Breach by Xxxxxx. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Xxxxxx. For purposes of this Paragraph 13.5, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor, and by the holders of any ground lease, mortgage or deed of trust covering the Premises whose name and address shall have been furnished Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Lessor shall not be in breach of this Lease if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.
Breach by Xxxxxx. In the event that Hauler fails to perform any material obligation under this Agreement (other than the sole failure to deliver the Scheduled Deliveries during any Delivery Period), and such failure shall continue for thirty (30) days after written notice thereof from the Authority (except that no such notice and cure period shall apply to any failure to pay under Section 8 hereof), then and in such event such failure shall constitute an event of default by Hauler hereunder and the Authority shall have the right, in addition to any other remedies provided under this Agreement, to do any one or more of the following: (1) terminate this Agreement upon written notice to Hauler; (2) take such commercially reasonable steps as are necessary to protect its interests; or (3) exercise any right or remedy available to the Authority at law or in equity. If Xxxxxx fails to deliver the Scheduled Deliveries for any Delivery Period, then Hauler, in addition to any other Authority remedies hereunder, shall be liable for any Delivery Payments pursuant to Exhibit A, which shall be due and payable on demand.
Breach by Xxxxxx. If Athlon does not fulfil obligations under the Agreement (or does not do so in a timely manner) and this represents a breach which affects or may affect the Supplier’s performance of its obligations under the Agreement, the Supplier will provide written notice to Xxxxxx immediately. The Supplier will also state to Athlon the expected consequences of Xxxxxx’s continued breach and the effect on the obligations to be fulfilled by the Supplier. In the event of timely, proper notice by the Supplier and insofar as it continues to fulfil the provisions in the following paragraph of this article, the period in which the Supplier may perform the obligation concerned will be extended by the duration of the delay caused by Xxxxxx's breach.
Breach by Xxxxxx. In the event Lessor considers that operations are not, at any time, being conducted in compliance with this Lease, or any implied covenant of this Lease, Lessor shall notify Lessee in writing of the facts relied upon as constituting a breach of any express or implied covenant or obligation of Lessee hereunder and, Xxxxxx, if in default, shall have sixty (60) days after receipt of such notice in which to commence compliance with its obligations hereunder. Failure on the part of Lessee to timely commence efforts to rectify any such breach and to exercise diligence in remedying any such breach shall operate as a forfeiture of this Lease as to the portion thereof affected by such breach.
Breach by Xxxxxx. In the event of a breach of or default under this Agreement by Xxxxxx in any material respect which is not cured within thirty (30) calendar days after a written notice of breach or default, Sharer may take the dispute to binding arbitration, pursuant to Section 7.3, provided that Sharer shall have first attempted in good faith to resolve the matter pursuant to the procedures set forth in Section 7.2. Following any such arbitration, if Xxxxxx is found to be in material breach of the Agreement, Sharer may terminate this Agreement with respect to Xxxxxx by written notice to Xxxxxx, provided that such notice of termination shall not take effect for a period of one hundred and eighty (180) days (the “Wind-Down Period”) in order for Xxxxxx to make the appropriate filings with the FCC and/or make alternative channel sharing arrangements with a third party. During such Wind-Down Period and any arbitration period, Sharer shall continue to transmit content provided by Xxxxxx using the Transmission Facilities, provided that Sharer may (i) reduce the spectrum allotted to Xxxxxx under the then-current Engineering Plan and Shared Operating Plan so that Xxxxxx only retains spectrum usage rights adequate to allow it to provide one SD program stream, and (ii) use, lease or otherwise dispose of the spectrum usage rights previously allotted to Xxxxxx under the Engineering Plan and Shared Operating Plan. At the end of the Wind-Down Period, Sharer shall have no further obligations to Xxxxxx.
Breach by Xxxxxx. In the event of any breach of any provision of this Lease by Xxxxxx, the breach, whether material or not, shall be deemed a default entitling State to cancel this lease and seek any other remedies set forth in this Lease or otherwise available at law or equity, after State has delivered to Lessee notice of the breach and a demand that the same be remedied immediately; provided Lessee shall not be in default if the breach pertains to the payment of money and Lessee cures the breach within twenty (20) days of receipt of the notice, or if the breach pertains to a matter other than the payment of any monies due under this lease, and Lessee shall after receipt of the notice promptly commence to cure the breach and shall cure the breach within forty-five (45) days after receipt of the notice; provided, however, if such breach is non-monetary in nature, and, as determined by State, is not reasonably susceptible of being cured in said forty-five (45) days (provided that the lack of funds, or the failure or refusal to spend funds, shall not be an excuse for a failure to cure), Lessee shall commence to cure such breach within said period and diligently pursue such action with continuity to completion. If Lessee fails to cure a default, al l Lessee owned improvements shall at the option of State, be removed by Xxxxxx, be removed by State at the cost to Lessee, or become the property of State.
Breach by Xxxxxx. 21.1. Lessee shall be in material breach of this Lease if at any time during the Lease Term:
(a) Lessee fails to make payment of any installment of Base Monthly Rent, Additional Rent, or of any other rent herein specified to be paid by Lessee as and when due, or fails to provide reasonable evidence of insurance or surety bond as required under this Lease, or fails to fulfill any obligation under this Lease and thereby threatens or endangers life or property, where any such failure continues for a period of three (3) days following written notice thereof; or
(b) Lessee fails to observe or perform any of its other covenants, agreements or obligations hereunder, and such failure is not cured within ten (10) days after Lessor's written notice to Lessee of such failure; provided, however, that if the nature of Lessee's obligation is such that more than ten (10) days are required for performance, then Lessee shall not be in breach if Lessee commences performance within such ten (10) day period and thereafter diligently prosecutes the same to completion; or
(c) Lessee becomes insolvent, makes a transfer in fraud of its creditors, makes a transfer for the benefit of its creditors, voluntarily files for bankruptcy, is adjudged bankrupt or insolvent in proceedings filed against Lessee, convenes a meeting of all or a portion of its creditors, or performs any acts of bankruptcy or insolvency, including the selling of its assets to pay creditors; or a receiver, trustee, or custodian is appointed for all or substantially all of Lessee's assets; or
(d) Lessee vacates or abandons the Premises; or
(e) Any representation or warranty made by Lessee to Lessor in connection with this transaction is or becomes untrue.
Breach by Xxxxxx. Any breach by Tenant of the terms, covenants or conditions herein contained.
Breach by Xxxxxx. If termination is due to a breach by Xxxxxx, Xxxxxx'x rights granted hereunder shall terminate; provided, that if such termination occurs [ * ], [ * ] shall pay [ * ].
Breach by Xxxxxx. In the event Lender breaches any condition or covenant of this Authorization or the Master Loan Guarantee Agreement, or in the event Lender fails to comply with the Act or ALG Rules, Authority may limit, revoke, terminate or withdraw its guarantee or rebate for the Loan.
