Common use of Default Clause Clause in Contracts

Default Clause. If the Tenant should default in the payment of any rent herein reserved or in the performance of any of its obligations under this lease, and if the Landlord should give to the Tenant notice in writing of such default and the Tenant should fail to cure the default with thirty (30) days after the date of receipt of such notice, or if the default should be of such a character as to require more than thirty (30) days to cure and the Tenant should fail to use reasonable diligence in curing such default, then and in an such event, the Landlord may, at Landlord's option, terminate this lease. In the event (a) Tenant should cease its operations on the leased premises for a period of six (6) months, or (b) Tenant should abandon the leased premises, then Landlord may, at its election terminate this lease by written notice thereof to Tenant; provided, however, should Tenant's cessation of operations be due to Acts of God, strikes, war, force majeure, or other causes beyond the control of Tenant, then unless said termination is authorized by other provisions of this lease) during such period of cessation, so caused, Landlord may not cancel this lease. Upon such termination hereinabove described, Landlord may re-enter the leased premises without further notice or demand without being in any manner liable therefor, and Landlord may hold the leased premises free from any further liability on the part of Landlord hereunder, except such liability as may have arisen theretofore, or Landlord may enter the leased premises as aforesaid and, as agent of tenant, re-let the same for the balance of the term of this lease, or for a shorter or a longer term, and may receive the rent therefore, applying the same, first to the payment of the expense of such re-letting and second to the payment of rent due and to become due by these presents, tenant remaining liable for and agreeing hereby to pay any deficiency. The filing of any petition in bankruptcy or insolvency, or for reorganization under the Bankruptcy Act, either by or against Tenant or anyone claiming under Tenant, or an assignment for the benefit of creditors by Tenant or anyone claiming under Tenant, unless the foregoing events be vacated, canceled or nullified within a period of sixty (60) days, shall constitute a breach of this lease, and Landlord shall forthwith on such breach be entitled to collect damages therefor as provided by law, and, in addition thereto, Landlord shall have the rights of termination and re-entry as hereinbefore set forth. If the Landlord should default in the performance of any of its obligations under this lease, and if Tenant should give to the Landlord notice in writing of such default and the Landlord should fail to cure the default within thirty (30) days after the date of receipt of such notice, or if the default should be of such character as to require more than thirty (30) days to cure and the Landlord should fail to use reasonable diligence in curing such default, then and in any such event, the Tenant may, at Tenant's option, terminate this lease without any penalty.

Default Clause. A. If the Tenant should default in rent above referred to or any part thereof shall be unpaid on the date of payment of any rent herein reserved or in by the performance of any of its obligations under this leaseterms hereof, and if the remain so for a period of twenty (20) days after Landlord should give shall have given to the Tenant notice in writing of such default and the Tenant should fail to cure the default with thirty (30) days after the date of receipt of such notice, or if the default should be of such a character as to require more than thirty (30) days to cure and the Tenant should fail to use reasonable diligence in curing such default, then and in an such event, the Landlord maycase it shall and may be lawful for Landlord, at Landlord's option, by summary proceedings or by any other appropriate legal action or proceedings to terminate the term off this leaselease and to enter into the demised premises or any part thereof and expel Tenant or any person or persons occupying the demised premises, and so to repossess and enjoy the demised premises as in Landlord's former estate. In Should the event (a) Tenant should cease its operations on term of this lease at any time be terminated under the leased premises for a period of six (6) monthsterms and conditions hereof, or (b) in any other way, Tenant should abandon hereby covenants and agrees to surrender and deliver up the leased premises, then demised premises peaceably to Landlord may, at its election terminate immediately upon the termination of the term hereof. Landlord agrees that in no event shall the nonpayment of rent be the basis of a forfeiture of this lease by written notice thereof to Tenant; provided, however, should Tenant's cessation or otherwise result in the eviction of operations be due to Acts of God, strikes, war, force majeure, Tenant or other causes beyond the control of Tenant, then unless said termination is authorized by other provisions of this lease) during such period of cessation, so caused, Landlord may not cancel this lease. Upon such termination hereinabove described, Landlord may re-enter the leased premises without further notice or demand without being in any manner liable therefor, and Landlord may hold the leased premises free from any further liability on the part of Landlord hereunder, except such liability as may have arisen theretofore, or Landlord may enter the leased premises as aforesaid and, as agent of tenant, re-let the same for the balance of the term of this lease, or for lease unless said written notice shall have been served on Tenant as hereinbefore provided and Tenant shall have failed to cure such default within said 20-day period after the service of said notice. In the event of a shorter or a longer term, and may receive termination of the rent therefore, applying the same, first term of this lease prior to the payment expiration date thereof pursuant to the provisions of this Paragraph A, Tenant shall not thereby be relieved from liability for damages sustained or to be sustained by Landlord by reason of the expense of such re-letting and second to the payment of rent due and to become due by these presents, tenant remaining liable for and agreeing hereby to pay any deficiency. The filing of any petition in bankruptcy or insolvency, or for reorganization under the Bankruptcy Act, either by or against Tenant or anyone claiming under Tenant, or an assignment for the benefit of creditors by Tenant or anyone claiming under Tenant, unless the foregoing events be vacated, canceled or nullified within a period of sixty (60) days, shall constitute a breach of this lease, lease by Tenant and Tenant shall pay to Landlord shall forthwith on all such breach be entitled to collect damages therefor as provided incurred by law, and, in addition thereto, Landlord shall have the rights of termination and re-entry as hereinbefore set forth. If the Landlord should default in the performance of any of its obligations under this lease, and if Tenant should give to the Landlord notice in writing by reason of such default and the Landlord should fail to cure the default within thirty (30) days after the date of receipt of such notice, or if the default should be of such character as to require more than thirty (30) days to cure and the Landlord should fail to use reasonable diligence in curing such default, then and in any such event, the Tenant may, at Tenant's option, terminate this lease without any penaltybreach.

Default Clause. (i) If the Tenant should shall default in the payment of any rent on the date of payment as hereinabove provided (and if such default shall continue for a period of twenty (20) days, after receipt by Tenant of written notice thereof), or (ii) (except as otherwise herein reserved provided) in the event that Tenant shall default or fail in the performance of any of its obligations a covenant or agreement to be performed by it under this leaseLease, and if the Landlord should give to the Tenant notice in writing of such default and the Tenant should fail to cure the default with shall not have been cured for a period of thirty (30) days after the date receipt by Tenant of receipt of such written notice, or if the such default should cannot with due diligence be of such a character as to require more than cured within thirty (30) days after receipt by Tenant of written notice, and Tenant shall not have commenced the remedying thereof within such period or shall not be proceeding with due diligence to cure and remedy it (it being intended in connection with a default not susceptible of being cured by Tenant with due diligence within thirty (30) days, that the Tenant should fail time within which to use reasonable diligence in curing remedy same shall be extended for such default, then and in an such event, the Landlord may, at Landlord's option, terminate this lease. In the event (a) Tenant should cease its operations on the leased premises for a period of six (6) monthsas may be necessary to complete same with due diligence), or (biii) if the Tenant should abandon the leased premises, then Landlord may, at its election terminate this lease by written notice thereof to Tenant; provided, however, should Tenant's cessation of operations be due to Acts of God, strikes, war, force majeure, or other causes beyond the control of Tenant, then unless said termination is authorized by other provisions of this lease) during such period of cessation, so caused, Landlord may not cancel this lease. Upon such termination hereinabove described, Landlord may re-enter the leased premises without further notice or demand without being in any manner liable therefor, and Landlord may hold the leased premises free from any further liability on the part of Landlord hereunder, except such liability as may have arisen theretofore, or Landlord may enter the leased premises as aforesaid and, as agent of tenant, re-let the same for the balance of the term of this lease, or for a shorter or a longer term, and may receive the rent therefore, applying the same, first to the payment of the expense of such re-letting and second to the payment of rent due and to become due by these presents, tenant remaining liable for and agreeing hereby to pay any deficiency. The filing of any petition in bankruptcy or insolvency, or for reorganization under the Bankruptcy Act, either by or against Tenant or anyone claiming under Tenant, or shall make an assignment for the benefit of creditors or file a voluntary petition in bankruptcy or be adjudicated a bankrupt or insolvent by any court, or file a petition for reorganization or an arrangement under the Federal Bankruptcy Code or any State Insolvency Act, or a receiver or trustee for its property shall be appointed in any proceeding other than a bankruptcy proceeding, and such appointment shall not be vacated within ninety (90) days after it has been made, then in addition to all other rights and remedies provided for under this Lease, at law or in equity, after service of written notice informing Tenant or anyone claiming under Tenant, unless the foregoing events be vacated, canceled or nullified within a period of sixty termination of this Lease in ten (6010) days, at the end of the tenth day, it shall constitute a breach of be lawful for the Landlord, to terminate this leaseLease and to enter into said Premises or any part hereof, and Landlord shall forthwith on expel the said Tenant or any person or persons occupying said Premises, and so to repossess and enjoy the said Premises; provided, however, that if any voluntary or involuntary proceeding for a reorganization or an arrangement is instituted, and no application is made in any such breach be entitled proceeding and no relief is requested therein by the Tenant to collect damages therefor as provided by lawreject this Lease, andor to reform or recast the same or for any change, in addition thereto, Landlord shall have the rights of termination and re-entry as hereinbefore set forth. If the Landlord should default in the performance modification or alteration of any of its obligations the terms, covenants and conditions of this Lease or to relieve the Tenant from the punctual payment of the rent or other charges required to be paid by Tenant under this leaseLease, and if all rent and other charges due from Tenant should give under this Lease are paid within ten (10) days after the notice from Landlord to Tenant hereinbefore provided for, and all of the Landlord notice in writing terms, covenants and conditions of such default this Lease required to be performed by Tenant are promptly performed and the Landlord should fail to cure the default complied with within thirty (30) days after the date written notice of receipt of such noticeany non-performance thereof, or if the a default should be by reason of such character as to require more than non-performance cannot with due diligence be cured within thirty (30) days after receipt by Tenant of such written notice, if Tenant shall have commenced the remedying thereof within such period or shall be proceeding with due diligence to cure remedy it (it being intended in connection with a default non-susceptible of being cured by Tenant with due diligence within thirty (30) days that the time within which to remedy same shall be extended for such period as may be necessary to complete same with due diligence), then this Lease shall not be so terminated, but shall continue in full force and effect, provided however, nothing herein contained shall modify the rights of the Landlord or the obligations of the Tenant with respect to this Lease under the Federal Bankruptcy Code in the event of the filing of a petition thereunder by the Tenant. Simultaneously with the sending of notice of default to Tenant as above-mentioned, Landlord shall send a copy of such notice by registered mail, return receipt required, the Anchor Tenant of Tenant and the record holders of any leasehold mortgage that shall affect the Premises (sometime referred to herein as “Leasehold Mortgagee”), provided such parties have registered their names and addresses with the Landlord should fail prior to use reasonable diligence in curing any such default. Any anchor tenant of Tenant, then or the holders of any leasehold mortgage shall be entitled to effect a cure of any default of Tenant hereunder upon the same terms and conditions as provided herein for cure by Tenant and such cure shall be of the same effect as if Tenant had cured the default in a timely manner. (See also Article 18, Fee and Leasehold Mortgages, of this Lease for further exposition of the issues raised hereunder.) Should the Lease term at any time be terminated under the terms and conditions hereof, or in any such eventother way, the Tenant mayhereby covenants and agrees to surrender and deliver the Premises peaceably to the said Landlord immediately upon the termination of said term and the improvements, if any, in broom clean condition, free and clear of all refuse and debris. In the event of termination of this Lease pursuant to the provision of this Article 15, the Tenant shall remain liable for the equivalent of the amount of all net rent reserved herein less any amounts received by Landlord from reletting, if any, after deducting therefrom the reasonable cost of obtaining possession of the premises and of any repairs and alterations necessary to repair them for reletting. Any and all monthly deficiencies so payable by the Tenant shall be paid monthly on the date herein provided for the payment of rent and any amount not so paid shall bear interest at Tenant's option, terminate this lease without any penaltythe lesser of 8% per annum or the maximum legal rate.

Default Clause. If the Tenant should Lessee shall fail to pay the rent or any other charge required to be paid by the Lessee, or if the Lessee shall breach any of the terms of this lease or the rules attached hereto or enacted from time to time, then as to every default in the or breach, except non-payment of any rent herein reserved or in rent, the performance of any of its obligations under this lease, and if Lessor may give the Landlord should give to the Tenant notice in writing of such default and the Tenant should fail to cure the default with Lessee thirty (30) days after the date of receipt of written notice thereof, and if such notice, or if the default should be of has not been cured within such a character as to require more than thirty 30-day period, then the Lessor may give the Lessee three (303) days to cure and the Tenant should fail to use reasonable diligence in curing such default, then and in an such event, the Landlord may, at Landlord's option, terminate this lease. In the event (a) Tenant should cease its operations on the leased premises for a period of six (6) months, or (b) Tenant should abandon the leased premises, then Landlord may, at its election terminate this lease by written notice thereof to Tenant; provided, however, should Tenant's cessation of operations be due to Acts of God, strikes, war, force majeure, or other causes beyond the control of Tenant, then unless said termination is authorized by other provisions of this lease) during such period of cessation, so caused, Landlord may not cancel this lease. Upon such termination hereinabove described, Landlord may re-enter the leased premises without further notice or demand without being in any manner liable therefor, and Landlord may hold the leased premises free from any further liability on the part of Landlord hereunder, except such liability as may have arisen theretofore, or Landlord may enter the leased premises as aforesaid and, as agent of tenant, re-let the same for the balance of the term of this lease, or for a shorter or a longer term, and may receive the rent therefore, applying the same, first to the payment of the expense of such re-letting and second to the payment of rent due and to become due by these presents, tenant remaining liable for and agreeing hereby to pay any deficiency. The filing of any petition in bankruptcy or insolvency, or for reorganization under the Bankruptcy Act, either by or against Tenant or anyone claiming under Tenant, or an assignment for the benefit of creditors by Tenant or anyone claiming under Tenant, unless the foregoing events be vacated, canceled or nullified within a period of sixty (60) days, shall constitute a breach termination of this lease, and Landlord this lease shall forthwith on expire accordingly and the Lessee shall surrender possession to the Lessor, but the Lessee shall remain liable as hereinafter provided. In case of default by the Lessee in the payment of rent, the notice shall be a three- day notice provided by Statutes of the State of Texas, and the Lessor shall have such breach be entitled rights as are provided by such Statutes. If the premises become vacant or abandoned or should any other person than Lessee secure possession of the premises, or any part hereof, by reason of any receivership, bankruptcy proceedings, or other operation of law in any manner whatsoever, Lessor may at Lessor's option, without notice to collect damages therefor as Lessee, terminate this lease, or in the alternative, Lessor may reenter and take possession of said premises, or may take possession in the manner provided by law. In case the Lessor shall recover possession of the premises, andthe Lessor may, but shall not be required to remove the property of the Lessee and store the same at the Lessee's expense, or Lessor may dispose of said property, and the Lessee agrees that in addition theretono respect shall the Lessor be responsible in damages for any action in entering said premises or removing and disposing of Lessee's property, Landlord with or without process of law. Notwithstanding anything stated herein, In the event of a default by Lessee, Lessor shall have all recourse against the rights of termination Lessee provided by this lease and reby law, and all remedies shall be cumulative and non-entry as hereinbefore set forthexclusive. If the Landlord should default Lessee agrees to pay Lessor reasonable attorney's fees and expenses incurred in the performance of and about enforcing any of its obligations under the terms of this lease, and if Tenant should give to the Landlord notice in writing of such default and the Landlord should fail to cure the default within thirty (30) days after the date of receipt of such noticecollecting past due rent, or if the default should be of such character as to require more than thirty (30) days to cure and the Landlord should fail to use reasonable diligence in curing such default, then and in and about recovering possession from Lessee, should the services of any such event, the Tenant may, at Tenant's option, terminate this lease without any penaltyattorney be retained by Lessor in so doing.

Default Clause. If the Tenant should (1) In case default be made by Lessee at any time in the due payment of any installment of rent herein reserved or in the performance of due payment or any of its obligations other sum payable by Lessee to Lessor under this leasethe provisions hereof, and if the Landlord should give to the Tenant notice in writing of such default and the Tenant should fail to cure the default with shall continue for a period of thirty (30) days after the date of receipt of such noticewritten demand by Lessor, or (2) if default shall be made by Lessee in the due observance and performance of any other covenant, condition, or stipulation herein agreed by Lessee to be by it observed or performed, and such default should be shall continue for a period of such a character as to require more than thirty (30) days to cure and the Tenant should fail to use reasonable diligence in curing such default, then and in an such event, the Landlord may, at Landlord's option, terminate this lease. In the event (a) Tenant should cease its operations on the leased premises for a period from date of six (6) months, or (b) Tenant should abandon the leased premises, then Landlord may, at its election terminate this lease by written notice thereof by Lessor to Tenant; provided, however, should Tenant's cessation of operations be due to Acts of God, strikes, war, force majeure, or other causes beyond Lessee detailing the control of Tenant, then unless said termination is authorized by other provisions of this lease) during such period of cessation, so caused, Landlord may not cancel this lease. Upon such termination hereinabove described, Landlord may re-enter the leased premises without further notice or demand without being in any manner liable therefor, and Landlord may hold the leased premises free from any further liability on the part of Landlord hereunder, except such liability as may have arisen theretofore, or Landlord may enter the leased premises as aforesaid and, as agent of tenant, re-let the same for the balance of the term of this lease, or for a shorter or a longer term, and may receive the rent therefore, applying the same, first to the payment of the expense of such re-letting and second to the payment of rent due and to become due by these presents, tenant remaining liable for and agreeing hereby to pay any deficiency. The filing of any petition in bankruptcy or insolvency, or for reorganization under the Bankruptcy Act, either by or against Tenant or anyone claiming under Tenant, or an assignment for the benefit of creditors by Tenant or anyone claiming under Tenant, unless the foregoing events be vacated, canceled or nullified within a period of sixty (60) days, shall constitute a breach of this lease, and Landlord shall forthwith on such breach be entitled to collect damages therefor as provided by law, and, in addition thereto, Landlord shall have the rights of termination and re-entry as hereinbefore set forth. If the Landlord should default in the performance of any of its obligations under this lease, and if Tenant should give to the Landlord notice in writing particular of such default and the Landlord should fail requiring it to cure the default within thirty (30) days after the date of receipt of make good any such notice, or if the default should be of such character as to require more than thirty (30) days to cure and the Landlord should fail to use reasonable diligence in curing such last mentioned default, then and in any such eventevent described in (1) or (2) hereinabove, Lessor at any time thereafter shall have the full right, at its election to enter in, into, and upon the premises covered by this lease and take possession of the same together with all buildings and improvements thereon, and from time of such entry, this lease shall become void and of no effect and Lessor may enter upon, take possession, hold and retain the said premises and all buildings and improvements thereto as of its first or former estate, and this lease shall be forfeited to Lessor, and Lessor may bring suit for and collect all the rents, taxes, assessments, charges, liens, penalties and damages including damages to Lessor by reason of such breach or default on the part of Lessee which shall have accrued up to the time of such entry, and Lessor may, if it elects so to do, bring suit to collect all such rents, taxes, assessments, charges, liens, penalties and damages in the event of any default as aforesaid without voiding this lease; provided, however, that any mortgagee of any leasehold interest under this lease, who Lessor has agreed to notify in case of default, may avoid forfeiture of this lease as herein provided by satisfying and curing, within a period of thirty (30) days, as the case may be, after written demand upon it by Lessor, the Tenant may, at Tenant's option, terminate default consequent whereon such right of forfeiture shall accure. All things so done and performed by such a mortgagee to cure a default by Lessee shall be effective to prevent a forfeiture of the rights of Lessee under this lease as the same would have been if done and performed by Lessee instead of a mortgages. If Lessor considers that Lessee has failed to comply with one or more of its obligations hereunder, either expressed or implied, and whether the alleged breach be either active or passive, and Lessor undertakes to give Lessee written notice of default as provided for herein, Lessor shall in said written notice set out specifically in what respects Lessor claims Lessee has breached this lease. If within thirty (30) days, as the case may be, after receipt of such notice Lessee shall meet or commence to meet the breaches alleged by Lessor, Lessee shall not be deemed in default hereunder. The service of written notice with itemized and particularized allegations of breach, and the lapse of thirty (30) days, as the cast may be, without Lessee’s meeting or commencing to meet the alleged breaches shall be a condition precedent to any penaltyaction, be it legal or otherwise by Lessor on this lease.