Breach or Default. If LICENSEE should fail to adhere to the provisions of this license, LICENSOR shall have the right, among others, to terminate this license and to repossess the premises and cause LICENSEE to vacate the premises. If this should occur, LICENSEE shall pay LICENSOR the expenses incurred in obtaining possession of the premises and all other damages sustained by LICENSOR. Without limiting the generality of the foregoing, the LICENSOR may terminate this License and remove the LICENSEE from the Premise for any one or more of the following acts: (a) Nonpayment of any license fees due. (No notice of default shall be required for nonpayment of the licensee fees). (b) Failure to cure any violation of any provision of this Agreement, including the Manual, other than nonpayment of license fees, within 10 days of written notice of such violation. Two or more violations during the course of any single calendar year of any provision of this Agreement shall be a breach of this Agreement, and no notice of violation or right to cure shall be required or offered. (c) Failure to cure any violation of LICENSOR's Parks and Recreation Department’s Manual or Rules and Regulations, that are amended from time to time, within 10 days of written notice of the same. Two or more violations of the same rule or regulation during the course of any single calendar year shall be a breach of this Agreement, and no notice of violation or right to cure shall be offered or required. (d) Failure to comply with relevant local ordinances and state laws. Each of the above rights and remedies shall be cumulative and nonexclusive. LICENSOR reserves the right to seek any and all remedies available at law. If LICENSOR should waive any provisions of this Agreement, it shall not be construed as a waiver of a further breach of such provision.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Breach or Default. If LICENSEE should fail to adhere to the provisions A. The occurrence of this license, LICENSOR shall have the right, among others, to terminate this license and to repossess the premises and cause LICENSEE to vacate the premises. If this should occur, LICENSEE shall pay LICENSOR the expenses incurred in obtaining possession of the premises and all other damages sustained by LICENSOR. Without limiting the generality of the foregoing, the LICENSOR may terminate this License and remove the LICENSEE from the Premise for any one or more of the following actsevents shall constitute a material default in breach of this Lease by Lessee:
(a) Nonpayment of any license fees due1. (No notice of default shall be required for nonpayment Vacation or abandonment of the licensee fees)Space, including, but not limited to, any absence of Lessee from the Space for 30 business days or longer.
(b) 2. Failure by Lessee to cure make any violation payment required under this Lease as and when due, where such failure shall continue for a period of 30 days after written notice form Lessor.
3. Failure by Lessee to observe or to perform any provision of the covenants, conditions, or provisions of this Agreement, including the ManualLease, other than nonpayment the making of license feesany payment, within 10 where such failure shall continue for a period of 60 days of written after notice of such violation. Two failure from Lessor or more violations during such additional period of time as is reasonably necessary to cure such failure, provided Lessee diligently prosecutes such cure.
B. In the course event of any single calendar year default by Lessee, in addition to any other remedies available to Lessee at law or in equity, Lessee shall have the immediate option to terminate this Lease and all rights of Lessee under this Lease.
C. In the event of any provision such default by Lessee, Lessor shall also have the right, adhering to applicable legal processes, with or without terminating this Lease, to re-enter the Space and remove all persons and property from the Space. Such property may be removed and stored in a public warehouse or elsewhere at the cost of this Agreement shall be a breach or on the account of this Agreement, and no notice of violation or right to cure shall be required or offeredLessee.
(c) Failure to cure any violation of LICENSOR's Parks and Recreation Department’s Manual or Rules and Regulations, that are amended from time to time, within 10 days of written notice of D. In the same. Two or more violations of the same rule or regulation during the course event of any single calendar year such default by Lessee, Lessor shall be a breach of also have the right, adhering to applicable legal processes, with or without terminating this Agreementlease, to reenter the Space and no notice of violation or right to cure shall be offered or requiredrelet it.
(d) Failure E. In the event of any default by Lessor, which default shall remain uncured after 30 days' notice to comply with relevant local ordinances and state laws. Each of the above Lessor, Lessee shall have all rights and remedies shall be cumulative provided by applicable law, including, but not limited to , rights of offset against the Annual Rent, injunctive relief and nonexclusive. LICENSOR reserves the right to seek any other equitable and all remedies available at law. If LICENSOR should waive any provisions of this Agreement, it shall not be construed as a waiver of a further breach of such provisionlegal remedies.
Appears in 2 contracts
Samples: Sublease Agreement (Nu Skin Enterprises Inc), Sublease Agreement (Nu Skin Enterprises Inc)
Breach or Default. If LICENSEE should fail to adhere to the provisions 13.1 The occurrence of this license, LICENSOR shall have the right, among others, to terminate this license and to repossess the premises and cause LICENSEE to vacate the premises. If this should occur, LICENSEE shall pay LICENSOR the expenses incurred in obtaining possession of the premises and all other damages sustained by LICENSOR. Without limiting the generality of the foregoing, the LICENSOR may terminate this License and remove the LICENSEE from the Premise for any one or more of the following actsevents shall constitute a material default in breach of this Lease by Lessee:
(a) Nonpayment of any license fees due. (No notice of default shall be required for nonpayment 13.1.1 Vacation or abandonment of the licensee fees)Premises. Vacation and abandonment includes, but is not limited to, any absence of Lessee from the Premises for 30 business days or longer.
(b) 13.1.2 Failure by Lessee to cure make any violation payment required under this Lease as and when due, where such failure shall continue for a period of 15 days after written notice from Lessor.
13.1.3 Failure by Lessee to observe or to perform any provision of the covenants, conditions, or provisions of this Agreement, including the ManualLease, other than nonpayment the making of license feesany payment, within 10 where such failure shall continue for a period of 15 days of written after notice of such violation. Two failure from Lessor or more violations during such additional period of time as is reasonably necessary to cure such failure, provided Lessee diligently prosecutes such cure.
13.2 In the course event of any single calendar year default by Lessee, in addition to any other remedies available to Lessee at law or in equity, Lessor shall have the immediate option to terminate this Lease and all rights of Lessee under this Lease. In the event that Lessor shall so elect to terminate this Lease, then Lessor may recover from Lessee the worth at the time of the award of any provision unpaid rent that was due and owing at the time of termination
13.3 In the event of any such default by Lessee, Lessor shall also have the right, adhering to applicable legal processes, with or without terminating this Agreement shall Lease, to reenter the demised premises and remove all persons and property from the Premises. Such property may be removed and stored in a breach public warehouse or elsewhere at the cost of this Agreement, and no notice or on the account of violation or right to cure shall be required or offeredLessee.
(c) Failure to cure any violation of LICENSOR's Parks and Recreation Department’s Manual or Rules and Regulations, that are amended from time to time, within 10 days of written notice of 13.4 In the same. Two or more violations of the same rule or regulation during the course event of any single calendar year such default by Lessee, Lessor shall be a breach of also have the right, adhering to applicable legal processes, with or without terminating this AgreementLease, to reenter the Premises and no notice of violation or right to cure shall be offered or requiredrelet them.
(d) Failure to comply with relevant local ordinances and state laws. Each of the above rights and remedies shall be cumulative and nonexclusive. LICENSOR reserves the right to seek any and all remedies available at law. If LICENSOR should waive any provisions of this Agreement, it shall not be construed as a waiver of a further breach of such provision.
Appears in 2 contracts
Samples: Warehouse Lease Agreement (Nu Skin Enterprises Inc), Warehouse Lease Agreement (Nu Skin Enterprises Inc)
Breach or Default. If LICENSEE should fail to adhere to the provisions of this license, LICENSOR shall have the right, among others, to terminate this license and to repossess the premises and cause LICENSEE to vacate the premises. If this should occur, LICENSEE shall pay LICENSOR the expenses incurred in obtaining possession of the premises and all other damages sustained by LICENSOR. Without limiting the generality of the foregoing, the LICENSOR may terminate this License and remove the LICENSEE from the Premise for any one or more of the following acts:
(a) Nonpayment of any license fees due. (No notice of default shall be required for nonpayment of the licensee fees).
(b) Failure to cure any violation of any provision of the provisions of this Agreement, including the Manual, other than nonpayment of license fees, within 10 days of written notice of such violation. Two or more violations during the course of any single calendar year of any provision of this Agreement shall be a breach of this Agreement, and no notice of violation or right to cure shall be required or offered.
(c) Failure to cure any violation of LICENSOR's Parks and Recreation Department’s Manual or other Rules and Regulations, that are amended from time to time, within 10 days of written notice of the same. Two or more violations of the same rule or regulation during the course of any single calendar year shall be a breach of this Agreement, and no notice of violation or right to cure shall be offered or required.
(d) Failure to comply with relevant local ordinances and state laws. Each of the above rights and remedies shall be cumulative and nonexclusive. LICENSOR reserves the right to seek any and all remedies available at law. If LICENSOR should waive any provisions of this Agreement, it shall not be construed as a waiver of a further breach of such provision.
Appears in 2 contracts
Samples: License Agreement, License Agreement