Common use of Default and Early Termination Clause in Contracts

Default and Early Termination. If Licensee fails to pay the License Fees, or any other charges provided for hereunder when the same is due, and the same shall not be paid five (5) days after written notice, or if Licensee breaches any other covenant of this Agreement and fails to remedy same within ten (10) days after written notice of such breach, or as to matters which cannot be remedied in ten (10) days fails to commence efforts to remedy such default within such ten (10) day period and thereafter diligently to prosecute such efforts, Licensor may, in addition to any other rights it may have under this Agreement, declare this Agreement terminated and Licensee shall thereupon promptly vacate the Licensed Location, delivering same to Licensor in the condition set forth in paragraph 12 below, and if Licensee fails to do so, it shall be liable to Licensor for Licensor’s cost of doing same. Anything in this Agreement to the contrary notwithstanding, if Licensee shall become insolvent, bankrupt or make an assignment for the benefit of creditors, or if Licensee or its interest hereunder shall be levied upon or sold under execution of other legal process, or if the act or omission of Licensee would or might cause a default under the Lease, Licensor may immediately terminate this Agreement and all License Fees in arrears, together with the next three (3) month’s License Fees shall immediately become due and payable. It is expressly understood and agreed that the Agreement is subject and subordinate to the Lease, and Licensor shall have no liability whatsoever for termination of this Agreement with respect to the Licensed Location arising out of the Lease or any action under the Lease by any Landlord or party claiming under Landlord or under Lease.

Default and Early Termination. 14.1 If Licensee fails the Fire District violates or neglects any covenant, agreement or stipulation herein contained on its part to pay be kept, performed or observed and any such default on the License Fees, or any other charges provided part of the Fire District shall continue for hereunder when the same is due, and the same shall not be paid five thirty (5) days after written notice, or if Licensee breaches any other covenant of this Agreement and fails to remedy same within ten (1030) days after written notice of such breachthereof to the Fire District by the Regional District, or as to matters which cannot be remedied in ten (10) days fails to commence efforts to remedy such default within such ten (10) day period and thereafter diligently to prosecute such efforts, Licensor may, in addition to any other rights it the Regional District may have under terminate this Agreement, declare this Agreement terminated including the Licence of Use contained in section 7.0 and Licensee shall thereupon promptly vacate re-enter and take possession of the Licensed Location, delivering same to Licensor in the condition set forth in paragraph 12 belowLands, and if Licensee fails to do so, it shall be liable to Licensor for Licensor’s cost the rights of doing same. Anything in this Agreement the Fire District with respect to the contrary notwithstandingthis Agreement, the Lands and the Building lapse and are absolutely forfeit immediately. The Regional District may by reasonable force if Licensee necessary without any previous notice of intention to re-enter and may remove any persons and property from the Lands and Building and may use such force and assistance in making such removal as the Regional District may deem advisable to recover at once full and exclusive possession of the Lands and Building. 14.2 If during the Term hereof or any renewal thereof, any of the goods or chattels of the Fire District shall become insolvent, bankrupt at any time be seized or taken in execution or attachment by any creditor of the Fire District or if the Fire District shall make an any assignment for the benefit of creditors, creditors or commit any other act of bankruptcy or shall become bankrupt or insolvent or shall take the benefit of any bankruptcy or insolvency legislation or if Licensee a receiver be appointed by a court or its interest hereunder any person or in the case that the Lands are used by any other person or for any other purpose than is herein provided without the prior written consent of the Regional District or if any order shall be levied made for the winding up or dissolution of the Fire District or it should otherwise cease to exist then the Term hereof or any renewal thereof shall become forfeit and void, and it shall be lawful for the Regional District any time thereafter to re-enter into or upon the Lands and Building or sold under execution any part thereof in the name of other legal processthe whole, or if to have again, repossess and enjoy as of its former estate, notwithstanding anything herein contained to the act or omission of Licensee would or might cause a default under the Lease, Licensor may immediately terminate contrary and neither this Agreement and all License Fees in arrears, together with the next three (3) month’s License Fees nor any interest therein nor any estate hereby created shall immediately become due and payable. It is expressly understood and agreed that the Agreement is subject and subordinate pass to or enure to the Leasebenefit of any trustee in bankruptcy or any receiver or any assignee for the benefit of creditors or otherwise by operation of law. 14.3 If the Regional District exercises its right of termination as outlined in sections 14.1 or 14.2, and Licensor shall have no liability whatsoever for termination of this Agreement with respect to the Licensed Location arising out then it may recover possession of the Lease or any action under the Lease by any Landlord or party claiming under Landlord or under LeaseLands and Building in accordance with sections 12 and 13.

Default and Early Termination. If Licensee fails In the event Lessee should fail to pay any one of the License Feesaforesaid installments of rent, or any other charges provided for hereunder part thereof when due or in the event Lessee should fail to perform or observe any of the covenants, agreements, terms or conditions herein made, assumed or agreed to be Lessee, or in the event Lessee abandons the leased vehicle, or in the event of the insolvency of Lessee, then in any of the said events Lessor may, at its option: (1) immediately forfeit this lease and terminate the same is dueand repossess the asset and expel Lessee and any other person in possession thereof and holding Lessee liable for all accrued rent and for any and all damages caused by or arising from Xxxxxx’s breach; or (2) immediately repossess the asset and re-let same for the account of Lessee, holding Lessee liable monthly for any deficiencies resulting for the residue of the term; or (3) may declare due and payable all unpaid rentals for the entire residue of the term; or (4) pursue any other right or remedy available in law or equity. All such rights and remedies are in addition to and not to the exclusion or exhaustion of any other rights, remedies or causes which Lessor may have including the right to collect past due rent and distrait, and the same exercise or pursuit of Lessor of any of the rights, remedies or causes of action occurring hereunder shall not be paid five (5) days after written notice, in exhaustion or if Licensee breaches exclusion of any other covenant rights, remedy or cause of this Agreement action Lessor might otherwise have. In the event Lessee abandons the vehicle, nothing herein shall require Lessor to re-let same for Lessee’s account, and fails to remedy same within ten (10) days after written notice of such breach, or as to matters which canthere shall not be remedied in ten (10) days fails to commence efforts to remedy such default within such ten (10) day period and thereafter diligently to prosecute such efforts, Licensor may, in addition to any other rights it may have under this Agreement, declare this Agreement terminated and Licensee shall thereupon promptly vacate the Licensed Location, delivering same to Licensor in the condition set forth in paragraph 12 below, and if Licensee fails a duty to do so. The failure of Lessor to exercise the options herein available to Lessor in any one or more instances shall not be a waiver of the right to exercise such option for any future breach of the same or any other covenant, it shall be liable to Licensor for Licensor’s cost of doing sameagreement or condition. Anything in this Agreement to In the contrary notwithstanding, if Licensee shall become insolvent, bankrupt or make an assignment for the benefit of creditors, or if Licensee or its interest hereunder shall be levied upon or sold under execution of other legal process, or if the act or omission of Licensee would or might cause a event Lessee should default under the Leaseterms and conditions hereof, Licensor may immediately terminate this Agreement or fail to perform any of the terms and conditions herein contained and required of Lessee, and Lessor employs an attorney-at-law to protect Xxxxxx’s interest and Lessor obtains a judgment or settlement in Lessor’s favor, then the fees, charges, and expenses of such attorney-at-law, and all License Fees costs, charges and expenses in arrearsobtaining said judgment or settlement shall and will form a portion of such judgment or settlement and be included in such judgment or settlement and then be paid to Lessor. The Lessor may cancel the lease on the Lessee’s default through written notice to this effect, together delivered to the Lessee or mailed to him by registered or certified mail at his address as is shown in the lease contract, or at Xxxxxx’s last known address. Upon receipt of such notice or within five days after its mailing, whichever is earlier, Xxxxxx shall surrender possession of the leased asset to Lessor within the delays provided above, Lessor may cause Lessee to be cited summarily by a court of competent, jurisdiction to show why Lessee should not be ordered to surrender possession of the vehicle. At the Lessor’s demand, the Lease shall terminate and be voided upon the activation of the LRAA’s Ambulance Surge Contract so that all necessary assets can be utilized for emergency response. The lessor shall give lessee twenty- four (24) hours written notification of the termination of the lease due to activation of the Ambulance Surge Contract. Xxxxxx shall surrender possession of the leased asset twenty-four hours notification is delivered to lessee. In the written notification, the lessor shall include proof of the activation of its Ambulance Surge Contract with the next three (3) monthstate. The LRAA’s License Fees shall immediately become due Surge Contract is activated on a contingency basis and payableis activated by the State. It is expressly understood and agreed that the Agreement is subject and subordinate to the LeaseWritten notification as used in this termination provision means any written notification, and Licensor shall have no liability whatsoever for termination of this Agreement with respect to the Licensed Location arising out such as but not limited to, mail, facsimile, or electronic mail. The failure of the Lease Lessor to insist upon the strict performance of the terms, covenants, agreements and conditions hereby contained, or any action under of them, shall not constitute or be construed as a waiver or relinquishment of the Lease by Lessor’s right thereafter to enforce any Landlord or party claiming under Landlord or under Leasesuch terms, covenants, agreements and conditions, but the same shall continue in full force and effect.

Default and Early Termination. If Licensee fails In the event Lessee should fail to pay any one of the License Feesaforesaid installments of rent, or any other charges provided for hereunder part thereof when due or in the event Lessee should fail to perform or observe any of the covenants, agreements, terms or conditions herein made, assumed or agreed to be Lessee, or in the event Lessee abandons the leased vehicle, or in the event of the insolvency of Lessee, then in any of the said events Lessor may, at its option: (1) immediately forfeit this lease and terminate the same is dueand repossess the asset and expel Lessee and any other person in possession thereof and holding Lessee liable for all accrued rent and for any and all damages caused by or arising from Lessee’s breach; or (2) immediately repossess the asset and re-let same for the account of Lessee, holding Lessee liable monthly for any deficiencies resulting for the residue of the term; or (3) may declare due and payable all unpaid rentals for the entire residue of the term; or (4) pursue any other right or remedy available in law or equity. All such rights and remedies are in addition to and not to the exclusion or exhaustion of any other rights, remedies or causes which Lessor may have including the right to collect past due rent and distrait, and the same exercise or pursuit of Lessor of any of the rights, remedies or causes of action occurring hereunder shall not be paid five (5) days after written notice, in exhaustion or if Licensee breaches exclusion of any other covenant rights, remedy or cause of this Agreement action Lessor might otherwise have. In the event Lessee abandons the vehicle, nothing herein shall require Lessor to re-let same for Lessee’s account, and fails to remedy same within ten (10) days after written notice of such breach, or as to matters which canthere shall not be remedied in ten (10) days fails to commence efforts to remedy such default within such ten (10) day period and thereafter diligently to prosecute such efforts, Licensor may, in addition to any other rights it may have under this Agreement, declare this Agreement terminated and Licensee shall thereupon promptly vacate the Licensed Location, delivering same to Licensor in the condition set forth in paragraph 12 below, and if Licensee fails a duty to do so. The failure of Lessor to exercise the options herein available to Lessor in any one or more instances shall not be a waiver of the right to exercise such option for any future breach of the same or any other covenant, it shall be liable to Licensor for Licensor’s cost of doing sameagreement or condition. Anything in this Agreement to In the contrary notwithstanding, if Licensee shall become insolvent, bankrupt or make an assignment for the benefit of creditors, or if Licensee or its interest hereunder shall be levied upon or sold under execution of other legal process, or if the act or omission of Licensee would or might cause a event Lessee should default under the Leaseterms and conditions hereof, Licensor may immediately terminate this Agreement or fail to perform any of the terms and conditions herein contained and required of Lessee, and Lessor employs an attorney-at-law to protect Lessor’s interest and Lessor obtains a judgment or settlement in Lessor’s favor, then the fees, charges, and expenses of such attorney-at-law, and all License Fees costs, charges and expenses in arrearsobtaining said judgment or settlement shall and will form a portion of such judgment or settlement and be included in such judgment or settlement and then be paid to Lessor. Attorney’s fees payable to Lessor’s attorney-at- law are hereby set at twenty-five percent (25%) of such judgment; the minimum fee, together however, to $150.00. The Lessor may cancel the lease on the Lessee’s default through written notice to this effect, delivered to the Lessee or mailed to him by registered or certified mail at his address as is shown in the lease contract, or at Lessee’s last known address. Upon receipt of such notice or within five days after its mailing, whichever is earlier, Lessee shall surrender possession of the leased asset to Lessor within the delays provided above, Lessor may cause Lessee to be cited summarily by a court of competent, jurisdiction to show why Lessee should not be ordered to surrender possession of the vehicle. The Lease shall terminate and be voided upon the activation of the LRAA’s Ambulance Surge Contract so that all necessary assets can be utilized for emergency response. The lessor shall give lessee twenty- four (24) hours written notification of the termination of the lease due to activation of the Ambulance Surge Contract. Lessee shall surrender possession of the leased asset twenty-four hours notification is delivered to lessee. In the written notification, the lessor shall include proof of the activation of its Ambulance Surge Contract with the next three (3) monthstate. The LRAA’s License Fees shall immediately become due Surge Contract is activated on a contingency basis and payableis activated by the State. It is expressly understood and agreed that the Agreement is subject and subordinate to the LeaseWritten notification as used in this termination provision means any written notification, and Licensor shall have no liability whatsoever for termination of this Agreement with respect to the Licensed Location arising out such as but not limited to, mail, facsimile, or electronic mail. The failure of the Lease Lessor to insist upon the strict performance of the terms, covenants, agreements and conditions hereby contained, or any action under of them, shall not constitute or be construed as a waiver or relinquishment of the Lease by Lessor’s right thereafter to enforce any Landlord or party claiming under Landlord or under Leasesuch terms, covenants, agreements and conditions, but the same shall continue in full force and effect.

Default and Early Termination. If Licensee fails In the event Lessee should fail to pay any one of the License Feesaforesaid installments of rent, or any other charges provided for hereunder part thereof when due or in the event Lessee should fail to perform or observe any of the covenants, agreements, terms or conditions herein made, assumed or agreed to be Lessee, or in the event Lessee abandons the Asset, or in the event of the insolvency of Lessee, then in any of the said events Lessor may, at its option: (1) immediately forfeit this lease and terminate the same is dueand repossess the Asset and expel Lessee and any other person in possession thereof and hold Lessee liable for all accrued rent and for any and all damages caused by or arising from Lessee’s breach; or (2) immediately repossess the Asset and re-let same for the account of Lessee, holding Lessee liable monthly for any deficiencies resulting for the residue of the term; or (3) may declare due and payable all unpaid rentals for the entire residue of the term; or (4) pursue any other right or remedy available in law or equity. All such rights and remedies are in addition to and not to the exclusion or exhaustion of any other rights, remedies or causes which Lessor may have including the right to collect past due rent, and the same exercise or pursuit of Lessor of any of the rights, remedies or causes of action occurring hereunder shall not be paid five (5) days after written notice, in exhaustion or if Licensee breaches exclusion of any other covenant rights, remedy or cause of this Agreement action Lessor might otherwise have. In the event Lessee abandons the Asset, nothing herein shall require Lessor to re-let same for Lessee’s account, and fails to remedy same within ten (10) days after written notice of such breach, or as to matters which canthere shall not be remedied in ten (10) days fails to commence efforts to remedy such default within such ten (10) day period and thereafter diligently to prosecute such efforts, Licensor may, in addition to any other rights it may have under this Agreement, declare this Agreement terminated and Licensee shall thereupon promptly vacate the Licensed Location, delivering same to Licensor in the condition set forth in paragraph 12 below, and if Licensee fails a duty to do so. The failure of Lessor to exercise the options herein available to Lessor in any one or more instances shall not be a waiver of the right to exercise such option for any future breach of the same or any other covenant, it shall be liable to Licensor for Licensor’s cost of doing sameagreement or condition. Anything in this Agreement to In the contrary notwithstanding, if Licensee shall become insolvent, bankrupt or make an assignment for the benefit of creditors, or if Licensee or its interest hereunder shall be levied upon or sold under execution of other legal process, or if the act or omission of Licensee would or might cause a event Lessee should default under the Leaseterms and conditions hereof, Licensor may immediately terminate this Agreement or fail to perform any of the terms and conditions herein contained and required of Lessee, and Lessor employs an attorney-at-law to protect Lessor’s interest and Lessor obtains a judgment or settlement in Lessor’s favor, then the fees, charges, and expenses of such attorney-at-law, and all License Fees costs, charges and expenses in arrearsobtaining said judgment or settlement shall and will form a portion of such judgment or settlement and be included in such judgment or settlement and then be paid to Lessor. The Lessor may cancel the lease on the Lessee’s default through written notice. Upon receipt of such notice or within five days after its mailing, together whichever is earlier, Lessee shall surrender possession of the leased Asset to Lessor within the delays provided above. At the Lessor’s demand, the Lease shall terminate and be voided upon the activation of the LRAA’s Ambulance Surge Contract so that all necessary Assets can be utilized for emergency response. The Lessor shall give Lessee twenty- four (24) hours written notification of the termination of the lease due to activation of the Ambulance Surge Contract. Lessee shall surrender possession of the leased Asset after the twenty- four hour advance notification is delivered to Lessee. In the written notification, the Lessor shall include proof of the activation of its Ambulance Surge Contract with the next three (3) monthstate. The LRAA’s License Fees shall immediately become due Surge Contract is activated on a contingency basis and payableis activated by the State. It is expressly understood and agreed that the Agreement is subject and subordinate to the LeaseWritten notification as used in this Section means any written notification, and Licensor shall have no liability whatsoever for termination of this Agreement with respect to the Licensed Location arising out such as but not limited to, mail, facsimile, or electronic mail. The failure of the Lease Lessor to insist upon the strict performance of the terms, covenants, agreements and conditions hereby contained, or any action under of them, shall not constitute or be construed as a waiver or relinquishment of the Lease by Lessor’s right thereafter to enforce any Landlord or party claiming under Landlord or under Leasesuch terms, covenants, agreements and conditions, but the same shall continue in full force and effect.