Default by Licensee. (a) It is mutually agreed that Licensee shall be in default hereunder (“Default”),
(i) if Licensee fails to comply with any of the terms or provisions of this Agreement, and fails to cure such default within 30 days after the date of delivery of written notice of default from Licensor, provided that if the nature of such default is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Licensee shall not be deemed to be in Default under this License if Licensee commences such cure within 30 days of the aforesaid notice from Licensor and thereafter diligently prosecutes such cure to completion within 90 days of the aforesaid notice from Licensor; or
(ii) with respect to the Shared Conference Facility, if Licensee fails to pay any fees or charges for use of the Shared Conference Facility or other amounts required hereunder when due pursuant to this Agreement; provided, however, that Licensor will give Licensee notice and an opportunity to cure any failure to pay such fees or charges within 3 business days of any such notice not more than once in any 12 month period and Licensee agrees that such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law or
(iii) during the occurrence and continuation of any Default (as defined in the Lease) under the Lease.
(b) In the event of any Default by Licensee hereunder, Licensor shall be entitled to all rights and remedies provided for Landlord under the Lease, and all other rights and remedies provided at law or in equity, including without limitation, termination of this Agreement and the license granted hereunder.
Default by Licensee. If Licensee fails to perform, fulfill or observe any of the terms, covenants or conditions of this Agreement, Film L.A. or Licensor shall give Licensee written notice of such non-compliance. If within 24 hours of Licensee’s receipt of such notice, Licensee has not commenced to cure such non-compliance and within 72 hours from Licensee’s receipt of such notice, Licensee has not completely cured such default, then Licensee shall be in default of this Agreement. The 72 hour cure period may be extended in the sole and absolute discretion of Licensor. In the event of Licensee’s default hereunder, Licensor may terminate this Agreement whereupon the Term of this Agreement shall expire, and Licensee shall quit and surrender the License Area to Licensor. It is further agreed that in no event shall the time within which a default may be cured hereunder extend beyond 72 hours from Licensee’s receipt of such notice except as granted, in writing, by Licensor. If a default shall be made under any provision of this Agreement, Licensor may reenter the License Area, take possession thereof, and remove all persons therefrom. If Licensee breaches any covenant, obligation, requirement, or condition set forth in this Agreement, so long as Licensee continues to occupy the License Area, in addition to any and all remedies available to Licensor at law, Licensee hereby agrees that Licensor shall have the right to file an unlawful detainer action to recover possession of the License Area pursuant to the California unlawful detainer statutory scheme, as amended from time to time, and Licensee hereby waives the right to object to Licensor’s use of the unlawful detainer procedure on the basis that its real property interest in the License Area is a license and not a lease. Notwithstanding anything herein to the contrary, Licensor and Film L.A. shall have the right to cancel and terminate this Agreement, immediately and without notice, upon the discovery
Default by Licensee. (a) It is mutually agreed that Licensee shall be in default hereunder (“Default”),
(i) if Licensee fails to comply with any of the terms or provisions of this Agreement, and fails to cure such default within 30 days after the date of delivery of written notice of default from Licensor, provided that if the nature of such default is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Licensee shall not be deemed to be in Default under this License if Licensee commences such cure within 30 days of the aforesaid notice from Licensor and thereafter diligently prosecutes such cure to completion within 90 days of the aforesaid notice from Licensor; o
(ii) during the occurrence and continuation of any Default (as defined in the Lease) under the Lease.
(b) In the event of any Default by Licensee hereunder, Licensor shall be entitled to all rights and remedies provided for Landlord under the Lease, and all other rights and remedies provided at law or in equity, including without limitation, the right to terminate this Agreement and the license granted hereunder.
Default by Licensee. The occurrence of any one or more of the following events constitutes an event of default and breach of this License by Licensee: (i) The abandonment (as defined by the BEAUMONT Municipal Code) of the use of the Property by Licensee; (ii) The failure by Licensee to make any payment required to be made by Licensee hereunder, as and when due, where that failure continues for a period of three (3) business days after written notice is sent by Licensor to Licensee; (iii) The failure by Licensee to observe or perform any of the covenants, conditions or provisions of this License to be observed or performed by the Licensee; (iv) the making by Licensee of any general assignment or general arrangement for the benefit of creditors; or unless prohibited by Bankruptcy Law or other paramount law, the filing by or against Licensee of a petition to have Licensee adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Licensee, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Licensee’s assets located at the Property or of Licensee’s interest in this License, where possession is not restored to Licensee within 30 days; or the attachment, execution or other judicial seizure of substantially all of Licensee’s assets located at the Property or of Licensee’s interest in this License, where that seizure is not discharged within thirty (30) days.
Default by Licensee. Default by LICENSEE shall exist due to the failure by LICENSEE to comply with any term, covenant or condition of this License Agreement and failure to remedy the same within thirty (30) days after written notice from ANAHEIM’s Representative specifying the nature of such default, unless such default, by its nature cannot be cured within thirty (30) days, in which case, LICENSEE shall not be deemed in default so long as LICENSEE commences such remedy within thirty (30) days of such written notice and diligently prosecutes the same to completion. In no event shall the period of such cure exceed sixty (60) days. If at the end of sixty (60) days, LESSOR has failed to cure the breach, ANAHEIM, in its sole discretion, may proceed immediately to terminate this License Agreement or take such other action as is available at law or in equity.
Default by Licensee. Failure of Licensee to pay patent costs and expenses as set forth in Section 8.3 (Patent Costs) shall, upon the expiration of three (3) business days notice from TSRI without payment, relieve TSRI from its obligation to incur any further patent costs and expenses. For the avoidance of doubt, should Licensee be in arrears for any patent costs and expenses due TSRI or independent counsel, TSRI shall have the right, at its sole discretion, upon the expiration of such 3-business day period to cease all patent prosecution and allow Licensed Patent Rights to go abandoned. Such action by TSRI shall not constitute a breach of this Agreement.
Default by Licensee. If Licensee shall at any time default in any material obligation of this Agreement, and such default shall not be cured within ten (10) days, Licensor may terminate this Agreement.
Default by Licensee. In addition to all rights and remedies to which Licensor may be entitled at law or in equity, in the event Licensee defaults in any of its obligations under this Agreement and such default is not cured within ten (10) business days after written notice from Licensor, Licensor shall have the right, upon notice to Licensee, to immediately terminate this Agreement and the license granted hereunder, and Licensor shall have the right, at its sole option, to re-enter the Licensed Premises, and to remove and dispose of all personalty from the Licensed Premises at the sole cost and expense of Licensee.
Default by Licensee. Time is of the essence hereof. Licensee shall be in default if Licensee fails to perform any obligation hereunder as and when due. In the event of such a default, Licensor shall have all rights and remedies allowed by law. In addition, Licensor shall have the right to terminate this License Agreement and/or Licensee's right to use the Premises. Upon any such termination, Licensee shall immediately yield up possession of the Premises and Licensor may take any and all action, including changing the locks on the Premises and removing all of Licensee's possessions from the Premises, to enforce Licensee's obligations.
Default by Licensee. If Licensee has defaulted or is in default or breach of any of its obligations stated herein, Licensor, at its option, may take any or all of the following actions without limitation: (i) pursue any remedy available at law or in equity; (ii) pursue the remedy of specific performance or injunction; (iii) seek declaratory relief; (iv) pursue an action for damages for loss; and/or (v) terminate this Agreement and the License.
