting a release of any other sums remaining due and unpaid and without release of any claims for Tenant's default. The occurrence of failure to insist in any one or more instances upon the performance of any of the following events shallcovenants and conditions of this Lease Agreement whether same constitutes a Tenant default, at shall not be construed as thereafter waiving or relinquishing the Landlord’s option's right to performance of any such covenants, constitute conditions, rights or privileges, and same shall continue and remain in full force and effect and without waiver of default. Landlord's liability under a material Landlord default by shall be limited to Landlord's interest in the Facility only. The parties agree that Tenant shall have the right to dispute any additional charges of the Landlord. However, such dispute shall not relieve Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by Tenant. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that said payment is delinquent. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences the cure of such failure and thereafter diligently prosecutes such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable discretion);
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability obligation to pay Tenant’s debts or failure generally to pay Tenant’s debts when duesuch amounts, 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Leasepending settlement.
Appears in 1 contract
Sources: Purchase Agreement (United American Healthcare Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectotherwise lapse;
20.2 The occurrence of two (2) or more non-material defaults during any one calendar year, or four (4) or more material defaults during the Term;
20.3 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder within five (5) days after for written notice from (such notice being in lieu of any notice required by California Code of Civil Procedure Section 1161). Landlord that said payment is delinquent. may, by written notice to Tenant, require Tenant agrees to notice and service of notice as provided for in this Lease and waives pay any right to any other late Rent with a cashier’s check or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.by wire transfer;
20.3 20.4 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within ten thirty (1030) days of from the date on which Landlord that ▇▇▇▇▇▇▇▇ delivers written notice of such failure to Tenant for all failures in any way related other than with respect to Hazardous Materials; the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an “SNDA”), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the “Transfer Documents”), an estoppel certificate or insurance certificates, and (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period is not specified, within thirty (30shall be given to Tenant) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or
20.4 20.5 The making of a general assignment by Tenant ▇▇▇▇▇▇ for the benefit of creditors, the filing of a voluntary petition by Tenant ▇▇▇▇▇▇ or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant▇▇▇▇▇▇’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that on the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other than with respect to Hazardous Materials, and (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period. However, if any, specified Tenant shall not be in the applicable sections default of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, its obligations hereunder if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined solely by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences commence the cure of such failure such thirty (30) or ten (10) day period, as applicable, and Tenant promptly commences, and thereafter diligently prosecutes prosecute such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety sixty (9060) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s 's reasonable discretionjudgment);.
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Pri Automation Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectotherwise lapse;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) business days after Landlord's delivery of written notice from Landlord to Tenant that said payment is delinquentpast due. Tenant agrees that any such written notice delivered by Landlord shall, to the fullest extent permitted by law, serve as the statutorily required notice and service under applicable law provided that such notice is served in accordance with California Code of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.Civil Procedure Section 1162;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within ten fifteen (1015) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof) or (b) the timely delivery by Tenant of an SNDA, a counterpart of a fully executed Transfer document and a consent thereto (collectively, the "Transfer Documents"), an estoppel certificate and insurance certificates, (ii) fifteen (15) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials and (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which an additional cure period is not specified, within thirty of three (303) business days after notice from Landlord of such failure. If such failure is susceptible of cure but shall be given to Tenant) cannot reasonably be cured within the aforementioned time period such fifteen (if any)15) "day" period, as reasonably determined by Landlord, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or
20.4 18.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability to pay Tenant’s debts or failure generally to pay Tenant’s debts when dueleasehold, any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant’s 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Loudcloud Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse; provided, however, notwithstanding the foregoing, Tenant may leave the Premises vacant so long as (i) Tenant fully insures or otherwise pays for any loss or damage thereto, and (ii) all insurance policies carried by Landlord with respect to the Building are not invalidated, in whole or in part, nor would such insurance policies be caused to otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) business days after Tenant's receipt of written notice from Landlord that said payment is delinquentdue. Tenant agrees that such written notice by Landlord shall serve as the statutorily required notice under the Law (including, without limitation, any unlawful detainer statutes) and Tenant further agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other than with respect to Hazardous Materials, and (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period. However, if any, specified Tenant shall not be in the applicable sections default of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, its obligations hereunder if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion)to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure;
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this LeaseLease and knowingly made.
Appears in 1 contract
Sources: Lease Agreement (Ditech Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant of the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute stature or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that on the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute stature or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord of such failureLease. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined solely by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences commence the cure of such failure and thereafter diligently prosecutes prosecute such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety fifteen (9015) days to complete any such cure, unless otherwise expressly agreed agree to in writing by Landlord (in Landlord’s reasonable 's sole discretion);
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or of omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Tenant’s Default. The occurrence A “default” shall be defined for all purposes of the Lease as follows:
(a) Failure to make due and punctual payment of any one Base Rent or more other sums payable under this Lease when and as the same shall become due and such failure shall continue for a period of the following events shall, at Landlord’s option, constitute a material default ten (10) days after receipt by Tenant of written notice thereof; or
(b) Failure by the provisions Tenant to maintain the insurance required hereunder, and such failure is not cured within ten (10) days after receipt by Tenant of this Lease:written notice thereof,
20.1 The abandonment (c) Failure by the Tenant in the performance or compliance with any of the Premises agreements, terms, covenants or conditions in this Lease other than those referenced in the foregoing subparagraph (a) or (b), and such failure shall not be cured within a period of thirty (30) days after written notice by the Landlord to the Tenant specifying the failure, or, in the case of a failure which cannot with due diligence be cured within said thirty (30) day period, if the Tenant fails to commence within said thirty (30) day period the steps necessary to cure the same and thereafter to prosecute the cure of such failure with due diligence, provided that such cure is in any event effected within seventy-five (75) days; or
(d) If the Tenant shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or if there shall be appointed a receiver or trustee of all or substantially all of the property of the Tenant. In , or if the event Tenant has abandoned or vacated shall make an assignment for the benefit of creditors; or
(e) If the Tenant shall vacate the Premises, Tenant agrees to notice and service any such condition shall continue for a period of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five twenty (520) days after written notice from Landlord the Landlord, provided that said payment it shall not be a “default” so long as (i) all Rent is delinquentbeing timely paid, (ii) the Premises are being maintained as a first-class office building, and (iii) no waste or security problems occur as a result of such vacation. Tenant agrees to notice and service Upon the occurrence of notice as provided for one or more events of default, in this Lease and waives any right addition to any other rights or remedies the Landlord may have, the Landlord shall have the right to immediately re-enter and regain possession of the Premises and to exclude the Tenant from further use, occupancy, and enjoyment thereof. In particular, but not by way of limitation, the Landlord may in the event of such uncured default, remove all persons and property from the Premises and may store such property in a public warehouse or elsewhere at the cost of and for the account of the Tenant, all as may be permitted by applicable law. Should the Landlord elect to re-enter, as provided herein, or should the Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law, this Lease shall terminate. The Landlord shall use reasonable efforts to relet the Premises or any part thereof for such term or terms which may be for a term extending beyond the term of service this Lease, and at such rental and upon such other terms and conditions as the Landlord, reasonably deems advisable. Upon such reletting, all rental thereby received by the Landlord shall be applied: first, to the payment of notice which Tenant any reasonable costs and expenses of such reletting, including brokerage fees and attorneys’ fees, and costs of any such alterations and repairs as the Landlord may have under make to facilitate such re-rental; second, to the payment of any statute Base Rent or law now or hereafter in effect.
20.3 The failure by other amounts due hereunder from the Tenant to observethe Landlord; and, perform or comply with any of third, the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time periodresidue, if any, specified shall be held by the Landlord and applied in payment of future rent as the applicable sections of same may become due and payable hereunder. If such rent received from such reletting during any month be less than that to be paid during the month by the Tenant hereunder, the Tenant shall pay any such deficiency to the Landlord, Should the Landlord at any time terminate this Lease with respect to subordinationfor any default, assignment and sublease, estoppel certificates and insurance; or (iii) with respect in addition to any other remedies it may have, the Landlord may within twelve (12) months after such failuretermination upon notice to the Tenant, within elect to recover, in lieu of other damages, from the time period required under Tenant all damages the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord may incur by reason of such failure. If such failure is susceptible default, including the costs of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences the cure of such failure and thereafter diligently prosecutes such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable discretion);
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about recovering the Premises, reasonable attorneys’ fees, together with the Buildingworth at the time of such termination of the excess, if any, of the Lot and/or the Park amount of rent and other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission sums payable by Tenant in hereunder for the remainder of the then current term (without any materials delivered by or on behalf extension) over the then reasonable rental value of the Premises for the remainder of such term, all of which amounts shall be immediately due and payable from the Tenant to Landlord pursuant the Landlord. Notwithstanding anything to the contrary in this Lease, neither party shall be liable to the other for any speculative, punitive or consequential damages.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectotherwise lapse;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) days after written notice from Landlord that said such payment is delinquent. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.overdue;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional RentRent and any other payment required hereunder) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an “SNDA”), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; , and (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences the cure of such failure and thereafter diligently prosecutes such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable discretion);
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.applicable
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectotherwise lapse;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder hereunder, or to fulfill any obligation under this Lease which endangers or threatens imminent damage or injury to life or property, within five (5) business days after of receipt of written notice from Landlord that said payment such amount is delinquent. Tenant agrees past due or of such failure to notice and service of notice as provided for in this Lease and waives fulfill any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.obligation;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, which endangers or threatens imminent damage or injury to life or property, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an "SNDA"), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the "Transfer Documents"), an estoppel certificate and insurance certificates, (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials or Tenant failing to timely make the repairs, maintenance or replacements required by Section 11.1 which endangers or threatens imminent damage or injury to life or property, and (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1 which endangers or threatens imminent damage or injury to life or property, or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period is not specified, within thirty (30shall be given to Tenant) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In soon as is reasonably possible, but in no event or circumstance shall Tenant have more the completion of such cure be later than ninety (90) days after the date on which Landlord delivers to complete any Tenant written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or
20.4 18.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (New Focus Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that on the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord of such failureLease. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as determined reasonably determined by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences commence the cure of such failure and thereafter diligently prosecutes prosecute such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety sixty (9060) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable 's sole discretion);
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectotherwise lapse;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) days after of written notice from Landlord that said payment is delinquentof a delinquency. Tenant agrees that such written notice by Landlord shall serve as the statutorily required notice under the Law (including without limitation, any unlawful detainer statutes),and ▇▇▇▇▇▇ further agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.effect on the date said payment is due;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an "SNDA"), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the "Transfer Documents"), an estoppel certificate and insurance certificates, (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials or Tenant failing to timely make the repairs, maintenance or replacements required by Section 11.1, and (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1, or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period is not specified, within thirty (30shall be given to Tenant) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or
20.4 18.4 The making of a general assignment by Tenant ▇▇▇▇▇▇ for the benefit of creditors, the filing of a voluntary petition by Tenant ▇▇▇▇▇▇ or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s ▇▇▇▇▇▇'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 's assets, Tenant ▇▇▇▇▇▇ taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five within three (53) days after written notice from Landlord that of the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant, complying with the notice requirements of Section 31.10 hereof, for all failures other than with respect to Hazardous Materials, and (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period. However, if any, specified Tenant shall not be in the applicable sections default of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, its obligations hereunder if such time period is not specified, within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time such thirty (30) or ten (10) day period (if any)as applicable, as reasonably determined by Landlord, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than forty five (45) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion)to a longer 13 14 period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure;
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s debts 's debt when due, any court entering a decree or order directing the winding up or liquidation of Tenant or of substantially all of Tenant’s 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or of storage of Hazardous Materials in, on or about the Premises, Premises and/or the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Sources: Lease Agreement (Jabil Circuit Inc)
Tenant’s Default. The occurrence of any one or more of the following events events, and the continuance thereof beyond any applicable notice and cure period, shall, at Landlord’s option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment of the Premises by Tenant. In Tenant within the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service meaning of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectCalifornia Civil Code Section 1951.3;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder on the date said payment is due and such failure is not cured within five (5) days after of the date on which Landlord delivers written notice from Landlord that said payment is delinquentof such failure to Tenant. Tenant agrees that any such written notice delivered by Landlord shall, to the fullest extent permitted by law, serve as the statutorily required notice and service under applicable law, provided that any such notice conforms-with the requirements of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.applicable law;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof (where such failure results in a threat of imminent harm to persons or property), or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an “SNDA”), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the “Transfer Documents”), an estoppel certificate and insurance certificates, (ii) ten (10) business days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials or Tenant failing to timely make the repairs, maintenance or replacements required by Section 11.1 (iiwhere such failure results in a threat of imminent harm to persons or property), and (iii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure. However, within the time period required under the provisions Tenant shall not be in default of this Lease or, its obligations hereunder if such time period is not specifiedfailure (other than any failure of Tenant to timely and properly make the repairs, within thirty maintenance, or replacements required by Section 11.1 (30) days after notice from Landlord of such failure. If where such failure is susceptible results in a threat of imminent harm to persons or property), or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure but period shall be given to Tenant) cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) business day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In soon as is reasonably possible, but in no event or circumstance shall Tenant have more the completion of such cure be later than ninety (90) days after the date on which Landlord delivers to complete any Tenant written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);
20.4 The making to a longer period of a general assignment by Tenant for time based upon the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law circumstances relating to bankruptcy, insolvency or other relief such failure as well as the nature of debtors and, in the case of an involuntary action, the failure and the nature of the actions necessary to remove or discharge the same within sixty (60) days of cure such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability to pay Tenant’s debts 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leaseholdfailure;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s option, constitute a material Tenant shall be in default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by Tenant. In the event Lease if (a) Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant fails to make any payment of Base Rent, Additional Rent or any other payment required hereunder five amounts payable by Tenant under this Lease, except as otherwise allowed herein, when due under this Lease and such failure continues uncured for a period of ten (510) days after written notice from of such default has been given by Landlord to Tenant; provided, however, that said payment is delinquent. Tenant agrees Landlord shall not be required to notice and service of notice as provided for in this Lease and waives any right to any other or further give such notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except a failure to make pay more than two times during any twelve month period, or (b) if Tenant shall violate or fail in the performance of any covenants, agreements, stipulations or other conditions contained herein (other than the payment of Base Rent, Additional Rent and/or Additional Rentor other amounts due) and such violation or failure is not cured continues for a period of thirty (i) within ten (1030) days of the date on which Landlord delivers after written notice of such failure violation or default has been given by Landlord to Tenant for all failures or, in any way related to Hazardous Materials; the case of a default not curable within thirty (ii30) within the time perioddays, if any, specified in Tenant shall fail to commence to cure the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, same within thirty (30) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined by Landlord, Tenant shall not be deemed and thereafter proceed diligently to be in default if Tenant promptly commences complete the cure of such failure and thereafter diligently prosecutes such cure thereof, not to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable discretion);
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within exceed sixty (60) days days. In the event Tenant’s failure relates to a payment, at Landlord’s option and without waiving any other right of such filingLandlord, the appointment unpaid amount shall bear interest from the due date to the date of a receiver or other custodian to take possession of substantially all of Tenant’s assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointment, Tenant’s insolvency or inability to pay Tenant’s debts or failure generally to pay Tenant’s debts when due, any court entering a decree or order directing payment at 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, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this LeaseInterest Rate.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 18.1 The abandonment (as statutorily defined) of the Premises by Tenant. In Tenant or the event vacation of the Premises by Tenant has abandoned which would cause any insurance policy to be invalidated or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice which Tenant may have under any statute or law now or hereafter in effectotherwise lapse;
20.2 18.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder within five (5) days after Landlord's delivery of written notice from Landlord to Tenant that said payment is delinquentpast due. Tenant agrees that any such written notice delivered by Landlord, to the fullest extent permitted by Law, shall serve as the statutorily required notice and service of notice as provided for in this Lease and waives any right to any other or further notice of service of notice which Tenant may have under any statute or law now or hereafter in effect.applicable Law;
20.3 18.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured within (i) within thirty (30) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures other than with respect to (a) Hazardous Materials (defined in Section 27 hereof), (b) Tenant making the repairs, maintenance and replacements required under the provisions of Section 11.1 hereof, or (c) the timely delivery by Tenant of a subordination, non-disturbance and attornment agreement (an "SNDA"), a counterpart of a fully executed Transfer document and a consent thereto (collectively, the "Transfer Documents"), an estoppel certificate and insurance certificates, (ii) ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; Materials or Tenant failing to timely make the repairs, maintenance or replacements required by Section 11.1, (iiiii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; , and (iv) Tenant's use of the Premises which will increase the existing rate of or (iii) with respect to affect any policy of fire or other such failureinsurance upon the Building or any of its contents, within the time period or cause a cancellation of any insurance policy as required under the provisions by Section 9.2 herein. However, Tenant shall not be in default of this Lease or, its obligations hereunder if such time failure (other than any failure of Tenant to timely and properly make the repairs, maintenance, or replacements required by Section 11.1, or timely deliver an SNDA, the Transfer Documents, an estoppel certificate or insurance certificates, for which no additional cure period is not specified, within thirty (30shall be given to Tenant) days after notice from Landlord of such failure. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period such thirty (if any)30) or ten (10) day period, as reasonably determined by Landlordapplicable, Tenant shall not be deemed to be in default if and Tenant promptly commences the cure of such failure commences, and thereafter diligently prosecutes such proceeds with same to completion, all actions necessary to cure to completion within the time period specified by Landlord in any written notice regarding such failure as may soon as is reasonably possible, but in no event shall the completion of such cure be delivered later than sixty (60) days after the date on which Landlord delivers to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety (90) days to complete any written notice of such curefailure, unless Landlord, acting reasonably and in good faith, otherwise expressly agreed to agrees in writing by Landlord (in Landlord’s reasonable discretion);to a longer period of time based upon the circumstances relating to such failure as well as the nature of the failure and the nature of the actions necessary to cure such failure; or
20.4 18.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
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Sources: Lease Agreement (Abaxis Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, Additional Rent or any other payment required hereunder five (5) days after written notice from Landlord that on the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease or, if such time period is not specified, within thirty (30) days after notice from Landlord of such failureLease. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as reasonably determined dctcrmincd solely by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences commence the cure of such failure and thereafter diligently prosecutes prosecute such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety fifteen (9015) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable 's sole discretion);
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating rclating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s Tenanes assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s ▇▇▇▇▇▇'s insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 Tenanes assets, Tenant taking any action ▇▇▇▇▇▇ toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Pren-dses, or the attachment, attachment@ execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s Tenants use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
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Tenant’s Default. The occurrence of any one or more of the following events ---------------- shall, at Landlord’s 's option, constitute a material default by Tenant of the provisions of this Lease:
20.1 The abandonment of the Premises by TenantTenant or the vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse. In the event Tenant has abandoned or vacated the Premises, Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to the service of any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
20.2 The failure by Tenant to make any payment of Rent, . Additional Rent or any other payment required hereunder five within three (53) days after receipt of written notice from Landlord that hereunder on the date said payment is delinquentdue. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice of or service of notice which Tenant may have under any statute or law now or hereafter in effect.;
20.3 The failure by Tenant to observe, perform or comply with any of the conditions, covenants or provisions of this Lease (except failure to make any payment of Rent and/or Additional Rent) and such failure is not cured (i) within ten (10) days of the date on which Landlord delivers written notice of such failure to Tenant for all failures in any way related to Hazardous Materials; (ii) within the time period, if any, specified in the applicable sections of this Lease with respect to subordination, assignment and sublease, estoppel certificates and insurance; or (iii) with respect to any other such failure, within the time period required under the provisions of this Lease Lease, or, if such no time period is not specifiedrequired, within thirty fifteen (3015) days after notice from Landlord of such failuredays. If such failure is susceptible of cure but cannot reasonably be cured within the aforementioned time period (if any), as determined solely but reasonably determined by Landlord, Tenant shall not be deemed to be in default if Tenant promptly commences commence the cure of such failure and thereafter diligently prosecutes prosecute such cure to completion within the time period specified by Landlord in any written notice regarding such failure as may be delivered to Tenant by Landlord. In no event or circumstance shall Tenant have more than ninety fifteen (9015) days to complete any such cure, unless otherwise expressly agreed to in writing by Landlord (in Landlord’s reasonable 's sole discretion);, unless the nature of such cure shall require more than fifteen (15) days and Tenant commences the cure within the fifteen (15) day period and thereafter diligently prosecutes the cure to completion.
20.4 The making of a general assignment by Tenant for the benefit of creditors, the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s 's creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian to take possession of substantially all of Tenant’s 's assets or this leasehold where such receiver or custodian is not dismissed within sixty (60) days of such appointmentleasehold, Tenant’s 's insolvency or inability to pay Tenant’s 's debts or failure generally to pay Tenant’s '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 's assets, Tenant taking any action toward the dissolution or winding up of Tenant’s 's affairs, the cessation or suspension of Tenant's use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s 's assets or this leasehold;
20.5 Tenant’s 's use or storage of Hazardous Materials in, on or about the Premises, the Building, the Lot and/or the Park other than as expressly permitted by the provisions of Section 29 below; or
20.6 The making of any material misrepresentation or omission by Tenant in any materials delivered by or on behalf of Tenant to Landlord pursuant to this Lease.
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