Tenant’s Default. The failure by Tenant to perform any one or more of the following obligations shall constitute a default hereunder by Tenant: (1) If Tenant abandons all or a substantial portion of the Premises; (2) If Tenant fails to pay any rent or other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended; (3) If Tenant involuntarily transfers Tenant's interest in this Lease or voluntarily transfers (attempted or actual) its interest in this Lease, without Landlord's prior written consent; (4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty (60) days; (5) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property; (6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof; (7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien; (8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice; (9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or (10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:tenant.
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;, or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is due and payable, or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days alter written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant’s Property, or
e. If tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Leasecreditors, without Landlord's prior written consent;or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;, or Initials Initials
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or
(6) h. If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Office Building Lease (Unify Corp)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;Premises and stops paying rent
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If ▇▇▇▇▇▇ makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion vacates the Premises FOR MORE THAN 10 DAYS accompanied by non-payment of the Premises;Rent; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant’s Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five sixty (45 60) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five sixty (45 60) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1a) If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2b) If Tenant fails to pay when due any rent Rent or any other charges amounts required to be paid by Tenant under this Lease Lease; or
(c) Tenant fails to perform any other covenant, agreement or obligation contained in this Lease, and such failure continues for three thirty (330) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;or
(3d) If Tenant involuntarily transfers A writ of attachment or execution is levied on Tenant's interest in this Lease or voluntarily transfers (attempted or actual) its interest in under this Lease, without Landlord's prior written consent;; or
(4e) If Tenant makes a general assignment for the benefit of creditor, or provides for an arrangement, composition, extension or adjustment with its creditors; or
(f) Tenant files a voluntary petition for relief under the U.S. Bankruptcy Code or if any other federal or state bankruptcy, insolvency or debtor relief laws (collectively, "Insolvency Laws"), or a petition for relief is filed against Tenant in a proceeding under the Federal Bankruptcy any Insolvency Laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty (60) days;
(5) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10g) The occurrence Appointment of a default under that certain lease receiver, trustee, custodian or other person to take possession of even date herewith between Landlord, as landlord, and all or substantially all of Tenant's assets; or
(h) Commencement of proceedings for winding up or dissolving (whether voluntary or involuntary) Tenant, as tenantif Tenant is a corporation, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feetpartnership or limited liability company.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted any of Tenant’s Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion vacates the Premises accompanied by non-payment of the Premises;Rent; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to TenantTenant unless such failure is not susceptible of cure within such 30 days and Tenant is diligently pursuing a cure; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant’s Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Office Building Lease (Realogy Corp)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (310) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and so failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If ▇▇▇▇▇▇ makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition position for relief or if a petition against Tenant in is a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafterhereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose Purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Lease Addendum (Freei Networks Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for twenty (20) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant’s Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty- five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) If g. If, in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if entity and any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
i. If Tenant fails to take down or remove any signs that have been placed on the Property (located at 1▇▇▇ ▇. ▇▇ ▇▇▇▇▇▇▇ Blvd., Los Angeles, CA 90035) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" or in the Project consisting exterior of approximately 69,022 square feetthe unit after Tenant receives written notice from Landlord. Tenant must within three (3) days of receiving notice, take down and remove any signs that have been placed on the property or in the exterior of the unit.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a an event of default hereunder by Tenant:on the part of Tenant (“Default”):
(1i) If Tenant abandons all or a substantial portion The abandonment of the PremisesPremises by Tenant for a period of ten (10) consecutive days or which would cause any insurance policy to be invalidated or otherwise lapse. Tenant agrees to notice and service of notice as provided in this Lease and waives any right to any other or further notice or service notice;
(2ii) If Tenant fails Failure to pay any rent installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and payable hereunder, and such failure continues for three shall not have been cured within five (35) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amendedLandlord;
(3iii) If A general assignment by Tenant involuntarily transfers or any guarantor or surety of Tenant's interest in this Lease or voluntarily transfers ’s obligations hereunder (attempted or actualcollectively, “Guarantor”) its interest in this Lease, without Landlord's prior written consentfor the benefit of creditors;
(4iv) If The filing of a voluntary petition in bankruptcy by Tenant files or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for relief an arrangement, the filing by or if a petition against Tenant in or any Guarantor of a proceeding under the Federal Bankruptcy Laws petition, voluntary or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days thereafterinvoluntary, for reorganization, or if under the provisions filing of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control an involuntary petition by the creditors of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdictionGuarantor, custody or control remains in force unrelinquished, unstayed or unterminated said involuntary petition remaining undischarged for a period of sixty (60) days;
(5v) If in any proceeding Receivership, attachment, or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge other judicial seizure of the Premises or any substantially all of Tenant's personal property located at ’s Property, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class levy thereof;
(7vi) If Death or disability of Tenant fails to discharge or any lien placed upon the PremisesGuarantor, the Building if Tenant or such Guarantor is a natural person, or the Project failure by Tenant or any person claiming underGuarantor to maintain its legal existence, by if Tenant or through Tenant within ten (10) days of the imposition of such lienGuarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(8) If vii) Failure of Tenant fails to promptly execute and fully deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30, 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and as required by Paragraph 40;
(viii) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(ix) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(x) Failure to perform any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained in this Lease (which shall be governed by such other than subparagraphs (1) through (7) above) and such Paragraphs), which failure continues for ten thirty (1030) days after written notice thereof from Landlord to Tenant, or provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be completely cured within such ten thirty (10) day period, then if Tenant fails to commence such cure within such ten (1030) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and thereafter proceed continuously prosecutes the cure to completely completion and actually completes such cure such failure within sixty (60) days after the giving of such written notice;
(9xi) If Chronic delinquency by Tenant is in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” means failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within three (3) business days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any period of twelve (12) months. In the event of a partnership Chronic delinquency, in addition to Landlord’s other remedies for Default provided in this Lease, at Landlord’s option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance;
(xii) Chronic overuse by Tenant or consists Tenant’s Agents of the number of undesignated parking spaces set forth in the Basic Lease Information. “Chronic overuse” means use by Tenant or Tenant’s Agents of a number of parking spaces greater than the number of parking spaces set forth in the Basic Lease Information more than one three (13) person or entitytimes during any calendar year, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between after written notice by Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.;
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after written notice thereof from Landlord to TenantTenant that such payment is due and payable; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;or
(3) c. If Tenant involuntarily transfers Tenant's interest fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease or voluntarily transfers and such failure continues for thirty (attempted or actual30) its interest in this Lease, days after written notice thereof from Landlord to Tenant without Tenant commencing action to cure such default within ten (10) days after receipt of Landlord's prior written consent;notice; or
(4) d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Office Building Lease (NMXS Com Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion the Premises without the payment of the Premises;rent and other charges; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure or five (5) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for three thirty (330) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers on any of Tenant's Property and is not discharged within twenty (attempted 20) days; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, jurisdiction custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1l) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder by Tenant:
(1) If Tenant abandons or vacates all or a substantial portion of the Premises;
(2) If Tenant fails to pay any rent or other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after receipt of written notice thereof from Landlord to Tenantthat such payment is due and payable; provided, however, that any the obligation of Tenant to pay a late charge or interest pursuant to this Lease shall commence as of the due date of the rent or such notice shall be in lieu of, other monetary obligation and not in addition to, any notice required under California Code on the expiration of Civil Procedure Sec. 1161, ET SEQ., as amendedsuch five (5) day grace period;
(3) If Tenant involuntarily transfers Tenant's interest in this Lease or voluntarily attempts to or actually transfers (attempted or actual) its interest in this Lease, without Landlord's prior written consent;
(4) If Tenant files a voluntary petition for relief relief, or if a an involuntary petition against Tenant Tenant, is filed in a proceeding under the Federal United States Bankruptcy Laws Code or other federal or state insolvency laws and is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, ; or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;
(5) If in any proceeding or action in which Tenant is a party, a trustee, a receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed as a result of Tenant's action or inaction upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of after the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or;
(9) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than as provided in subparagraphs (1) through (8) above) and such failure continues for ten (10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and days after written notice thereof from Landlord to Tenant, as tenantor if such failure cannot be completely cured within such ten (10) day period, for certain other premises located then if Tenant fails to commerce such cure within Building "A" in the Project consisting of approximately 69,022 square feetsuch ten (10) day period and thereafter proceed to completely cure such failure within thirty (30) days after such written notice.
Appears in 1 contract
Sources: Office Lease (Timeline Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease three times during this lease, and such failure continues for three ten (310) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted any of Tenant's Property; or
e. If ▇▇▇▇▇▇ makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Lease Agreement (Mounger Corp)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after receipt of notice of nonpayment.
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers on any of Tenant's Property; or and such writ of attachment is not dismissed or bonded within sixty (attempted 60) days
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Lease (Pac-West Telecomm Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three ten (310) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment of execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If ▇▇▇▇▇▇ makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Multi Tenant Office R&d Building Lease (Protein Polymer Technologies Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant’s Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (60) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Office Building Lease (Techniscan)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;Premises without continuing to pay rent; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days or Tenant has not commenced to remedy any failure that reasonably would take longer than thirty days to remedy after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If ▇▇▇▇▇▇ makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of or the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (5) days after such payment is due and payable; or
(3) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;or
(34) If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
(5) If Tenant involuntarily transfers Tenant's interest in this Lease or voluntarily transfers (attempted or actual) its interest in this Lease, without Landlord's prior written consent;makes a general assignment for the benefit of creditors; or
(46) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty (60) days;; or
(57) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;Property; or
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any general partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1Sections 26(a)(4) through (8) 7) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:.
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;, stops the payment of all monthly obligations and is not using good faith efforts to sublease the Premises; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; Tenant (provided, however, that any in the event such notice failure is not reasonably susceptible of cure within such thirty-day period, Tenant shall be in lieu of, and not in addition to, any notice required under California Code have a reasonable additional period within which to effectuate such cure); or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty ninety (6090) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or so has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) Property and such failure continues for ten (10) appointment is not dismissed within 30 days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;thereafter; or
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity entity, is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If Tena▇▇ ▇▇▇es a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform any one or more of the following obligations shall constitute a default hereunder by Tenant:
(1) If Tenant abandons all or a substantial portion of the Premises;
(2) If Tenant fails to pay any rent or other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in this Lease or voluntarily transfers (attempted or actual) its interest in this Lease, without Landlord's prior written consent;
(4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty (60) days;
(5) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "AB" in the Project consisting of approximately 69,022 26,088 square feet.
Appears in 1 contract
Sources: Lease (Peregrine Systems Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
: (1a) If Tenant abandons all or a substantial portion of the Premises;
(2) If Tenant fails Tenant's failure to pay any rent Rent or other charges required to be paid by Tenant under this Lease and such failure continues for three (3) within 5 days after of Landlord's delivery of written notice thereof from Landlord to TenantTenant that said amounts are past due; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3b) If Tenant involuntarily transfers Tenant's interest in this Lease abandonment or voluntarily transfers (attempted or actual) its interest in this Lease, without Landlord's prior written consent;
(4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part vacation of the Premises or any of Premises; (c) Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty (60) days;
(5) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails failure to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and where such failure continues for ten (10) 30 days after written notice thereof from Landlord to TenantTenant of such default; (d) the levy of a writ of attachment or execution on this Lease or on any of the property of Tenant located in the Premises; (e) the making by Tenant of a general assignment for the benefit of its creditors or of an arrangement, composition, extension or adjustment with its creditors; (f) the filing by or against Tenant of a petition for relief or other proceeding under federal bankruptcy laws or state or other insolvency laws, which petition is not removed or which action is not dismissed within 90 days of its filing, or the assumption by any court or administrative agency, or by a receiver, trustee or custodian appointed by either, of jurisdiction, custody or control of the Premises or of Tenant or any substantial part of its assets or property; or (g) if such failure cannot be completely cured within such ten (10) day period, then if the interest of Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant under this Lease is held by a partnership or consists of by more than one (1) person or entity, if the occurrence of any act or event described in parts (e) or (f) above in respect of any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" principal in the Project consisting of approximately 69,022 square feetTenant entity. Except as otherwise specified by this Paragraph, in the event a nonmonetary default occurs which cannot reasonably be cured within the time period specified above and Tenant commences corrective action within said time period, Tenant shall not be subject to penalty under this Lease so long as Tenant prosecutes such corrective action diligently and continuously to completion.
Appears in 1 contract
Sources: Premises Lease (Pixar \Ca\)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;Premises without continuing to pay rent or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days or Tenant has not commenced to remedy any failure that reasonably would take longer than thirty days to remedy after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If ▇▇▇▇▇▇ makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of or the partnership or other person persons or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a an event of default hereunder by Tenant:on the part of Tenant (“Default”):
(1a) If Tenant abandons all or a substantial portion The abandonment of the PremisesPremises by Tenant for a period of ten (10) consecutive days or any abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
(2b) If Tenant fails Failure to pay any rent installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for three a period of five (35) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3c) If A general assignment by Tenant involuntarily transfers or any guarantor or surety of Tenant's interest in this Lease or voluntarily transfers ’s obligations hereunder, if any, (attempted or actualcollectively, “Guarantor”) its interest in this Lease, without Landlord's prior written consentfor the benefit of creditors;
(4d) If The filing of a voluntary petition in bankruptcy by Tenant files or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for relief an arrangement, the filing by or if a petition against Tenant in or any Guarantor of a proceeding under the Federal Bankruptcy Laws petition, voluntary or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days thereafterinvoluntary, for reorganization, or if under the provisions filing of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control an involuntary petition by the creditors of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdictionGuarantor, custody or control remains in force unrelinquished, unstayed or unterminated said involuntary petition remaining undischarged for a period of sixty (60) days;
(5e) If in any proceeding Receivership, attachment, or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge other judicial seizure of the Premises or any substantially all of Tenant's personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon ’s assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the Building or the Project levy thereof,
(f) The failure by Tenant or any person claiming underGuarantor to maintain its legal existence, by if Tenant or through Tenant within ten (10) days of the imposition of such lienGuarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(8) If g) Failure of Tenant fails to promptly execute and fully perform deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 29 or 30 or 40, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 39;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 22, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraph (a), or any other covenantsubparagraphs of this Paragraph 23, condition or agreement contained in this Lease (which shall be governed by such other than subparagraphs (1) through (7) above) and such Paragraphs), which failure continues for ten thirty (1030) days after written notice thereof from Landlord to Tenant, or provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be completely cured within such ten thirty (10) day period, then if Tenant fails to commence such cure within such ten (1030) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and thereafter proceed continuously prosecutes the cure to completely cure such completion;
(k) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. Chronic delinquency shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within sixty three (603) days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any period of twelve (12) months.
(l) Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or be reduced or materially changed, except as permitted in this Lease; and
(m) Any failure by Tenant to discharge any lien or encumbrance placed on the Premises or any part thereof in violation of this Lease within twenty (20) days after the date such written noticelien or encumbrance is filed or recorded against the Premises or any part thereof;
(9n) If Tenant is a partnership or consists agrees that any notice given by Landlord pursuant to Paragraph 23(b) above shall satisfy the requirements for notice under California Code of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlordCivil Procedure Section 1.16.1, and Tenant, as tenant, for certain other premises located within Building "A" Landlord shall not be required to give any additional notice in the Project consisting of approximately 69,022 square feetorder to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Sources: Lease Agreement (OMNICELL, Inc)
Tenant’s Default. The failure by Tenant to perform any one occurrence of anyone or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required when due and payable by Tenant; or
c. If Tenant fails to be paid by Tenant under promptly and fully perform any other covenant condition or agreement contained in this Lease and should such failure continues continue for three thirty (330) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;or
(3) d. If Tenant involuntarily transfers Tenant's interest in is generally not paying its debts as they become due; or
e. If a writ of attachment or execution is levied on this Lease or voluntarily transfers (attempted or actual) its interest in this Lease, without Landlordon any of Tenant's prior written consent;personal property located within the Premises; or
(4) f. If Tenant files shall make a general assignment for the benefit of creditors, or provide for an arrangement, composition, extension or adjustment with its creditors; or
g. If Tenant shall file a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws laws or other insolvency laws is shall be filed and shall not be withdrawn or dismissed within sixty forty-five (6045) days days; thereafter, or or, if under the provisions of any the law providing for reorganization or winding winding-up of corporations, corporations any court of competent jurisdiction assumes shall assume jurisdiction, custody or control of Tenant or of any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains shall remain in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) If h. If, in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed or takes possession with authority to take charge of the Premises or any less than substantially all of Tenant's personal property located at the Premises (or has the authority to do so) Property for the purpose purposes of enforcing a lien against the Premises or Tenant's personal that property;; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) i. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) "d" through (8) "h" above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion fails to take possession of the Premises or abandons or vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or actual) creditors, or provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after written notice from Landlord that such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1d) through (8) g) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Lease Agreement (Diversa Corp)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If Tena▇▇ ▇▇▇es a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises its property and such jurisdiction, custody or control of Tenant or any substantial part of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.purpose
Appears in 1 contract
Sources: Office Lease (Beverage Works Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1a) If Tenant abandons all or a substantial portion of vacates the Premises;Premises for thirty (30) consecutive days or longer and fails to pay Rent; or
(2b) If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three ten (310) days after Landlord delivers written notice thereof from Landlord demand to TenantTenant for such unpaid amounts; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;or
(3c) If Tenant involuntarily transfers Tenant's interest fails to perform any covenant, condition or agreement of Tenant contained in this Lease within thirty (30) days after receipt of written notice from Landlord specifying such default, or voluntarily transfers if such default cannot reasonably be cured within thirty (attempted or actual30) its interest in this Leasedays, without Landlord's prior written consent;if Tenant fails to commence to cure and diligently pursue such cure within that thirty (30) day period; or
(4d) If a writ of attachment or execution is levied on this Lease or any of Tenant’s Property that would have a material adverse effect on Tenant’s ability to perform its obligations hereunder; or
(e) If Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
(f) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5g) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet’s Property.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If ▇▇▇▇▇▇ makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant’s Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or Lessor’s Initials Lessee’s Initials
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The failure by Tenant to perform any one or more Each of the following obligations events shall constitute a be an event of default hereunder (“Event of Default”) by TenantTenant under this Lease:
(1) If Tenant abandons all or a substantial portion of the Premises;
(2) If Tenant fails to pay any rent installment of Base Rent, additional rent, or any other charges sum, charge or payment required to be paid by Tenant under this Lease (collectively a “Monetary Default”) and such failure continues for three a period of five (35) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amendedpayment was due;
(32) If Tenant involuntarily transfers or any guarantor or surety of Tenant's interest in this Lease ’s obligations hereunder shall (a) make a general assignment for the benefit of creditors; (b) commence (voluntary) or voluntarily transfers have commenced against it (attempted or actualinvoluntary) its interest in this Lease, without Landlord's prior written consent;
(4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a any proceeding under the Federal Bankruptcy bankruptcy Laws or other insolvency laws which is filed and not withdrawn or dismissed within sixty ninety (6090) days thereafter, or if (collectively a “Proceeding for Relief”); (c) under the provisions of any law providing for reorganization or winding up of corporations, partnerships or limited liability companies, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's ’s personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty ninety (6090) days; or (d) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity);
(53) If in any proceeding or action in which Tenant is a party, a trustee, a receiver, agent or custodian is appointed to take charge of the Premises or any a material portion of Tenant's ’s personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s personal property;
(4) If any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease;
(5) If Tenant shall abandon or otherwise vacate the Premises while any rent or additional rent is due and owing;
(6) If Tenant shall make attempt or there shall actually occur any general assignment for the benefit (voluntarily or involuntarily) any Assignment, Subleasing or other transfer of creditors Tenant’s interest in or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereofwith respect to this Lease except as otherwise permitted in this Lease;
(7) If Tenant fails shall fail to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant Premises in violation of this Lease within ten fifteen (1015) days of after any such lien or encumbrance is filed against the imposition of such lien;Premises; or
(8) If Tenant fails to promptly and fully perform any each and every other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues shall continue for ten more than fifteen (1015) days after written notice thereof from Landlord shall have been given to Tenant; provided, or however, that if the nature of Tenant’s default is such failure canthat more than fifteen (l5) days are reasonably required for its cure, then Tenant shall not be completely cured within such ten (10) day period, then deemed to be in default if Tenant fails to commence commences such cure within such ten said fifteen (10l5) day period and thereafter proceed diligently prosecutes such cure to completely cure such failure within completion not to exceed sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feetaggregate.
Appears in 1 contract
Sources: Industrial Building Lease (Sirenza Microdevices Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1i) If Tenant abandons all or a substantial portion of vacates the Premises;Premises for more than thirty (30) days; or
(2ii) If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after written notice that such payment is due and payable; or
(iii) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;or
(3iv) If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
(v) If Tenant involuntarily transfers Tenant's interest in this Lease makes a general assignment for the benefit of creditors, or voluntarily transfers (attempted provides for an arrangement, composition, extension or actual) adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4vi) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, . custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5vii) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9viii) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1iv) through (8) vii) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Office Lease (Insweb Corp)
Tenant’s Default. The failure by Tenant to perform any one or more of the following obligations shall constitute a default hereunder by Tenant:
(1) If Tenant abandons all or a substantial portion of the Premises;
(2) If Tenant fails to pay any rent or other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after written notice thereof from Landlord to Tenantsuch payment is due and payable; provided, however, that any the obligation of Tenant to pay a late charge or interest pursuant to this Lease below shall commence as of the due date of the rent or such notice shall be in lieu of, other monetary obligation and not in addition to, any notice required under California Code on the expiration of Civil Procedure Sec. 1161, ET SEQ., as amendedsuch five (5) day grace period;
(3) If Tenant involuntarily transfers Tenant's interest in this Lease or voluntarily transfers (attempted or actual) its interest in this Lease, without Landlord's prior written consent;
(4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty (60) days;
(5) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.'s
Appears in 1 contract
Sources: Office Lease (Colo Com)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property: or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Or Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events event. described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Office Building Lease (Newgold Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion vacates the Premises accompanied by non-payment of the Premises;Rent; or Landlord's Initials Tenant's Initials
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant’s Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Office Building Lease (Pacific Coast National Bancorp)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations ---------------- events shall constitute a default hereunder an "Event of Default" of this Lease by Tenant:.
(1) If Tenant abandons all or a substantial portion of the Premises;
(2) 19.1.1 If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease on the date when the same is due and such failure continues for three five (35) days after written notice delivery of Notice thereof from Landlord to Tenant.
19.1.2 If Tenant fails to promptly and fully perform any other covenant, condition, or agreement contained in this Lease and such failure continues for thirty (30) days after Notice thereof from Landlord to Tenant, or if such default cannot reasonably be cured within thirty (30) days. If Tenant fails to commence to cure within that thirty (30) day period and diligently prosecute to completion; provided, however, that Tenant shall have a period of seven (7) days after Notice to cure any such notice shall be in lieu of, default by Tenant to maintain the insurance Tenant is required to maintain under the terms and not in addition to, any notice required under California Code conditions of Civil Procedure Sec. 1161, ET SEQthis Lease., as amended;
(3) 19.1.3 To the extent provided by law:
19.1.3.1 If Tenant involuntarily transfers Tenant's interest in a writ of attachment or execution is levied on this Lease or voluntarily transfers (attempted or actual) its interest in this Lease, without Landlordon substantially all of Tenant's prior written consent;Property; or
(4) 19.1.3.2 If Tenant makes a general assignment for the benefit of creditors: or
19.1.3.3 If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty (60) days;; or
(5) 19.1.3.4 If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet).
Appears in 1 contract
Sources: Lease (Archon Corp)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a an event of default hereunder on the part of Tenant ("DEFAULT"):
(a) The abandonment of the Premises by Tenant:
(1) If Tenant abandons all or a substantial portion ; the vacation of the PremisesPremises by Tenant for a period of twenty one (21) consecutive days; or any vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse; in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
(2b) If Tenant fails Failure to pay any rent installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for three a period of five (35) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amendedthe same is due;
(3c) If A general assignment by Tenant involuntarily transfers or any guarantor or surety of Tenant's interest in this Lease or voluntarily transfers obligations hereunder (attempted or actualcollectively, "GUARANTOR") its interest in this Lease, without Landlord's prior written consentfor the benefit of creditors;
(4d) If The filing of a voluntary petition in bankruptcy by Tenant files or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for relief an arrangement, the filing by or if a petition against Tenant in or any Guarantor of a proceeding under the Federal Bankruptcy Laws petition, voluntary or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days thereafterinvoluntary, for reorganization, or if under the provisions filing of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control an involuntary petition by the creditors of Tenant or any substantial part of the Premises or any of Tenant's personal property located at the Premises and such jurisdictionGuarantor, custody or control remains in force unrelinquished, unstayed or unterminated said involuntary petition remaining undischarged for a period of sixty (60) days;
(5e) If in Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any proceeding Guarantor, if Tenant or action in which Tenant such Guarantor is a partynatural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a trusteecorporation, receiverpartnership, agent limited liability company, trust or custodian is appointed other legal entity;
(g) Failure of Tenant to take charge execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 31 or 32 or 43;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Letter of Credit or the Security Deposit to the amount and within the time period provided in Paragraph 7 or Paragraph 8, respectively, above;
(j) Failure in the performance of any of Tenant's personal property located at the Premises covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or has the authority to do so(m) for the purpose of enforcing a lien against the Premises or Tenant's personal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors above or any class thereof for the purpose other subparagraphs of effecting a moratorium upon or composition of its debtsthis Paragraph 25, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premiseswhich shall be governed by such other Paragraphs), the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such which failure continues for ten thirty (1030) days after written notice thereof from Landlord to Tenant, or provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be completely cured within such ten thirty (1030) day periodperiod despite reasonable diligence, then if Tenant fails shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to commence completion and actually completes such cure within such ten ninety (10) day period and thereafter proceed to completely cure such failure within sixty (6090) days after such the giving of the aforesaid written notice;
(9k) If Chronic delinquency by Tenant is a partnership in the payment of Rent, or consists any other periodic payments required to be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within three (3) days after written notice thereof for any three (3) months (consecutive or nonconsecutive) during any period of more than one twelve (112) person or entity, if any partner of months. In the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) through (8) above; or
(10) The occurrence event of a default under Chronic Delinquency, in addition to Landlord's other remedies for Default provided in this Lease, at Landlord's option, Landlord shall have the right to require that certain lease of even date herewith between LandlordRent be paid by Tenant quarterly, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.advance;
Appears in 1 contract
Sources: Lease Agreement (General Magic Inc)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion vacates the Premises accompanied by non-payment of the Premises;Rent; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant’s Property; or
e. If Tenant makes a general assignment for the benefit of creditors, or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;’s Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Sublease Agreement (Biolargo, Inc.)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) 19.1.1. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) 19.1.2. If Tenant fails to pay any rent Rent or Additional Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after written notice receipt of Notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Secor
19.1.3. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after Notice thereof from Landlord to Tenant; or
19.1.4. If a writ of attachment or voluntarily transfers (attempted execution is levied on this Lease or actual) on any of Tenant's Property; or
19.1.5. If Tenant makes a general assignment for the benefit of creditors, or provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) 19.1.6. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) 19.1.7. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) 19.1.8. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) Sections 19.1.4. through (8) 19.1.7. above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Lease Agreement (Midwest Medical Insurance Holding Co)
Tenant’s Default. The failure by Tenant to perform occurrence of any one or more of the following obligations events shall constitute a default hereunder and breach of this Lease by Tenant:
(1) a. If Tenant abandons all or a substantial portion of vacates the Premises;; or
(2) b. If Tenant fails to pay any rent Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant falls to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code : or
d. If a writ of Civil Procedure Sec. 1161, ET SEQ., as amended;
(3) If Tenant involuntarily transfers Tenant's interest in attachment or execution is levied on this Lease or voluntarily transfers (attempted on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit of creditors or actual) provides for an arrangement, composition, extension or adjustment with its interest in this Lease, without Landlord's prior written consent;creditors; or
(4) f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within sixty forty-five (6045) days thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant's personal its property located at the Premises and such jurisdiction, custody or control remains in n force unrelinquished, unstayed or unterminated for a period of sixty forty-five (6045) days;; or
(5) g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's personal property located at the Premises Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's personal property;Property; or
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If h. Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs (1) d through (8) g above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Sources: Office Lease (Valuestar Corp)