Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following:
1. Tenant fails to cure any violation of Rules and Regulations set forth herein, or otherwise fails to abide by and perform any of the obligations, terms, conditions or provisions of this Lease within three days after Landlord delivers notice of the same to Tenant.
2. Tenant violates the Rules and Regulations set forth herein three times during the term of the Lease regardless of whether such violation is cured.
3. Tenant files a petition in bankruptcy (in which case this Lease shall automatically terminate and Tenant shall immediately vacate the Premises leaving it in the same condition it was in on the date of possession, normal wear and tear excepted.)
4. Tenant fails to timely pay rent or other amounts owed to Landlord. Tenant fails to reimburse Landlord for any damages, repairs and costs to the Premises or Property (other than normal wear a tear) caused by the actions or neglect of Tenant, members of Tenant’s household or the guests or invitees of Tenant. All rights and remedies available to Landlord by Law or in this Lease shall be cumulative and concurrent.
Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following:
(1) Tenant fails to abide by any of the terms and conditions of this Lease.
(2) Tenant files a petition in bankruptcy (in which case this Lease shall automatically terminate and Tenant shall immediately vacate the Premises leaving it in the same condition it was in on the date of possession, normal wear and tear excepted).
(3) Tenant fails to timely pay rent or other amounts owed to Landlord under this Lease.
(4) Tenant fails to reimburse Landlord for any damages, repairs and costs to the Premises or Property (other than normal wear and tear) caused by the actions, neglect or intentional wrongdoing of Tenant or members of Tenant’s household and their invitees, licensees and guests.
(5) Prior to the end of the Lease, Tenant either moves out of the Premises or shuts off any of the utilities serving the Premises without the consent of Landlord.
Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following:
1. Tenant violates any of the Rules and Regulations or Tenant’s responsibilities set forth herein or otherwise fails to abide by the terms and conditions of this Lease. Prior to terminating the Lease for any of the above-referenced reasons Landlord shall give Tenant notice of the default and a three (3) day opportunity to cure the same except in situations where the default is incapable of being cured within that time frame or the nature of Tenant’s default, if not cured, poses a risk of damage or injury to Landlord, Landlord’s property or other persons or property as determined in the sole discretion of Landlord.
2. Tenant violates any of the Rules and Regulations or Tenant‘s responsibilities set forth herein or other terms and conditions of the Lease of total of three (3) or more times during the term of the Lease regardless of whether such violations are cured.
3. Tenant files a petition in bankruptcy (in which case this Lease shall automatically terminate and Tenant shall immediately vacate the Premises leaving it in the same condition it was in on the date of possession, normal wear and tear excepted).
4. Tenant fails to timely pay rent or other amounts owed to Landlord under this Lease.
5. Tenant fails to reimburse Landlord for any damages, repairs and costs to the Premises or Property (other than normal wear and tear) caused by the actions or neglect of Tenant or members of Tenant’s household and their invitees, licensees and guests.
Default Generally. A party shall be in default under this Agreement upon the occurrence of any one or more of the following events or conditions:
1) such party (i) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy, insolvency, reorganization, debt restructuring, liquidation or similar law, or has any such petition filed or commenced against it, (ii) makes an assignment or any general arrangement for the benefit of creditors, (iii) otherwise becomes bankrupt or insolvent (however evidenced), (iv) has a liquidator, administrator, receiver, trustee, conservator or similar official appointed with respect to it or any substantial portion of its property or assets, or (v) is generally unable to pay its debts as they fall due; or
2) such party fails to perform any material obligation required of it under this Agreement and such nonperformance is not remedied within ninety (90) days after notice thereof (or if such party has promptly commenced to remedy such nonperformance within such ninety (90) day period and is proceeding diligently to remedy such nonperformance but such nonperformance cannot be cured within such ninety (90) day period, then within such longer period of time as may reasonably be necessary to remedy such nonperformance), except for any failure of such party to pay when due any amount owing pursuant to this Agreement, for which no cure period shall be available. In addition to all remedies available at law or in equity (subject, however to the limitations set forth in paragraph 12 of Attachment 5), the non-defaulting party hereunder may terminate this Agreement (and all Services extending beyond the termination date of this Agreement) upon the occurrence of a default by the other party. Upon any such termination by Supplier, Customer shall be liable to Supplier for the amounts determined pursuant to Section 3.D for each Service then in effect as if such Service was terminated by Customer prior to the end of the term established for such Service.
Default Generally. Material default by Seller in any material obligation hereunder owed by Seller to Buyer. Notwithstanding the above, Buyer may terminate pursuant to Subsections (a), (b), (c) or (d) above only if Seller has failed to cure such default within sixty (60) days after written notice thereof has been received by Seller.
Default Generally. Default by Seller in any obligation owed by Seller to Buyer. Buyer's decision on termination shall be final. Seller has (30) days from postmarked date of written notice to rectify defaults. Buyer will be reasonably in making the final decision.
Default Generally. Tenant shall be in default of this Lease upon the occurrence of any of the following: (i) Tenant fails to abide by any term of this Lease, (ii) Tenant files a petition in bankruptcy, (iii) Tenant fails to timely pay Rent, Additional Rent, or other amounts owed to Landlord under this Lease, (iv) Tenant fails to reimburse Landlord for any damages, repairs or costs to the Premises (other than normal wear and tear) caused by the actions, neglect or intentional wrongdoing of Tenant or members of Tenant’s household and their invitees, licensees, and guests, (v) Tenant abandons the Premises prior to the end of the Lease, (vi) Tenant shuts off any of the utilities serving the Premises without the consent of Landlord, and/or (vii) Tenant fails to maintain Minimum Required Insurance or pay the Purchase Cost, as defined herein (each an “Event of Default”).
Default Generally. Failure by either VDOT or the Participant to fulfill their respective responsibilities set forth herein shall give rise to an event of default under the terms of this Agreement. Following upon appropriate notice of default, and failure to cure within the agreed upon period, the Agreement may be terminated in accordance with Section 12.2 or Section 12.3.
Default Generally. 32 20.02 Landlord's Remedies................................................................33 20.03 Damages............................................................................34 20.04
Default Generally. If any Limited Partner fails to contribute, in a timely manner, any portion of the Capital Commitment required to be contributed by such Limited Partner hereunder or pursuant to such Limited Partner's Subscription Agreement, and any such failure continues for five Business Days after receipt of written notice thereof from the General Partner (a "DEFAULT"), then such Limited Partner may be designated by the General Partner as in default (a "DEFAULTING LIMITED PARTNER") and shall thereafter be subject to the provisions of this Section 5.2. The General Partner may choose not to designate any Limited Partner as a Defaulting Limited Partner and may agree to waive or permit the cure of any default by a Limited Partner, subject to such conditions as the General Partner and the Defaulting Limited Partner may agree upon. In the event that a Limited Partner becomes a Defaulting Limited Partner, (I) such Defaulting Limited Partner's Remaining Capital Commitment (the "DEFAULTED CAPITAL COMMITMENTS") shall be deemed to be zero, (II) the Non-Defaulting Limited Partners shall have an option, exercisable within 30 days following the date of the notice referred to in the first sentence of this Section 5.2(a), to assume the Defaulted Capital Commitments, if any, of such Defaulting Limited Partner, such Defaulted Capital Commitments to be assumed in proportions determined to be equitable in the sole discretion of the General Partner taking into account the relative Capital Commitments and amounts elected to be assumed by the Limited Partners exercising such option (the "EXERCISING PARTNERS"), (III) the General Partner shall assume any remaining Defaulted Capital Commitments that are not assumed by such Non-Defaulting Limited Partners pursuant to subsection (II) above, and (IV) such Limited Partner shall be entitled to receive only one-half of the distributions that it would have been entitled to receive had it not become a Defaulting Limited Partner, and the other one-half of such distributions (the "FORFEITED DISTRIBUTIONS") shall be made in accordance with Section 5.2(b). Notwithstanding any other provision of this Section 5.2(a), the obligations of any Defaulting Limited Partner to the Partnership hereunder shall not be extinguished as a result of the operation of this Section 5.2(a). In addition to the other remedies described in this Section 5.2, the General Partner shall have the right, in its sole discretion, to pursue all remedies at law or in equity available to it ...
