Common use of Default and Right to Re Clause in Contracts

Default and Right to Re. enter (a) any Rent due is not paid within five (5) days after notice in writing from XXXXX XXXXXXXX to the Tenant; (b) the Tenant has breached any of its obligations in this Lease and, if such breach is capable of being remedied and is not otherwise listed in this Section 15.01, after notice in writing from XXXXX XXXXXXXX to the Tenant: (i) the Tenant fails to remedy such breach within ten (10) days (or such shorter period as may be provided in this Lease); or (ii) if such breach cannot reasonably be remedied within ten (10) days (or such shorter period), the Tenant fails to commence to remedy such breach within ten (10) days of such breach, or thereafter fails to proceed diligently to remedy such breach; (c) the Tenant becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, an assignment or arrangement with its creditors, or any steps are taken or proceedings commenced by any person for the dissolution, winding‐up or other termination of the Tenant's existence or the liquidation of its assets; (d) a trustee, receiver, receiver/manager or a person acting in a similar capacity is appointed with respect to the business or assets of the Tenant; (e) this Lease or any of the Tenant's assets are taken under a writ of execution and such writ is not stayed or vacated within fifteen (15) days after the date of such taking; (f) the Tenant makes an assignment or sublease, other than in compliance with the provisions of this Lease; (g) the Tenant abandons or attempts to abandon the Premises, or the Premises become vacant or substantially unoccupied for a period of ten (10) consecutive days or more without the consent of XXXXX XXXXXXXX; (h) the Tenant moves or commences, attempts or threatens to move its trade fixtures, chattels and equipment out of the Premises; (i) any insurance policy covering any part of the Premises is, or is threatened to be, cancelled or adversely changed (including a substantial premium increase) as a result of any action or omission by the Tenant or any person for whom it is legally responsible; (j) any representations and warranties made by the Tenant to XXXXX XXXXXXXX are determined to be false; (k) the Tenant breaches any other agreement it has with XXXXX XXXXXXXX; (l) the Tenant fails to maintain any licensing required for its operation of the Program; or (m) the Tenant breaches its “child services funding agreement” with the County of Middlesex.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Default and Right to Re. enter (a) any Rent due is not paid within five when due and such failure continues for ten (510) days after notice in writing from XXXXX XXXXXXXX the Landlord to the Tenant; (b) the Tenant has breached any of its obligations in this Lease and, if such breach is capable of being remedied and is not otherwise listed in this Section 15.0114.1, after notice in writing from XXXXX XXXXXXXX the Landlord to the Tenant: (i) the Tenant fails to remedy such breach within ten (10) days (or such shorter period as may be provided in this Lease); or (ii) if such breach cannot reasonably be remedied within ten (10) days (or such shorter period), the Tenant fails to commence to remedy such breach within ten (10) days of such breach, or thereafter fails to proceed diligently to remedy such breach; (c) the Tenant becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, an assignment or arrangement with its creditors, or any steps are taken or proceedings commenced by any person for the dissolution, winding‐up winding-up or other termination of the Tenant's ’s existence or the liquidation of its assets; (d) a trustee, receiver, receiver/manager or a person acting in a similar capacity is appointed with respect to the business or assets of the Tenant; (e) this Lease or any of the Tenant's ’s assets are taken under a writ of execution and such writ is not stayed or vacated within fifteen (15) days after the date of such taking;; or (f) the Tenant makes an assignment or sublease, other than in compliance with the provisions of this Lease; (g) the Tenant abandons or attempts to abandon the Premises, or the Premises become vacant or substantially unoccupied for a period of ten (10) consecutive days or more without the consent of XXXXX XXXXXXXX; (h) the Tenant moves or commences, attempts or threatens to move its trade fixtures, chattels and equipment out of the Premises; (i) any insurance policy covering any part of the Premises is, or is threatened to be, cancelled or adversely changed (including a substantial premium increase) as a result of any action or omission by the Tenant or any person for whom it is legally responsible; (j) any representations and warranties made by the Tenant to XXXXX XXXXXXXX are determined to be false; (k) the Tenant breaches any other agreement it has with XXXXX XXXXXXXX; (l) the Tenant fails to maintain any licensing required for its operation of the Program; or (m) the Tenant breaches its “child services funding agreement” with the County of Middlesex.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement, Industrial Lease

Default and Right to Re. enter (a) any Rent due is not paid within five (5) days after notice in writing from XXXXX XXXXXXXX to the Tenantpayment is due hereunder; (b) the Tenant has breached any of its obligations in this Lease and, if such breach is capable of being remedied and is not otherwise listed in this Section 15.0111.1, after on receipt of notice in writing from XXXXX XXXXXXXX to the TenantLandlord: (( i) the Tenant fails to remedy such breach within ten (10) days (or such shorter period as may be provided in this Lease); or (( ii) if such breach cannot reasonably be remedied within ten (10) days (or such shorter period), the Tenant fails to commence to remedy such breach within such ten (10) days of (or such breach, shorter period) or thereafter fails to proceed diligently to remedy such breach; (c) the Tenant or any indemnifier becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, an assignment or arrangement with its creditors, or any steps are taken or proceedings commenced by any person for the dissolution, winding‐up winding-up or other termination of the Tenant's ’s existence or the liquidation of its assets; (d) a trustee, receiver, receiver/manager manager, or a person acting in a similar capacity is appointed with respect to the business or assets of the TenantTenant or any indemnifier; (e) the Tenant or any indemnifier makes a sale in bulk of all or a substantial portion of its assets, other than in conjunction with as assignment or sublease approved by the Landlord; (f) this Lease or any of the Tenant's ’s assets are taken under a writ of execution execution, and such writ is not stayed or vacated within fifteen (15) days after the date of such taking; (fg) the Tenant makes an assignment or sublease, other than in compliance with the provisions of this Lease; (gh) the Tenant abandons or attempts to abandon the Premises, or the Premises become vacant or substantially unoccupied for a period of ten (10) consecutive days or more without the consent of XXXXX XXXXXXXXthe Landlord; (hi) the Tenant moves or commences, attempts or threatens to move its trade fixtures, chattels and equipment out of the Premises;; or (ij) any insurance policy covering any part of the Premises Building is, or is threatened to be, cancelled or adversely changed (including a substantial premium increase) as a result of any action or omission by the Tenant or any person party for whom it is legally responsible; (j) any representations and warranties made by the Tenant to XXXXX XXXXXXXX are determined to be false; (k) the Tenant breaches any other agreement it has with XXXXX XXXXXXXX; (l) the Tenant fails to maintain any licensing required for its operation of the Program; or (m) the Tenant breaches its “child services funding agreement” with the County of Middlesex.

Appears in 1 contract

Samples: Lease Agreement

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Default and Right to Re. enter (a) any Rent due is not paid within five (5) days after notice in writing from XXXXX XXXXXXXX the Landlord to the Tenant; (b) the Tenant has breached any of its obligations in this Lease and, if such breach is capable of being remedied and is not otherwise listed in this Section 15.0113.1, after notice in writing from XXXXX XXXXXXXX the Landlord to the Tenant: (i) the Tenant fails to remedy such breach within ten (10) days (or such shorter period as may be provided in this Lease); or (ii) if such breach cannot reasonably be remedied within ten (10) days (or such shorter period), the Tenant fails to commence to remedy such breach within ten (10) days of such breach, or thereafter fails to proceed diligently to remedy such breach; (c) the Tenant becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, an assignment or arrangement with its creditors, or any steps are taken or proceedings commenced by any person for the dissolution, winding‐up winding-up or other termination of the Tenant's ’s existence or the liquidation of its assets; (d) a trustee, receiver, receiver/manager or a person acting in a similar capacity is appointed with respect to the business or assets of the Tenant; (e) the Tenant makes a sale in bulk of all or a substantial portion of its assets, other than in conjunction with an assignment or sublease approved by the Landlord; (f) this Lease or any of the Tenant's ’s assets are taken under a writ of execution and such writ is not stayed or vacated within fifteen (15) days after the date of such taking; (fg) the Tenant makes an assignment or sublease, other than in compliance with the provisions of this Lease; (gh) the Tenant abandons or attempts to abandon the Premises, or the Premises become vacant or substantially unoccupied for a period of ten (10) consecutive days or more without the consent of XXXXX XXXXXXXXthe Landlord; (hi) the Tenant moves or commences, attempts or threatens to move its trade fixtures, chattels and equipment out of the Premises; (ij) any insurance policy covering any part of the Premises is, or is threatened to be, cancelled or adversely changed (including a substantial premium increase) as a result of any action or omission by the Tenant or any person for whom it is legally responsible; (j) any representations and warranties made by the Tenant to XXXXX XXXXXXXX are determined to be false;; or (k) the Tenant breaches any other agreement it has with XXXXX XXXXXXXX; is in default (las set out therein) under the Tenant fails to maintain any licensing required for its operation of the Program; or (m) the Tenant breaches its “child services funding agreement” with the County of MiddlesexProcessing Contract.

Appears in 1 contract

Samples: Lease Agreement

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