Common use of CANCELLATION BY XXXXXX Clause in Contracts

CANCELLATION BY XXXXXX. LESSOR may cancel this Agreement by giving LESSEE thirty (30) days’ advance written notice, upon or after the happening of any of the following events: The filing by LESSEE of a voluntary petition in bankruptcy; the adjudication of LESSEE as a bankrupt pursuant to such proceedings; the appointment of a receiver of XXXXXX's assets; the divesture of LESSEE's estate herein by other operations of law; the abandonment by XXXXXX of its conduct of air transportation at the AIRPORT; the default by XXXXXX in the performance of any covenant or agreement herein required to be performed by XXXXXX and the failure of LESSEE to remedy such default for a period of thirty (30) 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 default cannot be cured within such thirty (30) day period and LESSEE has in good faith commenced and is attempting to remedy same, provided LESSEE promptly remedies such default thereafter. No waiver of default by XXXXXX of any of the terms or conditions hereof to be performed, kept and observed by XXXXXX, shall be construed to be or act as a waiver of any subsequent default of any of the terms and conditions herein contained to be performed, kept and observed by XXXXXX.

CANCELLATION BY XXXXXX. LESSOR may cancel this Agreement by giving LESSEE thirty (30) calendar days’ advance written notice, upon or after the happening of any of the following events: The filing by LESSEE XXXXXX of a voluntary petition in bankruptcy; the adjudication of LESSEE as a bankrupt pursuant to such proceedings; the appointment of a receiver of XXXXXX's assets; the divesture of LESSEE's estate herein by other operations of law; the abandonment by XXXXXX of its conduct of air transportation at the AIRPORT; the default by XXXXXX in the performance of any covenant or agreement herein required to be performed by XXXXXX 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 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 default cannot be cured within such thirty (30) day period and LESSEE has in good faith commenced and is attempting to remedy same, provided LESSEE promptly remedies such default thereafter. No waiver of default by XXXXXX of any of the terms or conditions hereof to be performed, kept and observed by XXXXXX, shall be construed to be or act as a waiver of any subsequent default of any of the terms and conditions herein contained to be performed, kept and observed by XXXXXX.

CANCELLATION BY XXXXXX. LESSOR The LESSOR, in addition to any other rights to which it may be entitled by law or otherwise, may cancel this Agreement by giving XXXXXX written notice in the event of default by LESSEE thirty under this Agreement continuing for more than sixty (3060) days’ advance days after the LESSEE's receipt of written noticenotice of such event of default and opportunity to cure from the LESSOR, upon or after the happening of any one of the following events: The filing by : (a) LESSEE of shall file a voluntary petition in bankruptcy; the adjudication of bankruptcy or that proceedings in bankruptcy shall be instituted against it and LESSEE as a is thereafter adjudicated bankrupt pursuant to such proceedings; ; (b) A court shall take jurisdiction of LESSEE and its assets pursuant to proceedings brought under the appointment provisions of a receiver of XXXXXX's assets; the divesture any Federal reorganization act; (c) Receiver of LESSEE's assets shall be appointed; (d) LESSEE shall be divested of its estate herein by other operations operation of law; ; (e) LESSEE shall fail to meets its construction commencement or completion requirements set out in Section 17, Design and Construction. (f) LESSEE shall fail to perform, keep and observe any of the abandonment by XXXXXX obligations, terms, warranties or conditions contained in this Agreement that on the part of its conduct of air transportation at the AIRPORT; the default by XXXXXX in the performance of any covenant or agreement herein required LESSEE are to be performed by XXXXXX and the failure of LESSEE to remedy performed, kept or observed. If any such default for a period of thirty (30) 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 condition or effect if LESSEE shall have remedied the default prior to receipt of LESSOR's notice of cancellation, or if such default cannot reasonably be cured corrected within such thirty (30) the 60-day period and LESSEE has demonstrated due diligence with respect to curing said default, then, at the LESSOR’s sole discretion, such cure period may be extended for consecutive periods of 30 days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or the reason for default become apparent as insoluble, then the term shall cease and expire at the end of the 30-day extension then in good faith commenced effect. Acceptance of rental by LESSOR for any period or periods after a notice of default is issued by LESSOR of any of the obligations, terms, warranties and is attempting conditions herein contained to remedy samebe performed, provided kept and observed by LESSEE promptly remedies such default thereaftershall not be deemed a waiver of any other right on the part of LESSOR to cancel this Agreement for failure by LESSEE so to perform, keep and observe any of the obligations, terms, warranties, or conditions hereof to be performed, kept and observed. No waiver of default by XXXXXX LESSOR of any of the terms obligations, terms, warranties or conditions hereof to be performed, kept and observed by XXXXXX, shall be construed to be or act as a waiver of any subsequent default of any of the terms and obligations, terms, warranties or conditions herein contained to be performed, kept and observed by XXXXXX.

CANCELLATION BY XXXXXX. LESSOR The LESSEE, in addition to any other rights to which it may be entitled by law or otherwise, may cancel this Agreement by giving LESSEE thirty LESSOR written notice in the event of default by XXXXXX under this Agreement continuing for more than sixty (3060) days’ advance days after the LESSOR's receipt of written noticenotice of such event of default and opportunity to cure from the LESSEE, upon or after the happening of any one of the following events: The filing : (a) Issuance by LESSEE any court of competent jurisdiction of a voluntary petition permanent injunction in bankruptcy; any way preventing or restraining the adjudication use of LESSEE as a bankrupt pursuant to such proceedings; the appointment of a receiver of XXXXXX's assets; the divesture of LESSEE's estate herein by other operations of law; the abandonment by XXXXXX of its conduct of air transportation at the AIRPORT; the default by XXXXXX in the performance of Airport or any covenant or agreement herein required to be performed by XXXXXX major part thereof for Airport purposes and the failure remaining in full force of LESSEE to remedy such default permanent injunction for a period of thirty at least one hundred eighty (30180) days after receipt from LESSOR days. (b) Inability of written notice the LESSEE to remedy use, for a period in excess of one hundred eighty (180) days, the same; provided, however, that no notice Airport or any part of cancellation, as above provided, shall be the facility because of any force law, order, rule, regulation or effect if LESSEE shall have remedied other action or non-action of the default prior to receipt of LESSOR's notice of cancellationFederal Aviation Administration or any other governmental authority, or if such default cannot be cured within such thirty because of fire, earthquake, other casualties or acts of God or the public enemy. (30c) day period LESSOR shall fail to perform, keep and LESSEE has in good faith commenced and is attempting to remedy same, provided LESSEE promptly remedies such default thereafter. No waiver of default by XXXXXX of observe any of the terms obligations, terms, warranties or conditions hereof contained in this Agreement that on the part of LESSOR are to be performed, kept or observed: i. LESSEE may give LESSOR written notice to correct such condition or cure such default, and observed if any such condition or default shall continue for sixty (60) days after receipt of such notice by XXXXXX, LESSEE may terminate this Agreement 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 Initial or Option Term, unless such condition or default cannot reasonably be construed corrected within the 60-day period and LESSOR has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of 30 days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or act the reason for default become apparent as a waiver insoluble, then the term shall cease and expire at the end of the 30-day extension then in effect; (d) Assumption by the United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any subsequent default substantial part or parts thereof in such a manner as to substantially restrict the LESSEE for a period of any one hundred eighty (180) days from operating on and within the facility. (e) In the event of destruction of the terms and conditions herein contained to be performedfacilities, kept and observed by XXXXXXimprovements, or the demised Premises as more fully described in Section 48, Damage or Destruction.