Common use of Charter School’s Default Clause in Contracts

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use Agreement by Charter School: (a) The failure of Charter School to promptly pay the fees identified in Article 4 when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD to Charter School; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such three (3) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (b) The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such cure within such thirty (30) day period and thereafter diligently prosecutes the same to completion;; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) Charter School’s abandonment of the Premises for a period of thirty (30) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use Agreement of a petition to have or any guarantor of this Use Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use Agreement, the same is dismissed within sixty (60) days; the appointment of a trustee or received to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use Agreement, where such seizure is not discharged within thirty (30) days.

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use the Agreement by Charter School: (a) 18.1.1. The failure of Charter School to promptly pay the Pro Rata Share or other fees identified in Article 4 herein when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD District to Charter School; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the three (3) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (b) 18.1.2. The revocation or non-renewal of the Charter School’s charter, upon exhaustion of any administrative, non-judicial appeals as provided under Education Code sections 47605 or 47607; 18.1.3. The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD District to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such a cure within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion;; provided, however, in no event shall the default continue for more than ninety (90) days after written notice thereof by District to Charter School); provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) 18.1.4. Charter School’s abandonment of the Premises for a period of thirty fifteen (3015) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) 18.1.5. The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use the Agreement of a petition to have Charter School or any guarantor of this Use the Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use the Agreement, the same is dismissed within sixty (60) days); the appointment of a trustee or received receiver to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use the Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use the Agreement, where such seizure is not discharged within thirty (30) days; 18.1.6. The making or furnishing by Charter School of any warranty, representation or statement to District in connection with the Agreement, or any other agreement to which Charter School and District are parties, which is false or misleading in any material respect when made or furnished; or 18.1.7. The assignment, subletting or other transfer, or any attempted assignment, subletting or other transfer, of the Agreement. In the event of any default by Charter School, District shall have the right, in addition to all other rights available to District under the Agreement or now or later permitted by law or equity, to terminate the Agreement by providing Charter School with a notice of termination. Upon termination of the Agreement, District may recover from Charter School the worth at the time of award of the unpaid Pro Rata Share and any other accrued fees which are due at the time of termination. In addition, upon termination, Charter School shall immediately vacate the Premises. The rights and remedies of District set forth herein are not exclusive, and District may exercise any other right or remedy now or later available to it under the Agreement, at law or in equity.

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use the Agreement by Charter School: (a) 20.1.1. The failure of Charter School to promptly pay the Pro Rata Share or other fees identified in Article 4 herein when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD District to Charter School; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the three (3) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (b) 20.1.2. The revocation or non-renewal of the Charter School’s charter, upon exhaustion of any appeals as provided under Education Code sections 47605 or 47607; 20.1.3. The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD District to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such a cure within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion;; provided, however, in no event shall the default continue for more than ninety (90) days after written notice thereof by District to Charter School); provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) 20.1.4. Charter School’s abandonment of the Premises for a period of thirty fifteen (3015) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) 20.1.5. The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use the Agreement of a petition to have Charter School or any guarantor of this Use the Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use the Agreement, the same is dismissed within sixty (60) days); the appointment of a trustee or received receiver to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use the Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use the Agreement, where such seizure is not discharged within thirty (30) days; 20.1.6. The making or furnishing by Charter School of any warranty, representation or statement to District in connection with the Agreement which is false or misleading in any material respect when made or furnished; or 20.1.7. The assignment, subletting or other transfer, or any attempted assignment, subletting or other transfer, of the Agreement. In the event of any default by Charter School, District shall have the right, in addition to all other rights available to District under the Agreement or now or later permitted by law or equity, to terminate the Agreement by providing Charter School with a notice of termination. Upon termination of the Agreement, District may recover from Charter School the worth at the time of award of the unpaid Pro Rata Share and any other accrued fees which are due at the time of termination. In addition, upon termination, Charter School shall immediately vacate the Premises. The rights and remedies of District set forth herein are not exclusive, and District may exercise any other right or remedy now or later available to it under the Agreement, at law or in equity.

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use the Agreement by Charter School: (a) 19.1.1. The failure of Charter School to promptly pay the Pro Rata Share or other fees identified in Article 4 herein when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD District to Charter School; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the three (3) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (b) 19.1.2. The revocation or non-renewal of the Charter School’s charter, upon exhaustion of any appeals as provided under Education Code sections 47605 or 47607; 19.1.3. The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD District to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such a cure within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion;; provided, however, in no event shall the default continue for more than ninety (90) days after written notice thereof by District to Charter School); provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) 19.1.4. Charter School’s abandonment of the Premises for a period of thirty fifteen (3015) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) 19.1.5. The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use the Agreement of a petition to have Charter School or any guarantor of this Use the Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use the Agreement, the same is dismissed within sixty (60) days); the appointment of a trustee or received receiver to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use the Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use the Agreement, where such seizure is not discharged within thirty (30) days; 19.1.6. The making or furnishing by Charter School of any warranty, representation or statement to District in connection with the Agreement, or any other agreement to which Charter School and District are parties, which is false or misleading in any material respect when made or furnished; or 19.1.7. The assignment, subletting or other transfer, or any attempted assignment, subletting or other transfer, of the Agreement. In the event of any default by Charter School, District shall have the right, in addition to all other rights available to District under the Agreement or now or later permitted by law or equity, to terminate the Agreement by providing Charter School with a notice of termination. Upon termination of the Agreement, District may recover from Charter School the worth at the time of award of the unpaid Pro Rata Share and any other accrued fees which are due at the time of termination. In addition, upon termination, Charter School shall immediately vacate the Premises. The rights and remedies of District set forth herein are not exclusive, and District may exercise any other right or remedy now or later available to it under the Agreement, at law or in equity.

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use the Agreement by Charter School: (a) 19.1.1. The failure of Charter School to promptly pay the Use Fee or other fees or indebtedness identified in Article 4 herein when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD District to Charter School; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the three (3) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (b) 19.1.2. The revocation or non-renewal of the Charter School’s charter, upon exhaustion of any appeals as provided under Education Code sections 47605 or 47607; 19.1.3. The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD District to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such a cure within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion;; provided, however, in no event shall the default continue for more than ninety (90) days after written notice thereof by District to Charter School); provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) 19.1.4. Charter School’s abandonment of the Premises for a period of thirty fifteen (3015) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) 19.1.5. The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use the Agreement of a petition to have Charter School or any guarantor of this Use the Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use the Agreement, the same is dismissed within sixty (60) days); the appointment of a trustee or received receiver to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use the Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use the Agreement, where such seizure is not discharged within thirty (30) days; 19.1.6. The making or furnishing by Charter School of any warranty, representation or statement to District in connection with the Agreement, which is false or misleading in any material respect when made or furnished; or 19.1.7. The assignment, subletting or other transfer, or any attempted assignment, subletting or other transfer, of the Agreement. In the event of any default by Charter School, District shall have the right, in addition to all other rights available to District under the Agreement or now or later permitted by law or equity, to terminate the Agreement by providing Charter School with a notice of termination. Upon termination of the Agreement, District may recover from Charter School the worth at the time of award of the unpaid Rent and any other accrued fees which are due at the time of termination. In addition, upon termination, Charter School shall immediately vacate the Premises. The rights and remedies of District set forth herein are not exclusive, and District may exercise any other right or remedy now or later available to it under the Agreement, at law or in equity.

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use the Agreement by Charter School: (a) 20.1.1. The failure of Charter School to promptly pay the Pro Rata Share or other fees identified in Article 4 herein when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD District to Charter School; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the three (3) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (b) 20.1.2. The revocation or non-renewal of the Charter School’s charter, upon exhaustion of any administrative, non-judicial appeals as provided under Education Code sections 47605 or 47607; 20.1.3. The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD District to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such a cure within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion;; provided, however, in no event shall the default continue for more than ninety (90) days after written notice thereof by District to Charter School); provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) 20.1.4. Charter School’s abandonment of the Premises for a period of thirty fifteen (3015) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) 20.1.5. The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use the Agreement of a petition to have Charter School or any guarantor of this Use the Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use the Agreement, the same is dismissed within sixty (60) days); the appointment of a trustee or received receiver to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use the Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use the Agreement, where such seizure is not discharged within thirty (30) days; 20.1.6. The making or furnishing by Charter School of any warranty, representation or statement to District in connection with the Agreement which is false or misleading in any material respect when made or furnished; or 20.1.7. The assignment, subletting or other transfer, or any attempted assignment, subletting or other transfer, of the Agreement. In the event of any default by Charter School, District shall have the right, in addition to all other rights available to District under the Agreement or now or later permitted by law or equity, to terminate the Agreement by providing Charter School with a notice of termination. Upon termination of the Agreement, District may recover from Charter School the worth at the time of award of the unpaid Pro Rata Share and any other accrued fees which are due at the time of termination. In addition, upon termination, Charter School shall immediately vacate the Premises. The rights and remedies of District set forth herein are not exclusive, and District may exercise any other right or remedy now or later available to it under the Agreement, at law or in equity.

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use the Agreement by Charter School: (a) 19.1.1. The failure of Charter School to promptly pay the Use Fee or other fees or indebtedness identified in Article 4 herein when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD District to Charter School; provided, however, provided that any such a notice shall be in lieu ofnot exclusive to, and not in addition shall be cumulative to, any notice required the procedure set forth under Code of Civil Procedure section 1161, and such three (3) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section Section 1161; 19.1.2. The revocation or non-renewal of Charter School’s charter by their authorizer (bmost likely OUSD or Alameda County Board/Office of Education) but the Charter School shall not be deemed in default while any administrative, non-judicial appeals are pending under Ed. Code 47605 or 47607; 19.1.3. The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD District to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such a cure within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion;; provided, however, in no event shall the default continue for more than ninety (90) days after written notice thereof by District to Charter School); provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) 19.1.4. Charter School’s abandonment of the Premises for a period of thirty fifteen (3015) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) 19.1.5. The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use the Agreement of a petition to have Charter School or any guarantor of this Use the Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use the Agreement, the same is dismissed within sixty (60) days); the appointment of a trustee or received receiver to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use the Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use the Agreement, where such seizure is not discharged within thirty (30) days; 19.1.6. The making or furnishing by Charter School of any warranty, representation or statement to District in connection with the Agreement, which is false or misleading in any material respect when made or furnished; or 19.1.7. The assignment, subletting or other transfer, or any attempted assignment, subletting or other transfer, of the Agreement. In the event of any default by Charter School, District shall have the right, in addition to all other rights available to District under the Agreement or now or later permitted by law or equity, to terminate the Agreement by providing Charter School with a notice of termination. Upon termination of the Agreement, District may recover from Charter School the worth at the time of award of the unpaid Rent and any other accrued fees which are due at the time of termination. In addition, upon termination, Charter School shall immediately vacate the Premises. The rights and remedies of District set forth herein are not exclusive, and District may exercise any other right or remedy now or later available to it under the Agreement, at law or in equity.

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use the Agreement by Charter School: (a) : The failure of Charter School to promptly pay the Use Fee or other fees or indebtedness identified in Article 4 herein when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD District to Charter School; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the three (3) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (b) ; The revocation or non-renewal of the Charter School’s charter, upon exhaustion of any appeals as provided under Education Code sections 47605 or 47607; The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD District to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such a cure within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion;; provided, however, in no event shall the default continue for more than ninety (90) days after written notice thereof by District to Charter School); provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) ; Charter School’s abandonment of the Premises for a period of thirty fifteen (3015) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) ; The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use the Agreement of a petition to have Charter School or any guarantor of this Use the Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use the Agreement, the same is dismissed within sixty (60) days); the appointment of a trustee or received receiver to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use the Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use the Agreement, where such seizure is not discharged within thirty (30) days; The making or furnishing by Charter School of any warranty, representation or statement to District in connection with the Agreement, which is false or misleading in any material respect when made or furnished; or The assignment, subletting or other transfer, or any attempted assignment, subletting or other transfer, of the Agreement. In the event of any default by Charter School, District shall have the right, in addition to all other rights available to District under the Agreement or now or later permitted by law or equity, to terminate the Agreement by providing Charter School with a notice of termination. Upon termination of the Agreement, District may recover from Charter School the worth at the time of award of the unpaid Rent and any other accrued fees which are due at the time of termination. In addition, upon termination, Charter School shall immediately vacate the Premises. The rights and remedies of District set forth herein are not exclusive, and District may exercise any other right or remedy now or later available to it under the Agreement, at law or in equity. District’s Default. District shall not be in default of any of its obligations hereunder, unless District fails to perform such obligations within a reasonable time, but in no event less than thirty (30) days, after written notice by Charter School to District specifying that District has failed to perform its obligations; provided, however, that if the nature of District’s default requires more than thirty (30) days to cure, District shall not be in default if District commences a cure within thirty (30) days and thereafter diligently prosecutes the same to completion. If the District defaults hereunder, then Charter School may have by reason of such default all remedies available at law or equity, which includes the remedy of self-help and deduction of reasonable self-repair costs from the pro rata share payments owed. Charter School shall have no rights as a result of any default by District until Charter School gives thirty (30) days’ notice to District specifying the nature of the default. If the District defaults hereunder after receipt of the Charter School’s written notice, then Charter School may have by reason of such default remedies including the remedy of self-help and deduction of reasonable self-repair costs from the pro rata share payments owed.

Charter School’s Default. The occurrence of any one of the following events shall be considered a default of this Use the Agreement by Charter School: (a) : The failure of Charter School to promptly pay the Use Fee or other fees or indebtedness identified in Article 4 herein when due hereunder, which failure continues for fifteen (15) days after written notice thereof by MDUSD District to Charter School; provided, however, provided that any such a notice shall be in lieu ofnot exclusive to, and not in addition shall be cumulative to, any notice required the procedure set forth under Code of Civil Procedure section Section 1161; The revocation or non-renewal of Charter School’s charter by their authorizer (most likely OUSD or Alameda County Board/Office of Education) but the Charter School shall not be deemed in default while any administrative, and such three (3) day cure period shall run concurrently with any cure period required non-judicial appeals are pending under California law, including Ed. Code of Civil Procedure section 1161; (b) 47605 or 47607; The failure of Charter School to observe or perform any of its other covenants or obligations hereunder, which failure continues for thirty (30) days after written notice thereof by MDUSD District to Charter School (unless the nature of the default is such that more than thirty (30) days are required for its cure and Charter School shall have commenced such a cure within such the thirty (30) day period and thereafter diligently prosecutes prosecute the same to completion;; provided, however, in no event shall the default continue for more than ninety (90) days after written notice thereof by District to Charter School); provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Code of Civil Procedure section 1161, and such the thirty (30) day cure period shall run concurrently with any cure period required under California law, including Code of Civil Procedure section 1161; (c) ; Charter School’s abandonment of the Premises for a period of thirty fifteen (3015) consecutive days (with or without the payment of fees), it being agreed that the fact that any of Charter School’s property remains in the Premises shall not be evidence that Charter School has not vacated or abandoned the Premises; provided, however, any normal School holidays or vacation days shall not constitute abandonment of the Premises; (d) ; The making by Charter School of any general assignment or general arrangement for the benefit of creditors; the filing by or against Charter School or any guarantor of this Use the Agreement of a petition to have Charter School or any guarantor of this Use the Agreement adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Charter School or any guarantor of this Use the Agreement, the same is dismissed within sixty (60) days); the appointment of a trustee or received receiver to take possession of substantially all of the Charter School’s assets located at the Premises, or of Charter School’s interest in this Use the Agreement, where possession is not restored to Charter School within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Charter School’s assets located at the Premises or of Charter School’s interest in this Use the Agreement, where such seizure is not discharged within thirty (30) days; The making or furnishing by Charter School of any warranty, representation or statement to District in connection with the Agreement, which is false or misleading in any material respect when made or furnished; or The assignment, subletting or other transfer, or any attempted assignment, subletting or other transfer, of the Agreement. In the event of any default by Charter School, District shall have the right, in addition to all other rights available to District under the Agreement or now or later permitted by law or equity, to terminate the Agreement by providing Charter School with a notice of termination. Upon termination of the Agreement, District may recover from Charter School the worth at the time of award of the unpaid Rent and any other accrued fees which are due at the time of termination. In addition, upon termination, Charter School shall immediately vacate the Premises. The rights and remedies of District set forth herein are not exclusive, and District may exercise any other right or remedy now or later available to it under the Agreement, at law or in equity. District’s Default. District shall not be in default of any of its obligations hereunder, unless District fails to perform such obligations within a reasonable time, but in no event less than thirty (30) days, after written notice by Charter School to District specifying that District has failed to perform its obligations; provided, however, that if the nature of District’s default requires more than thirty (30) days to cure, District shall not be in default if District commences a cure within thirty (30) days and thereafter diligently prosecutes the same to completion. If District defaults hereunder, then Charter School may have by reason of such default all remedies available at law or equity, which includes the remedy of self-help and deduction of reasonable self-repair costs from the pro rata share payments owed. Charter School shall have no rights as a result of any default by District until Charter School gives thirty (30) days’ notice to District specifying the nature of the default. If District defaults hereunder after receipt of Charter School’s written notice, then Charter School may have by reason of such default remedies including the remedy of self-help and deduction of reasonable self-repair costs from the pro rata share payments owed.