Common use of Events of Tenant’s Default Clause in Contracts

Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur: (a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; provided, however, that once but only once in any twelve (12) month period during the Lease Term, Tenant shall be entitled to written notice of non-receipt of Base Monthly Rent or Additional Rent from Landlord, and Tenant shall not be in default for such delinquency if such installment of Base Monthly Rent or Additional Rent is received by Landlord within five (5) business days after Tenant's receipt of such notice from Landlord; or (b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or (c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or (d) Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or (e) Tenant shall have abandoned the Leased Premises; or (f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor's) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or (g) Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or (h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or (i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order. 12.2

Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease (an “Event of Default”), allowing Landlord to pursue any of the remedies set forth below or any other remedies afforded by law or equity, if any of the following events occur: (a) A. Tenant shall have failed fails to pay any payment obligation (Base Monthly Rent or any Rent, Additional Rent and/or any other monetary payments due hereunder) when due; provided, however, that once but only once in any twelve (12) month period during the Lease Term, Tenant shall be entitled to written notice of non-receipt of Base Monthly Rent or Additional Rent from Landlord, due and Tenant shall not be in default such failure continues for such delinquency if such installment of Base Monthly Rent or Additional Rent is received by Landlord within more than five (5) business days after Tenant's receipt written notice thereof from Landlord, except that Landlord shall only be required to give two (2) such notices in any calendar year, and after any such second notice is given any failure by Tenant in such calendar year to pay Base Rent, additional rent or any other rent due hereunder when due shall itself constitute an event of default, without the requirement of notice from Landlord of such notice from Landlordfailure; or (b) B. Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or (c) Tenant shall have failed fails to perform any term, covenant covenant, or condition of this Lease (Lease, except those requiring payment obligations referred to in the payment of Base Monthly Rent or Additional Rentimmediately preceding subparagraph A above and except the obligations set forth in subparagraph G below, which failures shall be governed by subparagraph (a) above) and Tenant fails to cure such breach within thirty (30) days after delivery of written notice from Landlord to informing Tenant specifying of such breach; provided, however, that if the nature of Tenant’s obligation is such failure and requesting Tenant to perform same; or that more than thirty (d30) days after such notice is reasonably required for its performance, then Tenant shall have sublet the Leased Premises or assigned or encumbered its interest not be in breach of this Lease if performance is commenced within such thirty (30) day period following Landlord’s notice and thereafter diligently pursued to completion; X. Xxxxxx makes an assignment, sublease, or other Transfer in violation of the provisions contained in Article 7, whether voluntarily 14 and fails to revoke or by operation of lawterminate such Transfer within ten (10) days after written notice from Landlord; or (e) Tenant shall have abandoned X. Xxxxxx makes a general assignment of its assets for the Leased Premisesbenefit of its creditors; or (f) Tenant or any Guarantor E. There occurs an attachment of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, or other judicial seizure of (i) substantially all or of Tenant’s assets, (ii) any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's ’s business in the Leased Premises, or (or such Guarantor'siii) businessthe leasehold created by this Lease, and Tenant (or such Guarantor) shall have failed fails to obtain a return or release of the same such property within thirty (30) days thereafter, thereafter or prior to sale pursuant to such sequestration, attachment or levyother disposition, whichever is earlier; or (g) F. A court makes or enters any decree or order with respect to Tenant or any Guarantor of this Lease shall have made a general assignment of all Tenant submits to or a substantial part of its assets for the benefit of its creditors; or (h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it seeks a decree or order (or a petition or pleading is filed in connection therewith) which: (i) grants or constitutes (or seeks) an order for relief, appointment of a trustee, or condemnation or confirmation of a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation (or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph if seeks such decree or order is rescinded or reversed within thirty days after its original entry; or (i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or order. 12.2approval of)

Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occuroccur within 10 days following receipt of written notice: (a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; provided, however, that once but only once in any twelve (12) month period during the Lease Term, Tenant shall be entitled to written notice of non-receipt of Base Monthly Rent or Additional Rent from Landlord, and Tenant shall not be in default for such delinquency if such installment of Base Monthly Rent or Additional Rent is received by Landlord within five (5) business days after Tenant's receipt of such notice from Landlord; or (b) Tenant shall have done or permitted to be have done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or (c) Tenant shall have failed to perform any term, covenant or condition of this Lease (Lease, except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) -days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform same; or (d) . Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of lawLaw; or (e) Tenant shall have abandoned the Leased Premisespremises; or (f) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (or such Guarantor'sGuarantors) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or (g) Tenant or any Guarantor of this Lease shall have made a in general assignment of all or a substantial part of its assets for the benefit of its creditors; or (h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation confirmation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's consent or over Tenant's objection, Landlord may not terminate this Lease pursuant to this Subparagraph Subarticle if such decree or order is rescinded or reversed within thirty days after its original entry; or (i) . Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law Law which does not require the prior entry of a decree or order. 12.2.

Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur: occurs (a) an "Event of Tenant's Default"): A. Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; provided, however, that once but only once in any twelve (12) month period during the Lease Term, Tenant shall be entitled to and such failure is not cured within 3 days after delivery of written notice of non-receipt of Base Monthly Rent or Additional Rent from Landlord, and Tenant shall not be in default for Landlord specifying such delinquency if such installment of Base Monthly Rent or Additional Rent is received by Landlord within five (5) business days after Tenant's receipt of such notice from Landlordfailure to pay; or (b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; or (c) B. Tenant shall have failed to perform any term, covenant covenant, or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures and Tenant shall be governed by subparagraph (a) above) have failed to cure such breach within thirty (30) 30 days after written notice from Landlord to Tenant specifying the nature of such failure breach where such breach could reasonably be cured within said 30 day period, or if such breach could not be reasonably cured within said 30 day period, Tenant shall have failed to commence such cure within said 30 day period and requesting Tenant thereafter continue with due diligence to perform sameprosecute such cure to completion within such time period as is reasonably needed but not to exceed 90 days from the date of Landlord's notice; or (d) C. Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this the Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law14; or (e) D. Tenant shall have abandoned the Leased PremisesPremises or left the Premises substantially vacant; or E. The occurrence of the following: (fi) the making by Tenant of any general arrangements or assignments for the benefit of creditors; (ii) Tenant becomes a "debtor" as defined in 11 USC 101 or any Guarantor successor statute thereto (unless, in the case of this Lease shall have permitted or suffered a petition filed against Tenant, the sequestration or attachment of, or execution on, or same is dismissed within 60 days); (iii) the appointment of a custodian trustee or receiver with respect to, to take possession of substantially all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's (assets located at the Premises or such Guarantor's) businessof Tenant's interest in this Lease, and where possession is not restored to Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier30 days; or (giv) Tenant the attachment, execution or any Guarantor other judicial seizure of this Lease shall have made a general assignment of substantially all or a substantial part of its assets for the benefit of its creditors; or (h) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within 30 days; provided, however, if in the event that any decree provision of this Section 13.1E is contrary to any applicable Law, such provision shall be of no force or order was entered without Tenant's consent effect; or over Tenant's objection, Landlord may not terminate this Lease F. Tenant shall have failed to deliver documents required of it pursuant to this Subparagraph if such decree §15.4 or order is rescinded or reversed §15.6 within thirty days after its original entry; or (i) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's relief law, moratorium law or other similar law which does not require the prior entry of a decree or ordertime periods specified therein. 12.213.2

Events of Tenant’s Default. Tenant shall be in default of its obligations under this Lease if any of the following events occur: (a) Tenant shall have failed to pay Base Monthly Rent or any Additional Rent when due; within three (3) days after notice from Landlord that such rent is past due provided, however, that once but only once in any twelve (12) month period during the Lease Term, Tenant such notice shall be entitled to written notice of non-receipt of Base Monthly Rent or Additional Rent from Landlordconcurrent with, and Tenant shall not be in default for such delinquency if such installment of Base Monthly Rent or Additional Rent is received addition to, any notice required by Landlord within five (5) business days after Tenant's receipt of such notice from Landlordapplicable Laws; or (b) Tenant shall have done or permitted to be done any act, use or thing in its use, occupancy or possession of the Leased Premises or the Building or the Outside Areas which is prohibited by the terms of this Lease; Lease or (c) Tenant shall have failed to perform any term, covenant or condition of this Lease (except those requiring the payment of Base Monthly Rent or Additional Rent, which failures shall be governed by subparagraph (a) above) within thirty (30) days after written notice from Landlord to Tenant specifying the nature of such failure and requesting Tenant to perform samesame or within such longer period as is reasonably required in the event such default is curable but not within such thirty (30) day period, provided such cure is promptly commenced within such thirty (30) day period and is thereafter diligently prosecuted to completion; or (dc) Tenant shall have sublet the Leased Premises or assigned or encumbered its interest in this Lease in violation of the provisions contained in Article 7, whether voluntarily or by operation of law; or (e) Tenant shall have abandoned the Leased Premises; or (fd) Tenant or any Guarantor of this Lease shall have permitted or suffered the sequestration or attachment of, or execution on, or the appointment of a custodian or receiver with respect to, all or any substantial part of the property or assets of Tenant (or such Guarantor) or any property or asset essential to the conduct of Tenant's ’s (or such Guarantor's’s) business, and Tenant (or such Guarantor) shall have failed to obtain a return or release of the same within thirty days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or (ge) Tenant or any Guarantor of this Lease shall have made a general assignment of all or a substantial part of its assets for the benefit of its creditors; or (hf) Tenant or any Guarantor of this Lease shall have allowed (or sought) to have entered against it a decree or order which: (i) grants or constitutes an order for relief, appointment of a trustee, or condemnation or a reorganization plan under the bankruptcy laws of the United States; (ii) approves as properly filed a petition seeking liquidation or reorganization under said bankruptcy laws or any other debtor's ’s relief law or similar statute of the United States or any state thereof; or (iii) otherwise directs the winding up or liquidation of Tenant; provided, however, if any decree or order was entered without Tenant's ’s consent or over Tenant's ’s objection, Landlord may not terminate this Lease pursuant to this Subparagraph if such decree or order is rescinded or reversed within thirty days after its original entry; or (ig) Tenant or any Guarantor of this Lease shall have availed itself of the protection of any debtor's ’s relief law, moratorium law or other similar law which does not require the prior entry of a decree or order; or 20 (h) Tenant shall have failed to pay any installment of the Termination Fee (as defined in the Termination Agreement), and such failure shall have remained uncured for ten (10) days following Tenant’s receipt of Landlord’s written notice of non-payment. 12.2