DEFAULT BY XXXXXX. 16.1 Lessor and Lessee agree that this Lease Agreement is made upon the condition that if the Lessee shall neglect or fail to keep, observe and perform any of the covenants and agreements contained in this Lease Agreement which are to be kept, observed or performed by Lessee, so as to be in default, or if the leasehold interest of Lessee shall be taken by execution or other legal process of law, or if Lessee shall petition to be or be declared to be bankrupt or insolvent according to law, or if Xxxxxx shall vacate said premises or abandon the same for a period of 45 days during the term of this Lease Agreement, then and in any of said cases the Lessor may, at its option, immediately or at any time thereafter without further notice or demand, enter into and upon the leased premises, or any part thereof, in the name of the whole, and take absolute possession of the same without such reentry working a forfeiture of the rents to be paid and the covenants to be performed by Xxxxxx for the full term of this Lease Agreement, and may, at Lessor's election, lease or sublet the leased premises, or any part thereof, on such terms and conditions and for such rents and for such time as the Lessor may elect, and after crediting the rent actually collected by Lessor from such reletting, collect the balance of rent owed pursuant to this Lease Agreement from Lessee, charging Lessee such reasonable expenses as the Lessor may expand in putting the premises in tenable condition and collecting said rentals from Lessee, including reasonable attorney's fees. Alternatively, Lessor may at its election and upon written notice to Xxxxxx declare this Lease Agreement forfeited and void under the condition set forth above, and Lessor may re- enter and take full and absolute possession of said premises as the owner thereof, free from any right or claim of Lessee or any person or persons claiming through or under Lessee, and such election and re-entry shall be and constitute an absolute bar to any right to enter by Lessee. The commencement by Lessor of any action to recover possession of the leased premises or any part thereof shall not be deemed an election by Lessor to treat this Lease Agreement as void and terminated, without the written notice above specified. In the event of termination or re-entry by Lessor for default by Lessee, Lessor shall make every reasonable effort to re-rent, lease or sublet the premises. Lessor, at its option, may make such alterations, repairs, replacement...
DEFAULT BY XXXXXX. A. The following conditions shall constitute default by the Lessor, and shall give rise to the following rights and remedies for the Government:
(1) Prior to the Government accepting the Space. Failure by the Lessor to diligently perform all obligations required for the Government’s acceptance of the Space within the times specified, without excuse, shall constitute a default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its default, the Government may terminate the Lease on account of the Lessor’s default.
(2) After the Government accepts the Space. Failure by the Lessor to perform any service, to provide any item, or satisfy any requirement of this Lease, without excuse, shall constitute a default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its default, the Government may perform the service, provide the item, or obtain satisfaction of the requirement by its own employees or contractors. If the Government elects to take such action, the Government may deduct from rental payments its costs incurred in connection with taking the action. Alternatively, the Government may reduce the rent by an amount reasonably calculated to approximate the cost or value of the service not performed, item not provided, or requirement not satisified, such reduction effective as of the date of the commencement of the default condition.
DEFAULT BY XXXXXX. Lessee shall be in material default under this Lease:
8.2.1 If Lessee fails to pay rent or any other charge pursuant to Section 4 of this Lease within thirty (30) days after written notice of delinquency, or fails to pay any other sum due under this Lease within thirty (30) days of written demand notifying Lessee that such payment is due;
8.2.2 If Lessee fails to observe and perform any covenant, condition, or agreement in this Lease on its part to be observed or performed, other than as referenced in Section 9.2.1, for a period of thirty (30) days after Lessor provides written notice specifying such failure and requesting that it be remedied; provided, however, if the failure stated in the notice cannot be corrected within thirty
DEFAULT BY XXXXXX. When SBA determines that the Lender has failed for any reason to remit to FTA the payments required pursuant to Article III of this Agreement, SBA may purchase the Guaranteed Interest under the provisions of Section 6.2 of this Agreement, provided however, under no circumstances shall SBA be liable for any amount attributable to any late payment charge.
DEFAULT BY XXXXXX. 2.15.1 Default By Lessor Lessor will be considered in default of this Agreement if Lessor fails to fulfill any of the terms, covenants or conditions set forth in this Agreement if such failure shall continue for a period of more than sixty (60) days after delivery by Company of a written notice of such default.
2.15.2 Cure If the default cannot be cured with reasonable diligence within such Sixty (60) day period, then Company shall not have the right to terminate this Agreement or pursue any other remedy against Lessor, as long as Lessor commences the curing of such default within said sixty (60) day period and thereafter proceeds with the curing of such default to completion with reasonable diligence, with allowance for delays due to the action or failure to act of governmental authorities, strikes, acts of God or other matters beyond the reasonable control of Lessor.
DEFAULT BY XXXXXX. In the event of any default by Xxxxxx, Owner shall give to Marina written notice of such default, specifying the nature of the default. Xxxxxx shall have 10 days within which to cure such default. If Xxxxxx timely fails to cure such default, then Owner shall have the right, by giving written notice to Xxxxxx, to terminate this Agreement, with such termination begin effective as of the final day of the month on which such notice of termination is given. Owner’s right to terminate shall be Owner’s sole remedy under this Agreement in the event of such a Marina default, and Xxxxxx shall not on any account be liable in money damages (including without limitation for any attorneys’ fees or costs of court) to Owner. Notwithstanding the foregoing, Owner shall have no right to give Xxxxxx any notice of default, and shall have no right to terminate this Agreement before the expiration of its stated Term, at any time that Owner has any Monthly Rental due to Marina, or is otherwise in default of any of Owner’s other obligations under this Agreement.
DEFAULT BY XXXXXX. Lessor shall not be deemed 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 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 obligations; 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. If Xxxxxx does not perform, Xxxxxx’s mortgagee may perform in Lessor’s place and Xxxxxx must accept such performance. In no event shall Lessee have the right to terminate this Lease as a result of Lessor’s default, and Xxxxxx’s remedies shall be limited to damages and/or an injunction.
DEFAULT BY XXXXXX. Lessor shall not be in default unless Lessor falls 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 thirty (30) day period and thereafter diligently prosecutes the same to completion.
DEFAULT BY XXXXXX. (1) The occurrence of any one or more of the following events shall constitute a default hereunder by XXXXXX:
a) Abandonment of the PREMISES by XXXXXX. Abandonment is herein defined to include, but is not limited to, any absence by LESSEE from the PREMISES for ten
DEFAULT BY XXXXXX. If during the Term the Lessee makes default in the due performance or observance of any of the Lessee’s Covenants and such default is not remedied within 30 days after notice thereof is given by the Lessor or if the Lessee is wound up or ceases to operate then the Lessor may terminate this lease and the rights of the Lessee under this lease provided that if the default is capable of being remedied by the Lessor, then the Lessor may in its discretion itself remedy the default or cause it to be remedied (for which purpose the Lessor by agents, workmen or otherwise has full power to enter upon the Leased Premises) and the costs and expenses incurred by the Lessor in remedying the default or causing it to be remedied are a debt payable by the Lessee to the Lessor on demand.
