Default by the Lessor Sample Clauses

Default by the Lessor. The Lessor’s failure to perform or observe any of the Lessor’s obligations under this Lease after a period of thirty (30) days after the Lessor receives written notice from Lessee shall be a default by the Lessor. Upon the happening of a default by the Lessor, the Lessee shall have the right, but not the obligation, to perform the Lessor’s obligation and deduct any cost incurred by the Lessee from the Rent due hereunder. In addition, the Lessee may pursue any other legal or equitable remedies, including terminating this Lease.
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Default by the Lessor. The Lessor will be in default under this Lease and will for all purposes have committed an Event of Default if: 15.2.1. the Lessor breaches any Essential Term; or 15.2.2. the Lessor breaches any other term of this Lease and fails to remedy the same within fourteen (14) days of being requested so to do by the Lessee; 15.2.3. the Lessor is wound up, has an administrator appointed to it, a receiver appointed to any of its assets or becomes insolvent; 15.2.4. the Lessor is held liable under any Claim for an amount exceeding one Thousand Dollars ($1,000.00) and such judgment is not satisfied within twenty eight (28) days of it being entered; 15.2.5. the Lessor is fined by any Court for any offence under any Legislation or Regulations in respect of any act or omission on its part.
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Default by the Lessor. The Lessor shall not be in default in the performance of any obligation required to be performed under this Lease Agreement unless the Lessor has failed to perform such obligation within thirty (30) days after the receipt of written notice of default from the Lessee specifying in detail the Lessor’s failure to perform. Concurrently with the delivery of written notice to the Lessor, the Lessee shall delivery a copy of such written notice to the Trustee. The Lessor shall not be deemed to be in default under this Lease Agreement if (i) the Lessor performs and meets the obligation within the 30-day period after notice of default is given, or (ii) the obligation cannot reasonably be performed within thirty (30) days after notice of default is given, but the Lessor reasonably commences to cure the default within the 30-day period and diligently and in good faith continues to cure the default. In the event the Lessor shall default in the performance of any obligation required to be performed under this Lease Agreement, the Lessee shall provide written notice to the Lessor and the Trustee identifying the nature of such default. If the Lessor shall have failed to cure a default by the Lessor within thirty (30) days after the receipt of written notice of such default, the Lessee shall deliver notice of such failure to the Lessor and the Trustee. In the event that the Lessor’s default hereunder is the failure to maintain, repair or replace the Premises, the Lessor and the Lessee hereby agree that the rights and remedies of the parties hereunder with respect to such default shall be as provided in Section 12(b) hereof. In the event that the Lessor’s default hereunder is other than its failure to maintain, repair or replace the Premises, the Lessor and the Lessee hereby agree that within ten (10) Business Days of the receipt of notice of the failure of the Lessor to cure such default, the Trustee shall have the right, but not the obligation, to cure such default under this Lease Agreement, and the Lessee shall accept such performance by the Trustee as if the same had been made by the Lessor, subject to all of the terms and conditions of this Lease Agreement. In the event the Trustee elects to cure such default, it shall give the Lessee written notice of its election to cure such default within such period and shall commence such cure and diligently proceed to cure the default. Any contractor retained by the Trustee to perform any obligation of the Lessor shall be subje...
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Default by the Lessor. In the event that the Lessor fails to observe and perform any obligation of the Lessor under this Lease Agreement and such failure continues for a period of thirty (30)days following written notice thereof from the Lessee to the Lessor (or, in the case of an emergency, for a reasonable period under the circumstances, not to exceed forty-eight (48) hours), then the Lessee shall have a right to declare the Lessor to be in default hereunder; provided, however, that if the nature of the default is such that it is not susceptible of being fully remedied within such thirty (30)day period (or, if applicable, such forty-eight (48)hour period), then the Lessor will be afforded such additional time as may be required to fully remedy such failure so long as the Lessor commences efforts to remedy such failure within such thirty (30)day period (or, if applicable, such forty-eight (48)hour period) and, once commenced, diligently pursues such remedy until completion. Upon the occurrence of any default by the Lessor, the Lessee shall have the option todeclare the Lessor to be in default hereunder by written notice to the Lessor and, upon such declaration, to pursue any one or more of the following remedies without any further notice or demand: (a) termination of this Lease Agreement; (b) perform the obligation as to which the Lessor is in default on the Lessor 's behalf and collect the actual costs thereof from the Lessor on demand (together with interest at a rate of ten percent (10%) per annum thereon from the date of demand until paid in full), (c) assert a claim for any and all damages and losses (including incidental and consequential damages and losses) suffered or incurred by Lessee by reason of such default; (d) injunctive relief; and (e) any other right or remedy available to Lessee, under the circumstances, under applicable law.
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Default by the Lessor. The Lessor shall not be in default unless the Lessor fails to perform obligations required of the Lessor within thirty (30) days after written notice by the Lessee to the Lessor and to the holder of any first mortgage or deed of trust covering the Premises (whose name and address will be provided to the Lessee upon written request), specifying therein the alleged failure to the Lessor to perform such obligation. Furthermore, if the nature of the obligation of the Lessor is such that more than thirty (30) days are required to affect a cure, then the Lessor shall not be in default if the Lessor commences such cure within such thirty (30) day period and thereafter prosecutes such cure to completion.
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Default by the Lessor. ‌ The occurrence of any one or more of the following events shall constitute a default (each a "Lessor Event of Default") and breach of this Agreement by the Lessor: The Lessor commits any material breach of any of its obligations under this Agreement, which is not remedied within sixty (60) Days after notice by the Lessee to the Lessor, which notice states that a material breach of this Agreement has occurred that could result in termination of the Agreement, identifies the breach in question in reasonable detail and demands remedy thereof.
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Default by the Lessor. (a) Each of the following events and circumstances constitutes an event of default by the Lessor (a “Lessor Event of Default”) under this Contract: (i) becoming subject to any act of insolvency or bankruptcy, dissolution or liquidation voluntary or otherwise; (ii) having a receiver, trustee, custodian or similar agent appointed on account of insolvency or in respect of any property; (iii) making a general assignment for the benefit of creditors; (iv) committing a breach of Anti- Corruption Laws; (v) failing to comply with any request, instruction or order of OPG’s Representative; (vi) failing to pay accounts relating to the Equipment or Services as they come due; (vii) failing to comply with statutes, laws, regulations, bylaws or directives of competent authorities relating to the Equipment or Services; (viii) failing to perform the Services with skill and diligence; (ix) any representation made by the Lessor herein that was intentionally false or misleading when made in any material respect; (x) assigning or attempting to assign this Contract, in whole or in part, except in a manner expressly permitted in Section 13.2 (xi) failing, neglecting, refusing or being unable at any time during the term to provide reasonably adequate Lessor’s Personnel to perform the Services; (xii) a change of ownership or control of the Lessor occurs without the prior written consent of OPG; (xiii) failing or refusing to correct defective or deficient Equipment or Services; or (xiv) being otherwise in default in carrying out any of its obligations under this Contract, whether such default is similar or dissimilar in nature to the causes listed previously and failing to remedy the breach to the satisfaction of OPG within ten business days following receipt of notice from OPG specifying the breach, or if the breach cannot be cured within such ten business day period, after such longer period of time as is reasonably required to cure the breach (but no longer than 60 days in any circumstances), so long as the Lessor diligently and constantly endeavours to cure the breach during such extended period. (b) Notice that the Lessor is in default will not be required if the default relates to the bankruptcy, insolvency or financial instability of the Lessor. Other than defaults arising from Sections 11(a)(i), (ii) and (iii), OPG will provide the Lessor with ten days written notice. (c) If the Lessor is in default under this Contract, in addition to, or as an alternative to terminating th...
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Default by the Lessor. TERMINATION OF LEASE; FORFEITURE OF PROPERTY; CONDITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14.
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Related to Default by the Lessor

  • Default by the Company If the Company shall fail at Closing Time or at the Date of Delivery to sell the number of Securities that it is obligated to sell hereunder, then this Agreement shall terminate without any liability on the part of any nondefaulting party; provided, however, that the provisions of Sections 1, 4, 6, 7 and 8 shall remain in full force and effect. No action taken pursuant to this Section shall relieve the Company from liability, if any, in respect of such default.

  • Default by Lessee If Lessee fails to make payment of any Monthly Rental within five days of delivery by Lessor of notice of any Monthly Rental that is past due, or fails to cure any other default under this Agreement within ten days of delivery by Lessor of such default, then a “Lessee Event of Default” shall exist and Lessor shall have the following remedies, which shall be cumulative rather than exclusive: (a) the right to terminate this Agreement, and the grant of the Lease hereunder, which termination right may be exercised by written notice by Lessor to Lessee, and which termination shall be effective as of the date of such notice; (b) the right to immediately enter upon and repossess the Designated Boat Slip and all appurtenances thereto, by forcible entry and detainer suit, or otherwise; (c) the right to remove Lessee’s Craft (and any personal property then inside Lessee’s Craft from its mooring, and to store Lessee’s Craft (and such personal property), with all risk of loss belonging solely to Lessee, and with no liability whatsoever to Lessor, and with all costs of storage being deemed to be including among the past due Monthly Rental under this Agreement; (d) the right to make any required repairs to the Designated Boat Slip, or to expend any other sums required to cure any defaults by Lessee under this Agreement, with all such sums expended being deemed to be included among the past due Monthly Rental under this Agreement; (e) the right to terminate Lessee’s rights of possession with regard to the Designated Boat Slip and all appurtenances thereto, without demand or notice of any kind and without terminating this Agreement, in which event Lessor may, but shall be under no obligation to, relet all or any part of the Designated Boat Slip for credit to Lessee’s account, on such terms and conditions as Lessor in its sole discretion shall deem appropriate; and (f) the right to exercise Lessor’s rights under the Texas Uniform Commercial Code with regard to the security interest granted to Lessor in the Secured Property. In the event of any Lessee Event of Default, Lessor shall have the right to recover from Lessee, whether by way of sale of the Secured Property, or by means of execution and levy on a judgment, or by means of voluntary payment by Lessee, or by some combination thereof: (a) all Monthly Rental that is past due, including any late payment fees due in connection therewith, (b) all Monthly Rental to come due during the remainder of the Term (assuming that Lessor has not terminated this Agreement and the Lease hereunder), (c) Lessor’s reasonable and necessary attorneys’ fees and costs of court, (d) pre-judgment at the lesser of 8% per annum or the maximum allowed by law, and (e) post-judgment interest at lesser of 10% per annum or the maximum allowed by law.

  • Default by Tenant Any of the following shall constitute an Event of Default by Tenant: (i) Tenant fails to make any payment due under this Lease within sixty (60) days after such payment is due unless such payment is contested, and payment of any uncontested amount is not made within thirty days of written notice to Tenant. (ii) Tenant fails to keep, observe or perform any of the material terms set forth herein, and such failure continues for more sixty (60) days after a written notice from Landlord to Tenant; provided that if such breach cannot be cured within such 60-day period, then Tenant shall have an additional period of time to cure as may be reasonable under the circumstances; (iii) Fraud or intentional misrepresentation by Tenant with respect to any provision in this Lease; (iv) Tenant (A) is dissolved other than pursuant to a merger, (B) becomes insolvent; (C) makes a general assignment for the benefit of its creditors; (D) has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditor’s rights, or a petition is presented for its winding-up, reorganization or liquidation, which proceeding or petition is not dismissed, stayed or vacated within ninety (90) days thereafter; (E) commences a voluntary proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights; (F) seeks or consents to the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all of its assets; or (G) has a secured party take possession of all or substantially all of its assets. None of the foregoing circumstances shall be grounds for terminating this Lease as long as all Rent and any other monetary charges payable by Tenant under this Lease are promptly paid by Xxxxxx’s Financing Party or a Designated Third Party in accordance with the terms of this Lease.

  • Default by Lessor Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion.

  • Default by Owner If one or more of the following Events of Default shall occur and be continuing, that is to say: (a) breach by Owner of the representations, warranties and covenants of the Owner as set forth in Section 6.02 above); then, and in each and every such case (except in instances where the Event of Default has been cured within thirty (30) days after the date on which written notice of such default, requiring the same to be remedied, shall have been given to the Owner by the Servicer), the Servicer, by notice in writing to the Owner, may immediately terminate all of its responsibilities, duties and obligations as servicer under this Agreement. On or after the receipt by the Owner of such written notice, all responsibilities, duties and obligations of the Servicer to service the Mortgage Loans under this Agreement shall on the date set forth in such notice pass to and be vested in the successor appointed pursuant to Section 10 herein.

  • Default by Seller (a) In the event the Closing and the transactions contemplated hereby do not occur as herein provided by reason of any default of Seller under this Agreement, Purchaser may, as Purchaser’s sole and exclusive remedy, elect by notice to Seller within ten (10) Business Days following the Scheduled Closing Date, either of the following: (i) to terminate this Agreement, in which event Purchaser will receive from the Escrow Agent the Xxxxxxx Money Deposit, and thereafter Seller and Purchaser will have no further rights or obligations under this Agreement, except with respect to the Termination Surviving Obligations; or (ii) seek to enforce specific performance of Seller’s obligation to execute the documents required to convey Seller’s LLC Interest to Purchaser, it being understood and agreed that the remedy of specific performance shall not be available to enforce any other obligation of Seller hereunder. Other than as expressly set forth in Section 13.1(b) below, Purchaser expressly waives its rights to seek damages in the event that the Closing does not occur by reason of Seller’s default hereunder. Purchaser shall be deemed to have elected to terminate this Agreement and receive back the Xxxxxxx Money Deposit if Purchaser fails to file suit for specific performance against Seller in a court having jurisdiction in the county and state in which the Property is located, on or before ninety (90) days following the Scheduled Closing Date. Notwithstanding the foregoing as to the Termination Surviving Obligations, nothing contained in this Section 13.1 will limit Purchaser’s remedies at law, in equity or as herein provided in pursuing remedies of a breach by Seller of any of the Termination Surviving Obligations. Purchaser specifically waives its rights to seek any punitive, speculative, or consequential damages. (b) Notwithstanding Section 13.1(a) above, if Purchaser terminates this Agreement by reason of Seller’s bad faith, willful default under this Agreement, then, in addition to the return of the Xxxxxxx Money Deposit, Purchaser shall be entitled to be reimbursed for Purchaser’s actual out-of-pocket costs related to this transaction, including, without limitation, reasonable attorneys’ and third party fees and reasonable expenses and reasonable due diligence expenses with respect to the purchase of the Property, the negotiation of this Agreement (and ancillary agreements) and obtaining the Title Report and any survey of the Property.

  • Default by Contractor To the maximum extent permitted by applicable law, failure to comply with any of the terms and/or conditions of this Contract, including these General Conditions, shall constitute default by Contractor and grounds for termination of this Contract. Contractor shall be liable for any and all damages suffered by District due to the failure by Contractor or Contractor’s subcontractor(s) to comply with this Contract.

  • Default by Developer Developer shall be in default under this Agreement (a) Developer fails to make any of the payments of money required by the terms of this Agreement, and Developer fails to cure or remedy the same within ten (10) days after the City has given Developer written notice specifying such default; or (b) Developer fails to keep or perform any covenant or obligation herein contained on Developer's part to be kept or performed, and Developer fails to remedy the same within thirty (30) days after the City has given Developer written notice specifying such failure and requesting that it be remedied; provided, however, that if any event of default shall be such that it cannot be corrected within such period, it shall not constitute an event of default if corrective action is instituted by Developer within such period and diligently pursued until the default is corrected; or (c) Without limiting the generality of the foregoing, Developer shall assign or transfer the Project and/or this Agreement in violation of the terms and conditions set forth in Article V; or (d) Developer shall file a voluntary petition under any bankruptcy law or an involuntary petition under any bankruptcy law is filed against any such party in a court having jurisdiction and said petition is not dismissed within thirty (30) days or Developer, makes an assignment for the benefit of its creditors; or a custodian, trustee or receiver is appointed or retained to take charge of and manage any substantial part of the assets of Developer and such appointment is not dismissed within sixty (60) days; or any execution or attachment shall issue against Developer whereupon the District, or any part thereof, or any interest therein of Developer under this Agreement shall be taken and the same is not released prior to judicial sale thereunder (each of the events described in this subsection being deemed a default under the provisions of this Agreement); or (e) Developer breaches the representations and warranties set forth in this Agreement and fails to cure or correct same within thirty (30) days of notice from the City.

  • Events of Default by Tenant If (i) Tenant fails to pay any Rent on the date due (a “Monetary Default”); or (ii) Tenant fails to cure any other default, such as, but not limited to, the performance of any other covenant or agreement of this Lease, or any rules and regulations attached to this Lease, or promulgated by Landlord under this Lease (a “Nonmonetary Default”); or (iii) Tenant fails to fulfill any of the material terms or conditions of this Lease following the giving of applicable notice and opportunity to cure or (iv) the appointment of a trustee or a receiver to take possession of all or substantially all of Tenant’s assets occurs, or if the attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease, occurs, or (v) Tenant or any of its successors or assigns or surety of Tenant’s obligations should file any voluntary petition in bankruptcy, reorganization or arrangement, or an assignment for the benefit of creditors or for similar relief under any present or future statute, law or regulation relating to relief of debtors, or (vi) Tenant or any of its successors or assigns should be adjudicated bankrupt or have an involuntary petition in bankruptcy, reorganization or arrangement filed against it which is not dismissed within ninety (90) days, or (vii) Tenant shall permit, allow or suffer to exist any lien, judgment, writ, assessment, charge, attachment or execution upon Landlord’s or Tenant’s interest in this Lease or to the Premises, and/or the fixtures, and improvements and furnishings located thereon and fails within thirty (30) days either to discharge the same or provide a bond transferring same, then, Tenant shall be in default hereunder, or (viii) the leasehold estate granted to Tenant by this Lease is taken on execution or other process of law or equity in any action against Tenant.

  • Default by Landlord Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event earlier than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have heretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligations; provided, however, that if the nature of Landlord's obligations is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.

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