Common use of CONDITIONAL LIMITATIONS Clause in Contracts

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 remedies it may have, shall have the right to immediately declare this Lease terminated and the term ended, in which event all of the right, title and interest of Tenant hereunder shall wholly cease and expire upon service by Landlord of a Notice of Termination. Tenant shall then quit and surrender the Premises to Landlord in the manner and under the conditions as provided for under this Lease, but Tenant shall remain liable as hereinafter provided.

CONDITIONAL LIMITATIONS. (a) This Lease Sublease and the demised terms 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: (ia) If Tenant Subtenant shall make an assignment for the benefit of its creditors; or (iib) If the leasehold subleasehold estate hereby created shall be taken on execution or by other process of law; or (iiic) If any petition shall be filed against Tenant Subtenant 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 Subtenant 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 TenantSubtenant; or (ivd) If in any proceedings a receiver or trustee be appointed for TenantSubtenant's property, and such receivership or trusteeship shall not be vacated or set aside within ninety (90) days after tine the appointment of such receiver or trustee; or (ve) If Tenant Subtenant shall vacate or abandon the Premises and permit the same to remain unoccupied or closed for business for more than thirty (30) days; or (vif) 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 Subtenant 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 ten (510) days without after notice from landlordSublandlord; or (viiig) If Tenant Subtenant shall fail to pay any outer other charge required to be paid by Tenant Subtenant hereunder, and such failure small shall continue for Five ten (510) days after notice thereof from LandlordSublandlord to Subtenant; or (ixh) If Tenant Subtenant 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 Sublease (not hereinbefore in this paragraph specifically referred to) on the pant part of Tenant Subtenant to be performed or observed observed, and such failure continues shall continue for thirty (30) days after receipt of notice thereof from Landlord Sublandlord 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 remedies it may have, shall have the right to immediately declare this Lease terminated and the term ended, in which event all of the right, title and interest of Tenant hereunder shall wholly cease and expire upon service by Landlord of a Notice of Termination. Tenant shall then quit and surrender the Premises to Landlord in the manner and under the conditions as provided for under this Lease, but Tenant shall remain liable as hereinafter provided.Subtenant;

CONDITIONAL LIMITATIONS. (a) This Lease and the demised terms Lease term are subject to the limitation that if, at any time prior to or during the Lease term, any one or more of the following events (herein called an "“event of default"”) shall occur, that is to say: (ia) If Tenant shall make an assignment for the benefit of its creditors; , or (iib) If the leasehold estate hereby created shall be taken on execution or by other process of law; , or (iiic) 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, 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 with ninety (90) days after the institution of the same, ; or if any such petition shall be so filed by the Tenant; or (ivd) If in any proceedings a receiver or trustee be appointed for Tenant's ’s property, and such receivership or trusteeship shall not be vacated or set aside within ninety (90) days after tine the appointment of such receiver or trustee; or (ve) 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 (viif) If Tenant shall fail to pay any installment of the Fixed Monthly Rent rent, or additional rent or any part thereof when the same shall become due and payable, and such failure shall continue for Five ten (510) days without after written notice thereof from landlordLandlord is received or refused by Tenant; or (viiig) If Tenant shall fail to pay any outer other charge required to be paid by Tenant hereunder, and such failure small shall continue for Five ten (510) days after written notice thereof from LandlordLandlord is received or refused by Tenant; or (ixh) 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 Lease (not hereinbefore in this paragraph specifically referred to) on the pant part of Tenant to be performed or observed observed, and such failure continues shall continue for thirty (30) days after receipt of written notice thereof from Landlord is received or refused by Tenant (unless such failure cannot be cured within thirty (30) days after written notice from Landlord to Tenant. (b) This Lease Tenant in which event the Tenant shall not be in default if Tenant commences to cure the failure within the thirty [30]day period and the term are expressly subject proceeds diligently thereafter to the conditional limitation that effect a cure within not more than ninety [90] days); then, upon the happening of any one or more of the aforementioned events of default, and the expiration of the period of time prescribed in any such notice of default, Landlord may give Tenant a written notice (hereinafter called “Notice of Termination”) of Landlord’s intention to end the term of the Lease at the expiration of ten (10) days from the date of such Notice of Termination, in addition to and at the other rights and remedies it may haveexpiration of such ten (10) days, shall have the right to immediately declare this Lease terminated and the term endedhereof, in which event as well as all of the right, title and interest of Tenant hereunder hereunder, shall wholly cease and expire upon service by Landlord in the same manner and with the same force and effect as if the date of a Notice expiration of Termination. such ten (10) day period were the date originally specified herein for the expiration of the Lease and the Lease term, and Tenant shall then quit and surrender the Premises to Landlord in the manner and under the conditions as provided for under this LeaseLandlord, but Tenant shall remain liable as hereinafter provided.

CONDITIONAL LIMITATIONS. Section 16.01. If at any time during the term of this Lease: (a) This Lease and Tenant shall file a petition in bankruptcy or insolvency or for reorganization or arrangement or for the demised terms are subject to the limitation that ifappointment of a receiver of all or a portion of Tenant's property, at any time prior to or during the term, any one or more or (b) Any petition of the following events kind referred to in subdivision (herein called an "event a) of default"this Section shall be filed against Tenant and such petition shall not be vacated, discharged or withdrawn within ninety (90) shall occurdays, that is to say:or (ic) If Tenant shall be adjudicated a bankrupt by any court, or (d) Tenant shall make an assignment for the benefit of its creditors; , or (iie) If the leasehold estate hereby created a permanent receiver shall be taken on execution or appointed for the property of Tenant by other process order of law; or a court of competent jurisdiction by reason of the insolvency of Tenant (iii) If any petition except where such receiver shall be filed against Tenant appointed in any courtan involuntary proceeding, 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 he shall not be dismissed withdrawn within ninety (90) days after the institution date of his appointment), then Landlord, at Landlord's option, may terminate this Lease on five (5) days' notice to Tenant, and upon such termination, Tenant shall quit and surrender the Demised Premises to Landlord. (a) If Tenant assumes this Lease and proposes to assign the same pursuant to the provisions of the sameUnited States Bankruptcy Code (the "Bankruptcy Code") to any person or entity who shall have made a bona fide offer to accept an assignment of this Lease on terms acceptable to Tenant, or if any then notice of such petition proposed assignment, setting forth (i) the name and address of such person, (ii) all of the terms and conditions of such offer, and (iii) the adequate assurance to be provided Landlord to assure such person's future performance under the Lease, including, without limitation, the assurance referred to in section 365(b)(1) of the Bankruptcy Code, shall be so filed given to Landlord by the Tenant; or Tenant not later than twenty (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 (9020) days after tine appointment receipt by Tenant but in no event later than ten (10) days prior to the date that Tenant shall make application to a court of competent jurisdiction for authority and approval to enter into such assignment and assumption, and Landlord shall thereupon have the prior right and option, to be exercised by notice to Tenant given at any time prior to the effective date of such receiver or trustee; or (v) If Tenant shall vacate or abandon the Premises and permit proposed assignment, to accept an assignment of this Lease upon the same to remain unoccupied or closed terms and conditions and for business for more than thirty (30) days; or (vi) If Tenant shall the same consideration, if any, as the bona fide offer made by such person, less any brokerage commissions which may 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 payable out 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 consideration to be paid by Tenant hereunder, and such failure small continue person 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 the assignment 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 TenantLease. (b) This If this Lease and the term are expressly subject is assigned to any person or entity pursuant to the conditional limitation that upon the happening of any one or more provisions of the aforementioned events of defaultBankruptcy Code, any and all monies or other considerations payable or otherwise delivered in connection with such assignment shall be paid or delivered to Landlord, shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any and all monies or other considerations constituting Landlord's Property under the preceding sentence not paid or delivered to Landlord shall be held in addition trust for the benefit of Landlord and shall be promptly paid to Landlord. (c) Any person or entity to which this Lease is assigned pursuant to the other rights and remedies it may haveprovisions of the Bankruptcy Code, shall be deemed without further act or deed to have the right to immediately declare this Lease terminated and the term ended, in which event assumed all of the rightobligations arising under this Lease on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Landlord an instrument confirming such assumption. (d) Nothing contained in this Section shall, title and interest in any way, constitute a waiver of Tenant hereunder shall wholly cease and expire upon service by Landlord the provisions of a Notice of Terminationthis Lease relating to assignment. Tenant shall then quit and surrender the Premises not, by virtue of this Section, have any further rights relating to Landlord assignment other than those granted in the manner and under Bankruptcy Code. (e) Notwithstanding anything in this Lease to the conditions as provided for contrary, all amounts payable by Tenant to or on behalf of Landlord under this Lease, but Tenant whether or not expressly denominated as rent, shall remain liable constitute rent for the purposes of Section 502(b)(6) of the Bankruptcy Code. (f) The term "Tenant" as hereinafter providedused in this Section includes any guarantor of this Lease, or any, trustee, debtor in possession, receiver, custodian or other similar officer.

CONDITIONAL LIMITATIONS. (aA) This Lease and the demised terms are subject to the limitation that if, at any time prior to or during the term, If any one or more of the following events (herein called an "event “Events of default"Default”) shall occur, that is to sayhappen: (i1) If Tenant TENANT shall fail to make an assignment for the benefit any payment of its creditors; or base rent owed under this lease when due and payable and such payment has not been made within ten (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 (9010) days after the institution notice thereof from OWNER to TENANT of the same, or if any such petition shall be so filed by the Tenant; ornon-payment; (iv2) If in TENANT shall fail to make any proceedings a receiver or trustee be appointed for Tenant's property, payment of additional rent owed under this Lease when due and payable and such receivership or trusteeship shall payment is not be vacated or set aside made within ninety ten (9010) days after tine appointment of such receiver or trustee; ornotice thereof from OWNER to TENANT; (v3) 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 TENANT shall fail to pay perform or comply with any installment of the Fixed Monthly Rent covenants, agreements, terms or any part thereof when conditions contained in this lease other than those referred to in the same shall become due and payable, foregoing sub-paragraphs 1 or 2 of this Section 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 a period 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 notice thereof from OWNER to TENANT, or in the case of a default or a contingency which cannot with due diligence be cured within such period of thirty (30) days, if TENANT shall fail to commence to cure the same and thereafter to prosecute the curing of such default with due diligence (it being intended that in connection with a default not susceptible of being cured with due diligence within thirty (30) days that the time of TENANT within which to cure the same shall be extended for such period as may be necessary to complete the same with due diligence); Then and in any such event OWNER, at any time thereafter, may give written notice to TENANT specifying such event(s) of default and stating that this lease and the term hereby demised shall expire and terminate on the date specified in such notice, which shall be at least seven (7) days after the giving of such notice, and upon the date specified in such notice this lease and the term hereby demised and all rights of TENANT under this lease shall expire and terminate as fully and completely as if said date were the date herein originally fixed for the expiration of this lease; B) Upon any termination of this lease pursuant to paragraph A of this Section, or any termination by summary proceedings or otherwise, TENANT shall quit and peacefully surrender the premises to OWNER, without any payment therefor by OWNER, and OWNER, upon or at any time after any such termination may, without further notice, enter upon and re-enter the premises and possess and re-possess itself thereof, summary proceedings, ejectment or as otherwise permitted by law, and may dispossess TENANT and remove TENANT and all other persons and property from Landlord the premises and may have, hold and enjoy the premises and the right to Tenantreceive all rental income of and from the same. C) After any termination pursuant to paragraph A of this Section, or any termination by summary proceedings or otherwise, (a) all sums payable by TENANT hereunder up to the time of such termination shall become due thereupon and be paid, (b) This Lease at OWNER’S option, either (i) there shall immediately become due from TENANT or the legal representatives of TENANT the aggregate amount of base rent and additional rent which would have been payable by TENANT for the period commencing with such termination and ending on the originally fixed expiration date of the lease, less the fair rental value of the demised premises for such period, such difference being discounted to present value at a commercially reasonable interest rate, or (ii) TENANT may xxx for the base rent and the term are expressly subject to the conditional limitation that upon the happening of any one additional as it comes due or more of the aforementioned events of default, Landlordwould have come due had this lease not been terminated and, in addition either case, OWNER shall be entitled to receive from TENANT all costs and expenses of putting the other rights property in good order, or for preparing the same for re-rental, plus reasonable attorneys’ fees and remedies it may havecosts and disbursements for the collection of such amount which amount plus such reasonable attorneys’ and brokerage fees, costs and disbursements shall have the right to immediately declare this Lease terminated and the term ended, in which event all of the right, title and interest of Tenant hereunder shall wholly cease and expire upon service by Landlord of a Notice of Termination. Tenant shall then quit and surrender the Premises to Landlord in the manner and under the conditions as provided for under this Lease, but Tenant shall remain liable as hereinafter providedconstitute additional rent.