Common use of CANCELLATION BY LESSOR Clause in Contracts

CANCELLATION BY LESSOR. The Lessor, in addition to any other rights to which it may be entitled by law or equity, may cancel this Agreement as set forth herein. In the event that Lessee shall file a voluntary petition in bankruptcy or that proceedings in bankruptcy shall be instituted against it and Lessee is thereafter adjudicated bankrupt pursuant to such proceedings; or that the court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act; or that a receiver of Lessee's assets shall be appointed; or that Lessee shall be divested of its estate herein by other operation of law; or that Lessee shall fail to perform, keep and observe any of the terms, covenants or conditions herein contained on the part of Lessee to be performed, kept or observed, Lessor may give Lessee written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) days after receipt of such notice by Lessee, Lessor may terminate this lease and the term hereof shall cease and expire at the end of such sixty (60) days in the same manner and to the same effect as if it were the expiration of the original term, unless such condition or default cannot reasonably be corrected within the 60 day period and Lessee has demonstrated due diligence with respect to curing said default, then such default will be treated as cured until cured. Acceptance of rental by Lessor for any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any other right on the part of Lessor to cancel this lease for failure by Lessee so to perform, keep and observe any of the terms, covenants or conditions hereof to be performed, kept and observed. No waiver of default by Lessor of any of the terms, covenants or conditions hereof to be performed, kept and observed by Lessee, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants or conditions herein contained to be performed, kept and observed by Lessee.

Appears in 3 contracts

Samples: wichitaks.granicus.com, wichitaks.granicus.com, wichitaks.granicus.com

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CANCELLATION BY LESSOR. The Lessor, in addition to any other rights to which it may be entitled by law or equity, may cancel this Agreement as set forth herein. In the event that Lessee shall file a voluntary petition in of bankruptcy or that proceedings in bankruptcy shall be instituted against it him and Lessee thereafter is thereafter adjudicated bankrupt pursuant to such proceedings; or that the court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act; or that a receiver of Lessee's assets shall be appointed; or that Lessee shall be divested of its his estate herein by other operation of law; law or that Lessee shall fail to perform, keep and observe any of the terms, covenants or and conditions herein contained on the his part of Lessee to be performed, kept or observed, the Lessor may give the Lessee written notice sent by certified mail return receipt requested to Lessee's last known address to correct such condition or cure such default, default and if any such condition or default shall continue for sixty thirty (6030) days after receipt the sending of such notice by Lesseethe Lessor, the Lessor may may, after the lapse of said thirty (30) day period, and prior to the correction or curing of said condition of default terminate this lease and Lease by giving ten (10) days written notice sent to Lessee by certified mail return receipt requested at Lessee's last known address. Such ten (10) day period shall commence upon mailing such written notice. In the term hereof shall cease and expire at the end event that this Agreement is so terminated, Lessee will have a period of such sixty (60) days in which to remove his hangar from the same manner and premises or to the same effect as if it were transfer his interest therein. If, after the expiration of said sixty (60) day period, Lessee has failed to divest himself of his interest in said hangar or to remove said hangar from the original termpremises, unless such condition or default cannot reasonably be corrected within Lessor may at its option remove said hangar from the 60 day period premises in any manner that Lessor sees fit and proper and Lessee has demonstrated due diligence with respect to curing said default, then such default will be treated as cured until cured. Acceptance of rental by shall reimburse Lessor for any period costs involved with said removal. Lessor shall not be responsible for any damages occurring to said hangar if removed by Lessor or periods after its assigns. Such reimbursement shall be due and payable upon presentment to Lessee of a default of any of the terms, covenants xxxx itemizing such costs and conditions herein contained to be performed, kept and observed by expenses involved therein. Lessee shall not be deemed a waiver entitled to any refund of any other right on rent paid in the part event of Lessor to cancel this lease for failure cancellation by Lessee so to perform, keep and observe any of the terms, covenants or conditions hereof to be performed, kept and observed. No waiver of default by Lessor of any of the terms, covenants or conditions hereof to be performed, kept and observed by Lessee, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants or conditions herein contained to be performed, kept and observed by LesseeLessor.

Appears in 1 contract

Samples: Hangar Lease

CANCELLATION BY LESSOR. The Lessor, in addition to any other rights to which it may be entitled by law or equity, may cancel this Agreement as set forth herein. In the event that Lessee shall file a voluntary petition in of bankruptcy or that proceedings in bankruptcy shall be instituted against it him and Lessee thereafter is thereafter adjudicated bankrupt pursuant to such proceedings; or that the court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act; or that a receiver of Lessee's assets shall be appointed; or that Lessee shall be divested of its his estate herein by other operation of law; law or that Lessee shall fail to perform, keep and observe any of the terms, covenants or and conditions herein contained on the his part of Lessee to be performed, kept or observed, the Lessor may give the Lessee written notice sent by certified mail return receipt requested to Xxxxxx's last known address to correct such condition or cure such default, default and if any such condition or default shall continue for sixty thirty (6030) days after receipt the sending of such notice by Lesseethe Lessor, the Lessor may may, after the lapse of said thirty (30) day period, and prior to the correction or curing of said condition of default terminate this lease and Lease by giving ten (10) days written notice sent to Lessee by certified mail return receipt requested at Xxxxxx's last known address. Such ten (10) day period shall commence upon mailing such written notice. In the term hereof shall cease and expire at the end event that this Agreement is so terminated, Xxxxxx will have a period of such sixty (60) days in which to remove his hangar from the same manner and premises or to the same effect as if it were transfer his interest therein. If, after the expiration of said sixty (60) day period, Xxxxxx has failed to divest himself of his interest in said hangar or to remove said hangar from the original termpremises, unless such condition or default cannot reasonably be corrected within Lessor may at its option remove said hangar from the 60 day period premises in any manner that Lessor sees fit and Lessee has demonstrated due diligence with respect to curing said default, then such default will be treated as cured until cured. Acceptance of rental by proper and Xxxxxx shall reimburse Lessor for any period costs involved with said removal. Lessor shall not be responsible for any damages occurring to said hangar if removed by Lessor or periods after its assigns. Such reimbursement shall be due and payable upon presentment to Xxxxxx of a default of any of the terms, covenants bill itemizing such costs and conditions herein contained to be performed, kept and observed by expenses involved therein. Lessee shall not be deemed a waiver entitled to any refund of any other right on rent paid in the part event of Lessor to cancel this lease for failure cancellation by Lessee so to perform, keep and observe any of the terms, covenants or conditions hereof to be performed, kept and observed. No waiver of default by Lessor of any of the terms, covenants or conditions hereof to be performed, kept and observed by Lessee, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants or conditions herein contained to be performed, kept and observed by LesseeLessor.

Appears in 1 contract

Samples: Hangar Lease

CANCELLATION BY LESSOR. The Lessor, in addition to any other rights to which it may be entitled by law or equity, LESSOR may cancel this Agreement as set forth herein. In by giving LESSEE thirty (30) days’ advance written notice, upon or after the event that Lessee shall file happening of any of the following events: The filing by LESSEE of a voluntary petition in bankruptcy or that proceedings in bankruptcy shall be instituted against it and Lessee is thereafter adjudicated bankruptcy; the adjudication of LESSEE as a bankrupt pursuant to such proceedings; or that the court shall take jurisdiction appointment of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act; or that a receiver of LesseeLESSEE's assets shall be appointedassets; or that Lessee shall be divested the divesture of its LESSEE's estate herein by other operation operations of law; the abandonment by LESSEE of its conduct of air transportation at the AIRPORT; the default by LESSEE in the performance of any covenant or that Lessee shall fail to perform, keep and observe any of the terms, covenants or conditions agreement herein contained on the part of Lessee required to be performed, kept or observed, Lessor may give Lessee written notice performed by LESSEE and the failure of LESSEE to correct remedy such condition or cure such default, and if any such condition or default shall continue for sixty a period of thirty (6030) days after receipt from LESSOR of written notice to remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or effect if LESSEE shall have remedied the default prior to receipt of LESSOR's notice of cancellation, or if such notice by Lessee, Lessor may terminate this lease and the term hereof shall cease and expire at the end of such sixty (60) days in the same manner and to the same effect as if it were the expiration of the original term, unless such condition or default cannot reasonably be corrected cured within the 60 such thirty (30) day period and Lessee LESSEE has demonstrated due diligence with respect in good faith commenced and is attempting to curing said defaultremedy same, then provided LESSEE promptly remedies such default will be treated as cured until cured. Acceptance of rental by Lessor for any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any other right on the part of Lessor to cancel this lease for failure by Lessee so to perform, keep and observe any of the terms, covenants or conditions hereof to be performed, kept and observedthereafter. No waiver of default by Lessor LESSOR of any of the terms, covenants terms or conditions hereof to be performed, kept and observed by LesseeLESSEE, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants or terms and conditions herein contained to be performed, kept and observed by LesseeLESSEE.

Appears in 1 contract

Samples: Airport Agreement

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CANCELLATION BY LESSOR. The Lessor, in addition to any other rights to which it may be entitled by law or equity, LESSOR may cancel this Agreement as set forth herein. In by giving LESSEE thirty (30) calendar days’ advance written notice, upon or after the event that Lessee shall file happening of any of the following events: The filing by LESSEE of a voluntary petition in bankruptcy or that proceedings in bankruptcy shall be instituted against it and Lessee is thereafter adjudicated bankruptcy; the adjudication of LESSEE as a bankrupt pursuant to such proceedings; or that the court shall take jurisdiction appointment of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal reorganization act; or that a receiver of LesseeLESSEE's assets shall be appointedassets; or that Lessee shall be divested the divesture of its LESSEE's estate herein by other operation operations of law; the abandonment by LESSEE of its conduct of air transportation at the AIRPORT; the default by LESSEE in the performance of any covenant or that Lessee shall fail to perform, keep and observe any of the terms, covenants or conditions agreement herein contained on the part of Lessee required to be performed, kept or observed, Lessor may give Lessee performed by LESSEE and the failure of LESSEE to remedy such default for a period of thirty (30) calendar days after receipt from LESSOR of written notice to correct such condition remedy the same; provided, however, that no notice of cancellation, as above provided, shall be of any force or cure such default, and effect if any such condition or LESSEE shall have remedied the default shall continue for sixty (60) days after prior to receipt of LESSOR's notice of cancellation, or if such notice by Lessee, Lessor may terminate this lease and the term hereof shall cease and expire at the end of such sixty (60) days in the same manner and to the same effect as if it were the expiration of the original term, unless such condition or default cannot reasonably be corrected cured within the 60 such thirty (30) day period and Lessee LESSEE has demonstrated due diligence with respect in good faith commenced and is attempting to curing said defaultremedy same, then provided LESSEE promptly remedies such default will be treated as cured until cured. Acceptance of rental by Lessor for any period or periods after a default of any of the terms, covenants and conditions herein contained to be performed, kept and observed by Lessee shall not be deemed a waiver of any other right on the part of Lessor to cancel this lease for failure by Lessee so to perform, keep and observe any of the terms, covenants or conditions hereof to be performed, kept and observedthereafter. No waiver of default by Lessor LESSOR of any of the terms, covenants terms or conditions hereof to be performed, kept and observed by LesseeLESSEE, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants or terms and conditions herein contained to be performed, kept and observed by LesseeLESSEE.

Appears in 1 contract

Samples: Airport Agreement

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