Default of Tenant. 21.1 Each of the following shall constitute an Event of Default: (a) Tenant's failure to make any payment of the Base Rent, Additional Rent or any other sum (i) within five (5) days notice from Landlord that such payment has not been made ("Landlord Notice") or (ii) if Tenant has received three (3) such Landlord Notices during such Lease Year within five (5) days after such payment's due date; (b) Tenant's failure to take possession of the Premises within sixty (60) days of the Lease Commencement Date; (c) Tenant's violation or failure to perform or observe any other covenant or condition, which violation or failure continues for a period of thirty (30) days after notice thereof from Landlord, or if such violation or failure is remediable but is of such a nature that it cannot be remedied within such thirty (30) day period, then for such longer period (not to exceed ninety (90) days subject to Force Majeure ) as may reasonably be required, provided that Tenant promptly commences and diligently pursues such remedy to completion; (d) Tenant's abandonment or vacation of the Premises; (e) an Event of Bankruptcy as specified in Article XXII with respect to Tenant, any general partner of Tenant (a "General Partner") or any Guarantor; or (f) Tenant's dissolution or liquidation.
21.2 If there shall be an Event of Default, including an Event of Default prior to the Rent Commencement Date, then Landlord shall have the right, at its sole option, to terminate this Lease. In addition, with or without terminating this Lease, Landlord may re-enter, terminate Tenant's right of possession and take possession of the Premises. The provisions of this Article shall operate as a notice to quit, any other notice to quit or of Landlord's intention to re-enter the Premises being hereby expressly waived. If necessary, Landlord may proceed to recover possession of the Premises under and by virtue of the laws of the Commonwealth of Virginia, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease and/or elects to terminate Tenant's right of possession, then everything contained in this Lease to be done and performed by Landlord shall cease, without prejudice, however, to Landlord's right to recover from Tenant all rent and other sums due under the terms and conditions of this Lease. Whether or not this Lease and/or Tenant's right of possession is terminated, Landlord may, but shall not be obligated to, relet th...
Default of Tenant. It is hereby expressly agreed that if and whenever the rent or additional rent hereby reserved or any part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or not, or in case of breach or non-observance or non-performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations on the part of the Tenant to be kept, observed and performed, or in case the Demised Premises shall be vacated or remain unoccupied for fifteen (15) days or in case the Term shall be taken in execution or attachment for any cause whatever, then and in every such case, it shall be lawful for the Landlord thereafter to enter into and upon the Demised Premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of its former estate, anything in this Lease contained to the contrary notwithstanding other than the proviso to this sub-paragraph. Provided that the Landlord shall not at any time have the right to re-enter and forfeit this Lease by reason of the Tenant's default in the breach or non-observance or non- performance of any of the covenants, agreements, provisos, conditions or Rules and Regulations contained in this Lease, unless and until the Landlord shall have given to the Tenant at least five (5) business days' written notice of their intention to do so and setting forth the default complained of, and the Tenant shall have the right during such five (5) business days to cure any such default.
Default of Tenant. Each of the following events shall be an event of default under this Lease:
(a) Failure of Tenant to pay any installment of rent or other sum payable to Landlord hereunder on the date that same is due and such failure shall continue for a period often (10) days;
(b) Failure of Tenant to comply with any term, condition or covenant of this Lease, other than the payment of rent or other sum of money, and such failure shall not be cured within twenty (20) days after written notice thereof to Tenant;
(c) Tenant or any guarantor of Tenant's obligations hereunder shall commence any case, proceeding or other action seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its property;
(d) Any case, proceeding or other action against Tenant or any guarantor of Tenant's obligations hereunder shall be commenced seeking to have an order for relief entered against it as debtor, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts under any law relating to bankruptcy, insolvency, reorganization or relief of debtors, or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its property, and Tenant (i) fails to obtain a dismissal of such case, proceeding, or other action within sixty (60) days of its commencement; or (ii) converts the case from one chapter of the Federal Bankruptcy Code to another chapter; or (iii) is the subject of an order of relief which is not fully stayed within seven (7) business days after the entry thereof; and
(e) Abandonment by Tenant of any substantial portion of the Premises or cessation of the use of the Premises for the purpose leased.
Default of Tenant. Upon occurrence of any event of default, the District may, at its option, in addition to any other remedy or right provided by law, terminate this Lease by service of written notice of such termination upon Tenant, and thereupon enter upon the Leased Premises, or any part thereof, upon the date specified in such notice and retake possession of said premises. Each of the following shall be deemed an event of default:
28.1 Default in the payment of any rental or other payment due from the Tenant as provided for herein for a period of thirty (30) days after the due date thereof.
28.2 Breach by Tenant of any of the covenants or other obligations of Tenant set forth herein and failure to remedy such breach in full upon thirty (30) days’ notice in writing thereof given by District, including breach of rules and regulations promulgated by District or governmental entities governing District, as herein provided.
28.3 Abandonment of said premises for more than twelve (12) months.
28.4 Assignment by the Tenant for the benefit of creditors, or the filing by the Tenant or against the Tenant of a petition in bankruptcy, or the filing of any petition against the Tenant for the foreclosure of any judgment lien against the Leased Premises or any other lien or mortgage encumbering said leased premises, or the levy of any writ of execution upon said leased premises; or the filing of any Mechanic’s Lien against said leased premises not released within thirty (30) days of the date of filing of the same.
Default of Tenant. Failure of Tenant to perform any requirements under this Lease within thirty (30) days after written notice of default is received from Landlord, except Tenant’s failure to make rental payments for which no written notice of default is required from Landlord, shall be considered a default by Tenant under this Lease.
Default of Tenant. 13 SECTION 19.01 DEFAULT - RIGHT TO RE-ENTER ........................... 13 SECTION 19.02 DEFAULT - RIGHT TO RE-LET ............................. 14 SECTION 19.03
Default of Tenant. Each of the following shall be an "Event of Default" under this Lease:
(a) any failure of Tenant to pay any rent when due and such failure continues uncured for fifteen (15) days after Landlord gives Tenant notice of such failure;
(b) any failure of Tenant to perform any other of the terms, conditions or covenants of this Lease to be performed by Tenant and such failure continues uncured for thirty (30) days after written notice from Landlord specifying such failure, except that in cases where Tenant cannot reasonably cure within said thirty (30) day period, only if Tenant fails to commence to cure within such thirty (30) day period and thereafter to diligently continue to cure the same until fully corrected; and
(c) if both (i) Tenant's estate created by this Lease shall be taken upon execution, attachment or other process of law, and any such execution, attachment or other process be not vacated or set aside within thirty (30) days thereafter, or if Tenant shall be adjudged as bankrupt, or if Tenant shall file a voluntary petition in bankruptcy, or if an involuntary petition in bankruptcy be filed and not vacated or set aside within ninety (90) days thereafter, and (ii) there otherwise occurs an Event of Default as specified in subparagraphs "(a)" and "
Default of Tenant. If Tenant fails to pay any rent or other charge due under this lease within fifteen (15) days of written notice of default being received by Tenant, or if Tenant fails to perform any other term, condition, or covenant of this Lease for more than thirty (30) days after written notice of such failure is received by Tenant, unless the cure of such failure requires more than thirty (30) days and Tenant is diligently pursuing such cure, Landlord has the right to pursue any right or remedy to which Landlord is entitled, under the laws of the State of Montana.
Default of Tenant. 32 8.2 Remedies.......................................................................33 8.3
Default of Tenant. Notice of acceptance of this Guaranty and of defaults, breaches, demands, presentments, protest, and amendment to or modification or cancellation of the Leases, and of any other kind is fully waived by Guarantor. Upon default by Tenant on any of its obligations to Landlord, then at Landlord's option, without notice or demand upon Guarantor and without exercising any other right or remedy Landlord may have, Landlord may proceed directly against Guarantor or any other guarantor to enforce Landlord's rights hereunder. Without releasing or affecting Guarantor's obligations hereunder, Landlord may enforce any rights it may have against any persons and properties liable.
