Common use of Default by Lessee Clause in Contracts

Default by Lessee. The occurrence of any one or more of the following events shall constitute a default of this Lease by Lessee: (a) The vacating or abandonment of the Premises by Lessee combined with the failure to pay rent; (b) The failure of Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue to for a period of ten (10) days after written notice thereof from Lessor to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center to be observed or performed by Lessee, other than described in Paragraph 12.1 (b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided further, that if the nature of Lessee’s default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or (d) The making by Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Premises, or of Lessee’s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Lessee. The occurrence of any one or more of the following events shall constitute a default of this Lease by the Lessee: (a) The vacating or abandonment of the Premises by the Lessee combined with the failure to pay rent; (b) The failure of the Lessee to make any payment of rent or any other payment required to be made by the Lessee hereunder, as and when due, where such failure shall continue to for a period of ten three (103) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (c) The failure by the Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center the Project) to be observed or performed by the Lessee, other than described in Paragraph 12.1 (b12.1(b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided provided, further, that if the nature of the Lessee’s 's default is such that more than thirty (30) days are reasonably required for its cure, then the Lessee shall not be deemed to be in default if the Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or (d) The making by the Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against the Lessee of a petition to have the Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of the Lessee’s 's assets located at the Premises, or of the Lessee’s 's interest in this Lease, where possession is not restored to the Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of the Lessee’s 's assets located at the Premises or of the Lessee’s 's interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Lessee. The occurrence of any one or more of the following events shall constitute a default of this Lease by the Lessee: (a) The vacating or abandonment of the Premises by the Lessee combined with the failure to pay rent; (b) The failure of the Lessee to make any payment of rent or any other payment required to be made by the Lessee hereunder, as and when due, where such failure shall continue to for a period of ten three (103) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (c) The failure by the Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center the Project) to be observed or performed by the Lessee, other than described in Paragraph 12.1 (b12.1(b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided provided, further, that if the nature of the Lessee’s default is such that more than thirty (30) days are reasonably required for its cure, then the Lessee shall not be deemed to be in default if the Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or (d) The making by the Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against the Lessee of a petition to have the Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of the Lessee’s assets located at the Premises, or of the Lessee’s interest in this Lease, where possession is not restored to the Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of the Lessee’s assets located at the Premises or of the Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Lessee. The occurrence of any one or more of the following events shall constitute a default of this Lease by the Lessee: (aA) The vacating or abandonment of the Premises by the Lessee combined with the failure to pay rent; (bB) The failure of the Lessee to make any payment of rent or any other payment required to be made by the Lessee hereunder, as and when due, where such failure shall continue to for a period of ten (10) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161. In the event that the Lessor has given a ten (10) day notice hereunder twice in any twelve (12) month period, any subsequent notice hereunder during such period shall allow a cure within three (3) days of such notice, which three (3) day notice shall also be in lieu of any notice required under Section 1161; (cC) The failure by the Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center the Project) to be observed or performed by the Lessee, other than described in Paragraph 12.1 (b12.1(b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from the Lessor to the Lessee; provided, however, that any . Any such notice shall not be in lieu of, and not in addition to, of any notice required under California Code of Civil Procedure Section 1161; provided further, that if . If the nature of the Lessee’s 's default is such that more than thirty (30) days are reasonably required for its cure, then the Lessee shall not be deemed to be in default if the Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or (dD) The making by the Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against the Lessee of a petition to have the Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Lessee, the same is dismissed within sixty (60) days); ) the appointment of a trustee or receiver to take possession of substantially all of the Lessee’s 's assets located at the Premises, or of the Lessee’s 's interest in this Lease, where possession is not restored to the Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of the Lessee’s 's assets located at the Premises or of the Lessee’s 's interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Lessee. The occurrence of any one or more Each of the following events shall constitute be an “Event of Default” by Lessee and a default material breach of this Lease by LesseeLease: (a) The vacating or abandonment of the Premises by Lessee combined with the failure to pay rent; (b) The failure of Lessee shall fail to make any payment of rent or any other payment required to be made owed by Lessee hereunderunder this Lease, as and when due, and where such failure shall continue to for a period of is not cured within ten (10) business days after following receipt of written notice thereof by Lessee from Lessor to Lessee; provided, however, that any Lessor. Any such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure Section 1161;Procedure. (cb) The failure by Lessee shall fail to observe observe, keep or perform any of the terms, covenants, agreements or conditions or provisions of under this Lease (that Lessee is obligated to observe or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center to be observed or performed by Lesseeperform, other than that described in Paragraph 12.1 subsection (ba) hereofabove, where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to LesseeLessee of said failure; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided further, that if the nature of Lessee’s default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default under this Lease if Lessee commences shall commence the cure of such cure default so specified within said thirty (30) day period and thereafter diligently prosecutes such cure prosecute the same to completion; or. Such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure. (dc) The making by Lessee of shall (i) make any general arrangement or assignment or general arrangement for the benefit of creditors; the filing by (ii) become a “debtor” as defined in 11 U.S.C. Section 101 or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) 60 days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Premises, Premises or of Lessee’s interest in this Lease, where possession is not restored to Lessee within thirty (30) 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) 30 days. Provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect.

Default by Lessee. The occurrence of any one or more Each of the following events shall constitute be an "Event of Default" (sometimes referred to herein as a default "default") by Lessee and a material breach of this Lease by LesseeLease: (a) The vacating or abandonment of the Premises by Lessee combined with the failure to pay rent; (b) The failure of Lessee shall fail to make any payment of rent or any other payment required to be made owed by Lessee hereunderunder this Lease, as and when due, where such failure and the Lessor shall continue have delivered a Notice to for a period of ten (10) days after written notice thereof from Lessor to Lessee; provided, however, that any Pay or Quit. Any such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure Section 1161Procedure; (cb) The failure by Lessee shall fail to observe observe, keep or perform any of the terms, covenants, agreements or conditions or provisions of under this Lease (that Lessee is obligated to observe or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center to be observed or performed by Lesseeperform, other than that described in Paragraph 12.1 subsection (ba) hereofabove, where such failure shall continue for a period of thirty ten (3010) days after written notice thereof from Lessor to LesseeLessee of said failure; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided further, that if the nature of Lessee’s 's default is such that more than thirty ten (3010) days are reasonably required for its cure, then Lessee shall not be deemed to be in default under this Lease if Lessee commences shall commence the cure of such cure default so specified within said ten (10) day period and diligently prosecute the same to completion within thirty (30) day period days after the original notice to Lessee of said failure. Such notice shall be in lieu of, and thereafter diligently prosecutes such cure to completion; ornot in addition to, any notice required under Section 1161 of the California Code of Civil Procedure. (dc) The making by Lessee of shall (i) make any general arrangement or assignment or general arrangement for the benefit of creditors; the filing by (ii) become a "debtor" as defined in 11 U.S.C. Section 101 or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) 60 days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s 's assets located at the Premises, Premises or of Lessee’s 's interest in this Lease, where possession is not restored to Lessee within thirty (30) 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s 's assets located at the Premises or of Lessee’s 's interest in this Lease, where such seizure is not discharged within thirty 30 days. Provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect; or (30d) daysThe vacating or abandonment of the Premises by Lessee.

Default by Lessee. The occurrence of any one or more of the following events shall constitute a default of this Lease by the Lessee: (a) The vacating or abandonment of the Premises by the Lessee combined with the failure to pay rent; (b) The failure of the Lessee to make any payment of rent or any other payment required to be made by the Lessee hereunder, as and when due, where such failure shall continue to for a period of ten (10) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161. In the event that the Lessor has given a ten (10) day notice hereunder twice in any twelve (12) month period, any subsequent notice hereunder during such period shall allow a cure within three (3) days of such notice, which three (3) day notice shall also be in lieu of any notice required under Section 1161; (c) The failure by the Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center the Project) to be observed or performed by the Lessee, other than described in Paragraph 12.1 (b12. l(b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from the Lessor to the Lessee; provided, however, that any . Any such notice shall not be in lieu of, and not in addition to, of any notice required under California Code of Civil Procedure Section 1161; provided further, that if . If the nature of the Lessee’s 's default is such that more than thirty (30) days are reasonably required for its cure, then the Lessee shall not be deemed to be in default if the Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or (d) The making by the Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against the Lessee of a petition to have the Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of the Lessee’s 's assets located at the Premises, or of the Lessee’s 's interest in this Lease, where possession is not restored to the Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of the Lessee’s 's assets located at the Premises or of the Lessee’s 's interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Lessee. The occurrence of any one or more of the following events shall constitute a default of this Lease by the Lessee: (aA) The vacating or abandonment of the Premises by the Lessee combined with the failure to pay rent; (bB) The failure of the Lessee to make any payment of rent or any other payment required to be made by the Lessee hereunder, as and when due, where such failure shall continue to for a period of ten (10) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161. In the event that the Lessor has given a ten (10) day notice hereunder twice in any twelve (12) month period, any subsequent notice hereunder during such period shall allow a cure within three (3) days of such notice, which three (3) day notice shall also be in lieu of any notice required under Section 1161; (cC) The failure by the Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center the Project) to be observed or performed by the Lessee, other than described in Paragraph 12.1 (b12.1(b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from the Lessor to the Lessee; provided, however, that any . Any such notice shall not be in lieu of, and not in addition to, of any notice required under California Code of Civil Procedure Section 1161; provided further, that if . If the nature of the Lessee’s 's default is such that more than thirty (30) days are reasonably required for its cure, then the Lessee shall not be deemed to be in default if the Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or (dD) The making by the Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against the Lessee of a petition to have the Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of the Lessee’s 's assets located at the Premises, or of the Lessee’s 's interest in this Lease, where possession is not restored to the Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of the Lessee’s 's assets located at the Premises or of the Lessee’s 's interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Lessee. The occurrence of any one or more of If LESSEE defaults in the following events shall constitute a default of this Lease by Lessee: (a) The vacating or abandonment of the Premises by Lessee combined with the failure to pay rent; (b) The failure of Lessee to make any payment of rent or the payment of any other payment monetary amount required to be made by Lessee hereunderthis LEASE (collectively, as a "Monetary Default") and when due, where such failure shall continue to for a period of ten (10) days after written notice thereof from Lessor to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center to be observed or performed by Lessee, other than described in Paragraph 12.1 (b) hereof, where such failure shall continue Monetary Default continues for a period of thirty (30) days after written notice thereof from Lessor has been given by LESSOR to LesseeLESSEE specifying the Monetary Default; providedor LESSEE defaults in the performance of any other non-monetary agreement or condition required by this LEASE to be performed by LESSEE (collectively, however, that any such notice shall be in lieu ofa "Non-Monetary Default"), and not in addition tosuch Non-Monetary Default continues for a period of thirty (30) days after written notice has been given by LESSOR to LESSEE specifying the Non-Monetary Default, any notice required under California Code of Civil Procedure Section 1161; provided furtherunless the Non-Monetary Default, that if the nature of Lessee’s default is such that by necessity, will require more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences such cure and LESSEE has commenced actions necessary to cure that Non-Monetary Default within said thirty (30) day period and thereafter is diligently prosecutes such cure pursuing the same to completion; or (d) The making or any proceedings are filed or action taken by Lessee of any general or against LESSEE to declare LESSEE bankrupt or to appoint a receiver or trustee for LESSEE or to reorganize LESSEE or to make an assignment or general arrangement for the benefit of creditors; the filing by creditors of LESSEE or against Lessee to do any other act of a petition to have Lessee adjudged a bankrupt similar mature or a petition for reorganization or arrangement purpose under any law relating to state or federal bankruptcy or insolvency laws, and if such proceedings or actions shall not have been discharged within ninety (unless90) days thereafter, then, in the case event of any of the above events; or subject to the rights of any Leasehold Mortgagee (if any), LESSOR may declare a petition filed against Lesseebreach of this LEASE by written notice to LESSEE and said Leasehold Mortgagee (if any) , and exercise any one or more of the rights available to a LESSOR under the laws of the State of California, including without limitation, the same is dismissed within sixty right: to terminate this LEASE, immediately and without further notice to LESSEE, and recover (60i) days); the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located worth at the Premisestime of xxxx of the unpaid rent which has been earned at the time of termination; and (ii) any other reasonable monetary amount necessary to compensate LESSOR for all the detriment suffered by LESSOR which was proximately caused by LESSEE'S default under this LEASE, including all costs of litigation and attorney's fees incurred by LESSOR. B to continue this LEASE in full force and effect, including LESSOR'S right to collect rent as is becomes due; provided, LESSOR may, at LESSOR'S option, take any action necessary or appropriate including entering upon the Leased Premises to cure default of Lessee’s this LEASE, in which event the reasonable costs incurred by LESSOR to effect such cure, including attorney's fees, shall become due and payable by LESSEE, including interest in this Leaseat ten percent (10%) annum, where possession is not restored calculated from the date of payment due LESSOR to Lessee within thirty (30) days; or the attachment, execution date of repayment by LESSEE shall be due and payable upon written notice from LESSOR to LESSEE. to seek such equitable or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) daysrelief as may be available to LESSOR by law.

Default by Lessee. The occurrence of any one or more of the following events shall constitute a default of this Lease by the Lessee: (a) The vacating or abandonment of the Premises by the Lessee combined with the failure to pay rent; (b) The failure of the Lessee to make any payment of rent or any other payment required to be made by the Lessee hereunder, as and when due, where such failure shall continue to for a period of ten three (103) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (c) The failure by the Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center the Project) to be observed or performed by the Lessee, other than described in Paragraph 12.1 (b12.1(b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided provided, further, that if the nature of the Lessee’s 's default is such that more than thirty (30) days are reasonably required for its cure, then the Lessee shall not be deemed to be in default if the Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or (d) The making by the Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against the Lessee of a petition to have the Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unlessbankruptcy(unless, in the case of a petition filed against the Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of the Lessee’s 's assets located at the Premises, or of the Lessee’s 's interest in this Lease, where possession is not restored to the Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of the Lessee’s 's assets located at the Premises or of the Lessee’s 's interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Lessee. The occurrence of any one or more of the following events shall constitute a default of this Lease by the Lessee: (a) The vacating or abandonment of the Premises by the Lessee combined with the failure to pay rent; (b) The failure of the Lessee to make any payment of rent or any other payment required to be made by the Lessee hereunder, as and when due, where such failure shall continue to for a period of ten five (105) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (c) The failure by the Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center the Project) to be observed or performed by the Lessee, other than described in Paragraph 12.1 (bSection 12.1(b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from the Lessor to the Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided provided, further, that if the nature of the Lessee’s default is such that more than thirty (30) days are reasonably required for its cure, then the Lessee shall not be deemed to be in default if the Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or (d) The making by the Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against the Lessee of a petition to have the Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against the Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of the Lessee’s assets located at the Premises, or of the Lessee’s interest in this Lease, where possession is not restored to the Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of the Lessee’s assets located at the Premises or of the Lessee’s interest in this Lease, where such seizure is not discharged or stayed within thirty sixty (3060) days.

Default by Lessee. The occurrence occurence of any one or more of the following events shall constitute a default of this Lease by Lessee: (a) The vacating or abandonment of the Premises by Lessee combined with the failure to pay rent; (b) The failure of Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue to for a period of ten (10) days after written wirtten notice thereof from Lessor to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center giverning 000 Xxxx Xxxxxx) to be observed or performed by Lessee, other than described in Paragraph 12.1 (b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided further, that if the nature of Lessee’s default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) day days period and thereafter diligently prosecutes such cure to completion; or (d) The making by Lessee of any general assignment or general arrangement for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of the Lessee’s assets located at the Premises, or of Lessee’s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days.

Default by Lessee. The occurrence of any one or more Each of the following events shall constitute be an "Event of Default" (sometimes referred to herein as a default "default") by Lessee and a material breach of this Lease by LesseeLease: (a) The vacating or abandonment Lessee fails to make any payment of Rent owed by Lessee under this Lease as and when due, if the failure continues for three (3) days after written notice of the Premises by Lessee combined with the failure from Lessor to pay rentLessee; (b) The failure Lessee shall fail to observe, keep or perform any of the terms, covenants, agreements or conditions under this Lease that Lessee is obligated to make any payment of rent observe or any perform, other payment required to be made by Lessee hereunderthan that described in subsection (a) above, as and when due, where such failure shall continue to for a period of ten (10) days after written notice thereof from Lessor to LesseeLessee of said failure; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; (c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center to be observed or performed by Lessee, other than described in Paragraph 12.1 (b) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided further, that if the nature of Lessee’s 's default is such that more than thirty ten (3010) days are reasonably required for its cure, then Lessee shall not be deemed to be in default under this Lease if Lessee commences shall commence the cure of such cure default so specified within said ten (10) day period and diligently prosecute the same to completion within thirty (30) day period days after the original notice to Lessee of said failure. Such notice shall be in lieu of, and thereafter diligently prosecutes such cure to completion; ornot in addition to, any notice required under Section 1161 of the California Code of Civil Procedure; (dc) The making by Lessee of shall (i) make any general arrangement or assignment or general arrangement for the benefit of creditors; the filing by (ii) become a "debtor" as defined in 11 U.S.C. Section 101 or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) 60 days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s 's assets located at the Premises, Premises or of Lessee’s 's interest in this Lease, where possession is not restored to Lessee within thirty (30) 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s 's assets located at the Premises or of Lessee’s 's interest in this Lease, where such seizure is not discharged within thirty 30 days. Provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect; or (30d) daysThe vacating or abandonment of the Premises by Lessee. Any notice required or permitted by this Section 17.1 shall satisfy, to the maximum extent permissible under applicable law, any and all notice requirements imposed by law on the Lessor under the Lease, and this Section 17.1 shall not be intended to create notice obligations beyond what is legally required. Lessor may serve a notice to quit, a notice to pay rent or quit, a notice of default, or any other notice, as the case may be, to effect the giving of any notice required by this Section 17.1.

Default by Lessee. The occurrence of any one or more of the following events shall constitute a material default of this Lease by Lessee: (a) The vacating or abandonment of the Premises by Lessee combined with the failure to pay rent; (b) The failure of Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, hereunder as and when due, where such failure shall continue to for a period of ten five (105) days after written notice thereof from Lessor to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161;. (cb) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease (or the covenants, conditions and restrictions governing Santa Xxxxxxx Tech Center to be observed or performed by Lessee, other than as described in Paragraph 12.1 (b12.1(a) hereof, where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161; provided further, that if the nature of Lessee’s 's default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or. (dc) The making by Lessee of any general assignment assignment, or general arrangement for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Lessee’s 's assets located at the Premises, or of Lessee’s 's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or the attachment, execution or other judicial seizure seizures of substantially all of Lessee’s 's assets located at the Premises or of Lessee’s 's interest in this Lease, where such seizure is not discharged within thirty (30) days.