CONDITIONAL LIMITATIONS. (a) This Lease and the demised terms are subject to the limitation that if, at any time prior to or during the term, any one or more of the following events (herein called an "event of default") shall occur, that is to say:
(i) If Tenant shall make an assignment for the benefit of its creditors; or
(ii) If the leasehold estate hereby created shall be taken on execution or by other process of law; or
(iii) If any petition shall be filed against Tenant in any court, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement, or insolvency proceedings, and Tenant shall thereafter be adjudicated bankrupt, or such petition shall be approved by the court, or the court shall assume jurisdiction of the subject matter and if such proceedings shall not be dismissed within ninety (90) days after the institution of the same, or if any such petition shall be so filed by the Tenant; or
(iv) If in any proceedings a receiver or trustee be appointed for Tenant's property, and such receivership or trusteeship shall not be vacated or set aside within ninety (90) days after tine appointment of such receiver or trustee; or
(v) If Tenant shall vacate or abandon the Premises and permit the same to remain unoccupied or closed for business for more than thirty (30) days; or
(vi) If Tenant shall be in default of any other lease that Tenant is a party to with Landlord or an affiliate of Landlord; or
(vii) If Tenant shall fail to pay any installment of the Fixed Monthly Rent or any part thereof when the same shall become due and payable, and such failure shall continue for Five (5) days without notice from landlord; or
(viii) If Tenant shall fail to pay any outer charge required to be paid by Tenant hereunder, and such failure small continue for Five (5) days after notice from Landlord; or
(ix) If Tenant shall fail to timely deliver to Landlord any Subordination Agreement or any Estoppel Certificate, as required hereunder; or
(x) Tenant fails to perform or observe any other requirement of this 1.ease (not hereinbefore specifically referred to) on the pant of Tenant to be performed or observed and such failure continues for thirty (30) days after receipt of notice from Landlord to Tenant.
(b) This Lease and the term are expressly subject to the conditional limitation that upon the happening of any one or more of the aforementioned events of default, Landlord, in addition to the other rights and re...
CONDITIONAL LIMITATIONS. Each covenant and agreement of Lessor and Lessee shall be a condition to the performance of the other's obligation hereunder, and breach by any party thereof, uncured as provided for herein, shall be a default.
CONDITIONAL LIMITATIONS. This Lease and the demised term are subject to the limitation that if, at any time prior to or during the term, any one or more of the following events (herein called an "Event of Default") shall occur, that is to say:
(a) If Tenant shall make an assignment for the benefit of its creditors; or
(b) If the leasehold estate hereby created shall be taken on execution or by other process of law; or
(c) If any petition shall be filed against Tenant in any court, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement, or insolvency proceedings, and Tenant shall thereafter be adjudicated bankrupt, or such petition shall be approved by the court, or the court shall assume jurisdiction of the subject matter and if any such proceedings shall not be dismissed within sixty (60) days after the institution of the same, or if any such petition shall be so filed by the Tenant, or
(d) If in any proceedings a receiver or trustee be appointed for Tenant's property, and such receivership or trusteeship shall not be vacated or set aside within sixty (60) days after the appointment of such receiver or trustee; or
CONDITIONAL LIMITATIONS. 34 SECTION 22.1. Conditional Limitations .......................... 34 SECTION 22.2. Remedies and Damages ............................. 36 SECTION 22.3. Waiver of Trial by Jury and Counterclaims ........ 38 SECTION 22.4. No Holdover by Tenant ............................ 38 SECTION 22.5. Landlord's Right to Cure ......................... 38 SECTION 22.6. Effects of Waivers of Breach; No Other Waiver .... 38 SECTION 22.7. Remedies Not Exclusive ........................... 39 SECTION 22.8. Payment of Landlord's Expenses ................... 39
CONDITIONAL LIMITATIONS. The following shall constitute Events of Default:
CONDITIONAL LIMITATIONS. Each term and each provision of this lease performable by Tenant shall be construed to be both a covenant and a condition.
CONDITIONAL LIMITATIONS. 8 12.02 Sublandlord's Remedies.........................................................................10
CONDITIONAL LIMITATIONS. (a) This Lease and the demised term are subject to the limitation that if, at any time prior to or during the term, any one or more of the following events (herein called an "event of default") shall occur, that is to say:
(i) If Tenant shall make an assignment for the benefit of its creditors; or (ii) If the leasehold estate hereby created shall be taken on execution or by other process of law; or
CONDITIONAL LIMITATIONS. The Lease and the estate hereby granted are subject to the limitations that (each of the following being hereinafter referred to as an "event of default," a "default," an "Event of Default," or a "Default," as the context so requires):
CONDITIONAL LIMITATIONS. 1. If, before or during the term of this lease or any renewal or extension thereof, the LESSEE shall be adjudged a bankrupt, or of any proceeding under the federal bankruptcy laws shall be filed by or against the LESSEE, then such occurrence shall be deemed a breach of this lease, and, upon the happening of such event, this lease shall, ipso facto, terminate, and the LESSEE shall be liable for all damages sustained by LESSOR as provided by law.
2. If, before or during the term of this lease or any renewal thereof (a) the LESSEE shall make an assignment for the benefit of creditors or (b) a receiver shall be appointed for the property of the LESSEE by order of a court competent jurisdiction by reason of the insolvency or alleged insolvency of the LESSEE, or (c) any department of the state of federal government, or any officer thereof authorized by order of court, shall take possession of the business or property of the LESSEE by reason of the insolvency or alleged insolvency of the LESSEE, or (d) should execution issue on any judgment and be levied against its interest in said PREMISES under the lease, then upon the happening of any such event, at the option of the LESSOR, this lease may be terminated by the LESSOR by written notice to that effect to the LESSEE, and the LESSOR shall, in addition to any other remedies provided by law in case of default by the LESSEE, be entitled to the damages as provided by law.
