Common use of Effect of Default on Options Clause in Contracts

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default under Paragraph 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in In the grant of Option to the contrary: , (iI) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph default pursuant to paragraph 13.1 (c) or 13.1 (d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (ivIII) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1 (c), or paragraph 13.1 (d) whether or not the Defaults defaults are cured, during the twelve (12) 12 month period of time immediately preceding prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1 (b), or is otherwise in default of any of the Optionterms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeXxxxxx's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (iI) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1 (d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (III) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults default are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1 (b), or is otherwise in default of any of the terms, covenants and conditions of this Lease. 40.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of such defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the twelve (12) 12 month period immediately preceding prior to the time that Lessee intends to exercise of the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee) or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iiiv) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1 (e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the twelve (12) -month period of time immediately preceding prior to the time that Lessee attempts to exercise of the Subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the it any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of such defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the twelve (12) 12 month period immediately preceding prior to the time that Lessee intends to exercise of the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). ) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1 (c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1 (a), 13.1 (d) or 13.1 (e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph paragraph 13.1 during any twelve (12) month periodb), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1 (c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), ; or (iii) during the time Lessee is in Breach of this Lease, ; or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default under Paragraph 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: . (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of such defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the twelve (12) 12 month period immediately preceding prior to the time that Lessee intends to exercise of the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeXxxxxx's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(c) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default separate Defaults under Paragraph 13.1, whether or not the Defaults are cured, 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of Default separate Defaults under Paragraph 13.1 during any twelve (12) month months period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease. 40.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (iI) during the period Wile commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (iiit) during the period of time any commencing on the day after a monetary obligation to Lessor Is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (ivIII) in the event that Lessor has given to Lessee three (3) or more notices of Default under Paragraph 13.1default tinder paragraph 13.1(c), or paragraph 13.1 (d), whether or not the Defaults defaults are cured, during the twelve (12) 12 month period of time immediately preceding prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the Optionterms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability Inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, ifit, after such exercise and during the term of this Lease, (i1) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee falls to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (111) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph paragraph 13.1 during any twelve (12) month periodc), or paragraph 13.1 (d), whether or not the Defaults defaults are cured, or (iiiiv) if It Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1 (b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i1) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default is noncompliance alleged in said notice of default 13 cured, or (iiif) during the period of time any commencing on the day after a monetary obligation to Lessor Is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof is given to Lessee)) and continuing until the obligation 13 paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv111) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the twelve (12) 12 month period immediately preceding of time Immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) It Lessee has committed any non-curable breach, Including without limitation those described in Paragraph 13.1(b), or is otherwise In default of any of the Optionterms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability Inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). I (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (iI) Lessee fails falls to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee falls to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee falls thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13,1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms. covenants and conditions of this Lease. 40.

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Landlord gives to Tenant a notice of Default under Paragraph 13.1 default and continuing until the noticed Default noncompliance alleged in the notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Landlord is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Tenant) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of Default under Paragraph 13.1default, whether or not the Defaults defaults are cured, during the twelve (12) 12 month period of time immediately preceding prior to the time that Tenant attempts to exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions of Paragraph 39.4(a)this paragraph. (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee for a period of thirty (30) days after Tenant when such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Tenant fails to commence to cure a default within the applicable grace period after the date that Landlord gives notice to Tenant of such default and/or Tenant fails thereafter to diligently prosecute said cure to completion, or (iii) Landlord gives to Lessee Tenant three (3) or more notices of Default under Paragraph 13.1 during any twelve (12) month periodor default, whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of such defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the twelve (12) 12 month period immediately preceding prior to the time that Lessee intends to exercise of the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default under Paragraph 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeXxxxxx's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease. __SEE ADDENDUM FOR PARAGRAPH 39.5 AND 39.6.__

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph paragraph 13.1 and continuing until the noticed Default is cured, ; or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), ; or (iii) during the time Lessee Tenant is in Breach of this Lease, ; or (ivvi) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of Default under Paragraph paragraph 13.1, whether or not the Defaults are cured, during the twelve (12) month 12)-month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions provision of Paragraph paragraph 39.4(a). (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of Default under Paragraph paragraph 13.1 during any twelve (12) month 12)-month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i1) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default is noncompliance alleged in said notice of default 13 cured, or (iiif) during the period of time any commencing on the day after a monetary obligation to Lessor Is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof is given to Lessee)) and continuing until the obligation 13 paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv111) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the twelve (12) 12 month period immediately preceding of time Immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) It Lessee has committed any non-curable breach, Including without limitation those described in Paragraph 13.1(b), or is otherwise In default of any of the Optionterms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability Inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). I (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (iI) Lessee fails falls to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (iiif) Lessee falls to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee falls thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13,1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms. covenants and conditions of this Lease. 40.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default default under Paragraph 13.1paragraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the twelve (12) 12 month period of time immediately preceding prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the Optionterms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, ifit, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of Default default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease. 00.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default separate Defaults under Paragraph 13.1, whether or not the Defaults are cured, 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). ) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of Default separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default separate Defaults under Paragraph 13.1, whether or not the Defaults are cured, 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). ) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if0, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of Default separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if it Lessee commits a Breach of this Lease. 40.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default separate Defaults under Paragraph 13.1, whether or not the Defaults are cured, 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of Default separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default under Paragraph 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a39.4 (a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if. If , after such exercise and during the term of this Lease, . (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices notice of Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease. 40.

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of Default under Paragraph 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeLxxxxx's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease. __SEE ADDENDUM FOR PARAGRAPH 39.5 AND 39.6.__