Default A Sample Clauses
Default A. I will be in default of this lease if: (a) I fail to pay any amount due you within 60 days of the due date.
Default A. A "Default" shall exist hereunder by Licensee if Licensee fails in any material respect to be in compliance with the terms of Paragraphs 2, 4, 5, 6, 7 or 8 (an "Event of Default") and such failure, if curable, is not cured within ten (10) calendar days following notice of such failure from IMS.
Default A. The term “Default” shall mean the failure of either Party to perform any obligation in the time or manner provided in this Agreement. No Default shall exist where such failure to discharge an obligation (other than the payment of money) is the result of Force Majeure as defined in this Agreement or the result of an act or omission of the other Party. Upon a Default, the non-defaulting Party shall give written notice of such Default to the defaulting Party. Except as provided in Section 10.6.B, the defaulting Party shall have thirty
Default A. If Tenant shall fail to pay any part of the rent herein provided or any other sum required by this lease to be paid to Landlord at the times or in the manner provided, or if default shall be made in any of the other covenants or conditions on its part agreed to be performed, besides other rights or remedies it may have, under this lease or otherwise, if such failure to pay rent or such other sum or such default shall continue for ten (10) days after written notice thereof from Landlord to Tenant, then Landlord, may either (i) terminate this lease, or (ii) re-enter the premises by summary proceedings or otherwise, remove all persons and property from the premises without liability to any person for damages sustained by reason of such removal, and re-let the premises at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. In such event, Tenant shall remain liable for the monthly rent reserved in this lease, plus the reasonable cost of obtaining possession of and re-letting the premises and of any repairs and alterations necessary to prepare them for re-letting, less the rents received from such re letting, if any. Any and all monthly deficiencies so payable by Tenant shall be paid monthly on the date herein provided for the payment of rent. No such re-entry or taking possession of the premises by Landlord shall be construed as an election on its part to terminate this lease unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, Landlord may at any time thereafter elect to terminate this lease for such previous breach. Should Landlord at any time terminate this lease for any breach, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this lease for the remainder of the stated term over the then reasonable rent value of the premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord.
Default A. Debtor shall be in default under this agreement upon the happening of any of the following:
1. Failure to perform, or violation of, any obligations under Paragraph III or any covenant contained therein or in the payment of any note secured by this Agreement.
2. Any warranty or representation made to induce Secured Party to extend credit to the Debtor under this agreement or otherwise is false in any material respect when made, or
3. When any event occurs which results in the acceleration of the maturity of the indebtedness of Debtor to others under any indenture, agreement or undertaking, or
4. Death, dissolution, termination of existence, insolvency, business failure, or the commencement of any bankruptcy pro-ceeding by or against Debtor or by or against any guarantor or surety for Debtor.
Default A continued
4. Tenant fails to reimburse Landlord for any damages, repairs and costs to the Premises or Property (other than normal wear and tear) caused by the actions, neglect or intentional wrongdoing of Tenant or members of Tenant’s household and their invitees, licensees and guests.
5. Prior to the end of the lease, Tenant either moves out of the Premises or shuts off any of the utilities serving the Premises without the consent of Landlord. LEASE FOR RESIDENTIAL PROPERTY
Default A it is further agreed that if the said rent shall remain unpaid ten (10) days after the same shall become payable as aforesaid, or if the said Tenant shall assign this Lease, or underlet or otherwise dispose of the whole or any part of said demised premises, or use the same for any purpose but that hereinbefore authorized or make any alteration therein without the consent of the Landlord, in writing, or shall commit waste or suffer the same to be committed on said premises, or injure or misuse the same, then this Lease shall thereupon, by virtue of this express stipulation therein expire and terminate, and the Landlord may, at any time thereafter, re-enter said premises, and the same have and possess as of its former estate, manner prescribed by the statute relating to summary process; it being understood that no demand for rent, and no re-entry for condition broken, as at common law, shall be necessary to enable the Landlord to recover such possession pursuant to said statute relating to summary process, but that all right to any such demand, or any such re-entry is hereby expressly waived by the said Tenant.
Default A. Failure by TEMPLATE SOFTWARE or CUSTOMER to comply with any term or condition under this Agreement, or any other default by TEMPLATE SOFTWARE or CUSTOMER, shall entitle the other party to give the party in default written notice requiring it to cure such default. If the party in default has not cured such default within 30 days of such notice, the notifying party shall be entitled, in addition to any other rights it may have under this Agreement or otherwise under law, to immediately terminate this Agreement by written notice to the party in default. Any subsequent failure by TEMPLATE SOFTWARE or CUSTOMER to comply with any term or condition under this Agreement shall entitle the other party to terminate this Agreement immediately with written notification to the party in default.
Default A. In the event that: AND BANKRUPTCY
(i) The LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for five (5) days after written notice thereof; or
(ii) The LESSEE shall default in the observance or performance of any other of the LESSEE'S covenants, agreements, or obligations hereunder and such default shall not be corrected within fifteen (15) days after written notice thereof; or
(iii) The LESSEE or any guarantor of LESSEE'S obligations under the lease, files or is filed against in any bankruptcy, insolvency or reorganization petition; or
(iv) The LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE'S property for the benefit of creditors, or
(v) Any attachment is made of the leasehold interest outlined in this lease; or
(vi) The LESSEE fails to take possession of Premises within three (3) days of the Commencement Date or shall abandon the Premises; or
(vii) LESSEE violates the terms of Section 13 "Assignment & Subleasing"; or
(viii) A receiver is appointed to conduct LESSEE'S business (whether or not LESSOR has re-entered the premises) then the LESSOR shall have the right thereafter, while such default continues, to re-enter and take complete possession of the Premises, to terminate this lease, and remove the LESSEE'S effects without prejudice to any remedies which might be otherwise used for arrears of rent or other default. The LESSEE shall indemnify the LESSOR against all loss of rent and additional rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. If the LESSEE shall default, after reasonable notice thereof; in the observance or performance of any conditions or covenants on LESSEE'S part to be observed or performed under or by virtue of any of the provisions in any article of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of 18 per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent. Any sums not...
Default A. Notwithstanding any other provision herein, the following shall each constitute an event of default: a party or if the obligations of a party are guaranteed by another party whether under this agreement or otherwise, the guarantor of such party (each or either a "Non-Performing Party" shall (I) default in the payment or performance of any material obligation to the other party (the "Performing Party") under this or any other contract, and such default shall continue for three Business Days after Notice of such Default to the Non-Performing Party; (II) file a petition or otherwise commence or authorize the commencement of a proceeding or case under any bankruptcy, reorganization, or similar law for the protection of creditors or have any such petition filed or proceeding commenced against it; (III) otherwise become bankrupt or insolvent (however evidenced); (IV) be unable to pay its debts as the fall due by acceleration or otherwise; (V) merge or become consolidated with any other entity or transfer, by any means, all or substantially all of its assets to another entity and the creditworthiness of the resulting, surviving or transferee entity is materially weaker than that of the Non-Performing Party immediately prior to such action as reasonably determined by the Performing Party; (VI) fails to give adequate security for, or assurance or, its ability to perform its obligations hereunder or under any other contract within two business days or a reasonable request therefor from the Performing Party; or (VII) disaffirm, disclaim, repudiate or reject, in whole or in part, or challenge the validity of the Guaranty issued by the Guarantor.