Common use of Default of Tenant Clause in Contracts

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 3 contracts

Samples: EPIX Pharmaceuticals, Inc., EPIX Pharmaceuticals, Inc., Predix Pharmaceuticals Holdings Inc

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Default of Tenant. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (a) (I) If Tenant shall default in its obligations Tenant's failure to pay the Annual Fixed Rent any rent or Additional Rent or any other charges or amounts required to be paid by Tenant under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any Lease, except as otherwise provided herein, where such default shall continue failure continues for ten five (105) business days after notice from Landlord designating Landlord; (b) Tenant's abandonment of the demised Premises; (c) Tenant's failure to promptly and fully perform any other covenant, condition or agreement contained in this Lease where such default, or (II) if as promptly as possible but in any event within thirty (30) failure continues for 30 days after written notice from Landlord to Tenant specifying any of such default or defaults other than those set forth in clause (I) Tenant has not cured provided that if the nature of the default or defaults so specified (or if is such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) that more than 30 days Tenant has commenced and is diligently pursuing the remedies necessary are reasonably required to cure such breach default, Tenant shall not be deemed to be in default if within such 30 day period it commences to cure and diligently prosecutes such cure to completion; (d) the levy of a writ of attachment or default)execution on this Lease or on any of Tenant's property located in the Premises; or (be) if any assignment shall be made the making by Tenant of a general assignment for the benefit of its creditors or of an arrangement, composition, extension or adjustment with its creditors; , the filing by or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if against Tenant of a lien petition for relief or other involuntary encumbrance shall be filed against Tenant's leasehold interest proceeding under the federal bankruptcy laws or Tenant's state or other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidationinsolvency laws, or for reorganization the assumption by any court or an arrangement under administrative agency, or by a receiver, trustee or custodian appointed by either, of jurisdiction, custody or control of the Premises or of Tenant or any provision substantial part of any bankruptcy law its assets or code as then in force and effectproperty; or (f) if an involuntary petition the interest of Tenant under this Lease is held by a partnership or by more than one person or entity, the occurrence of any act or event described in part (e) above in respect of any partner of the provisions partnership or any person or entity holding an interest in Tenant of any bankruptcy law 25% or code shall more. In the event a nonmonetary default occurs which cannot reasonably be filed against cured within the time period specified above and Tenant and such involuntary petition commences corrective action within said time period, Tenant shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed subject to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges penalty under this Lease shall expire so long as Tenant prosecutes such corrective action diligently and terminate but Tenant shall remain liable as hereinafter providedcontinuously to completion.

Appears in 3 contracts

Samples: Laboratory Lease (Dynavax Technologies Corp), Laboratory Lease (Dynavax Technologies Corp), Lease Agreement (Dynavax Technologies Corp)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay Provided and it is hereby expressly agreed that if and whenever the Annual Fixed Rent or Additional Rent hereby reserved or any other charges part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or amounts under 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 or performed, or in case the Leased 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 Leased 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 when due or contained to the contrary notwithstanding other than the proviso to this 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 complying with its obligations under Subsection 6.1.11 the payment of the rent reserved by this Lease Lease, unless and if until the Landlord shall have given to the Tenant written notice setting forth the default complained of and the Tenant shall have the right during five (5) business days next following the date on such notice to cure any such default shall continue for ten (10) days after notice from Landlord designating such defaultin payment of rent. In case without the written consent of the Landlord, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment Leased Premises shall be made used by any other person than the Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization any other purpose than that for which the same were let or an arrangement under any provision of any bankruptcy law in case the Term or code as then in force and effect; or (f) if an involuntary petition under any of the provisions goods and chattels of any bankruptcy law or code the Tenant shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to seized in execution or attachment by any creditor of the Tenant terminating or if the Tenant makes any bulk sale, then in any such case this Lease lease shall, at the option of the Landlord, cease and determine and the term hereofTerm shall immediately become forfeited and void in accordance with the provisions of Section 15, which notice shall specify the date of terminationRIGHT OF TERMINATION, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedherein.

Appears in 3 contracts

Samples: Indenture (Newbridge Networks Corp), Indenture (Newbridge Networks Corp), Indenture (Newbridge Networks Corp)

Default of Tenant. a. In the event of any (ai) (I) If failure of Tenant shall default in its obligations to pay any rental due hereunder on the Annual Fixed Rent date the same shall be due, or Additional Rent or (ii) any failure to perform any other charges of the terms, conditions or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 covenants of this Lease and if any such default shall continue to be observed or performed by Tenant for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within more than thirty (30) days after written notice from Landlord of such failure shall have been given to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or Tenant, provided if such breach or default failure cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) day period, such period shall be extended so long as may be necessary if Tenant commence cure within said thirty (30) days Tenant has commenced period and is continues to diligently pursuing the remedies necessary to pursue cure such breach or default); thereafter, or (biii) if Tenant or an agent of Tenant shall falsify any assignment shall report required to be made by Tenant for furnished to Landlord pursuant to the benefit terms of creditors; this Lease, or (civ) if Tenant's leasehold interest Tenant or any guarantor of this Lease shall be taken on execution; become bankrupt or (d) if a lien insolvent, or other involuntary encumbrance file any debtor proceedings or any person shall be filed take or have against Tenant's leasehold interest Tenant or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (any guarantor of this Lease in any court pursuant to any statute either of the United States or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if of any state a petition shall be filed by Tenant for liquidation, of bankruptcy or insolvency or for reorganization or an arrangement under any provision for the appointment of any bankruptcy law a receiver or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge trustee of all or substantially all of the assets a portion of Tenant; ’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing, or (hv) if Tenant dissolves or shall be dissolved any such guarantor makes an assignment for the benefit or shall liquidate or shall adopt any plan or commence any proceedingcreditors, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (jvi) if Tenant shall fail suffer this Lease to pay be taken under any installment writ of Annual Fixed Rent or Additional Rent when dueexecution, then in any such event Tenant shall cure such be in default within hereunder (each of the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration foregoing is an “Event of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, thenDefault”), and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord mayLandlord, in addition to other rights or remedies it may have, shall have the immediate right of re-entry and not may remove all persons and property from the Premises and such property may be removed and stored in derogation a public warehouse or elsewhere at the cost of, and for the account of any remedies Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any preceding breach of covenant, immediately loss or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, damage which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedmay be occasioned thereby.

Appears in 2 contracts

Samples: Commercial Lease (Entellus Medical Inc), Commercial Lease (Entellus Medical Inc)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay Provided and it is hereby expressly agreed that if and whenever the Annual Fixed Rent or Additional Rent hereby reserved or any other charges part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or amounts under 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 or performed, or in case the Leased 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 Leased 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 when due or contained to the contrary notwithstanding other than the proviso to this 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 complying with its obligations under Subsection 6.1.11 the payment of the rent reserved by this Lease, unless and until the Landlord shall have given to the Portions of this Lease Exhibit were omitted and if have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of the Securities Act. Tenant written notice setting forth the default complained of and the Tenant shall have the right during five (5) business days next following the date on such notice to cure any such default shall continue for ten (10) days after notice from Landlord designating such defaultin payment of rent. In case without the written consent of the Landlord, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment Leased Premises shall be made used by any other person than the Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization any other purpose than that for which the same were let or an arrangement under any provision of any bankruptcy law in case the Term or code as then in force and effect; or (f) if an involuntary petition under any of the provisions goods and chattels of any bankruptcy law or code the Tenant shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to seized in execution or attachment by any creditor of the Tenant terminating or if the Tenant makes any bulk sale, then in any such case this Lease lease shall, at the option of the Landlord, cease and determine and the term hereofTerm shall immediately become forfeited and void in accordance with the provisions of Section 15, which notice shall specify the date of terminationRIGHT OF TERMINATION, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedherein.

Appears in 2 contracts

Samples: Indemnity Agreement (Coley Pharmaceutical Group, Inc.), Indemnity Agreement (Coley Pharmaceutical Group, Inc.)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten five (105) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)specified; or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; Tenant or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter (x) give notice to Tenant terminating this Lease and and/or the term hereof, which notice shall specify the date of such termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate or (y) without terminating this Lease terminate Tenant’s right of possession and/or occupancy and reenter and take possession of the Premises or any part thereof, without notice and expel Tenant and any party claiming under Tenant and remove any of their effects, without being liable on account thereof, whether in trespass or breach or covenant or otherwise, (and no such reentry or taking possession shall be construed as an election by Landlord to terminate this Lease unless Landlord shall affirm such election by notice expressly to such effect), but in either case Tenant shall remain liable as hereinafter provided.

Appears in 2 contracts

Samples: Lease (RMR Group Inc.), Lease (Reit Management & Research Inc.)

Default of Tenant. Each of the following shall constitute an event of default under this Lease: (a) (I) If Tenant shall default in its obligations Tenant’s failure to pay make any payment of the Annual Fixed Rent or Additional Rent Base Rent, additional rent or any other charges sum within five (5) business days of such payment’s due date; (b) Tenant’s failure to take possession of the Demised Premises within THIRTY (30) calendar days after delivery thereof to Tenant; (c) Tenant’s violation or amounts under this Lease when due failure to perform or shall default in complying with its obligations under Subsection 6.1.11 observe any other covenant or condition of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) calendar days thereafter (after notice thereof from Landlord; or if such lien violation or failure is remediable but is of such a nature that it cannot be discharged within said time, then remedied within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days calendar day period, then for such longer period as may reasonably be required up to a maximum of ninety (90) days, provided that Tenant has commenced promptly commences and is diligently pursuing pursues such remedy to completion; (d) Tenant’s abandonment or vacation of the remedies necessary to discharge such lien)Demised Premises; or (e) if the insolvency or bankruptcy of Tenant, any general partner of Tenant (a petition shall be filed by Tenant for liquidation, “General Partner”) or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effectguarantor; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include ’s dissolution or liquidation; or (i) if any order . If there shall be entered an event of default, including an event of default prior to the Lease 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 reenter the Demised Premises, terminate Tenant’s right of possession and take possession of the Demised Premises. The provisions of this Article shall operate as a notice to quit, any other notice to quit or of Landlord’s intention to reenter the Demised Premises being hereby expressly waived. If necessary, Landlord may proceed to recover possession of the Demised Premises under and by virtue of the laws of the Commonwealth of Virginia, or by such other proceedings, including reentry 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 any proceeding 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 hereunder through the Lease Expiration Date as defined in Article III. No such re-entry or against Tenant decreeing or permitting taking possession of the dissolution Demised Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to Tenant or unless the winding up termination thereof shall result as a matter of its affairs; law or (j) if Tenant shall fail to pay any installment be decreed by a court of Annual Fixed Rent competent jurisdiction. Whether or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration not this Lease and/or Tenant’s right of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant")possession is terminated, Landlord may, but shall not be obligated to, relet the Demised Premises or any part thereof, alone or together with other premises, for such rent and upon such terms and conditions (which may include concessions, free rent and alterations of the Demised Premises) as Landlord, in addition its sole discretion, may determine, but Landlord shall not be liable for, nor shall Tenant’s obligations be diminished by reason of, Landlord’s failure to and relet the Demised Premises or collect any rent due upon such reletting. Whether or not in derogation of any remedies this Lease is terminated, Tenant nevertheless shall remain liable for any preceding breach Base Rent, additional rent or damages which may be due or sustained by reason of covenantsuch default, immediately or and costs, fees and expenses (including without limitation reasonable attorneys’ fees, brokerage fees, expenses incurred in placing the Demised Premises in rentable condition and tenant finish necessitated to obtain the new tenant) incurred by Landlord in pursuit of its remedies and in renting the Demised Premises to others from time to time. Notwithstanding any such reletting without termination, Landlord may at any time thereafter give notice elect to Tenant terminating terminate this Lease and the term hereoffor such previous breach. Tenant shall also be liable to Landlord for additional damages, which notice shall specify the date of terminationbe, whereupon on the date so specifiedat Landlord’s option, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.either (a) or (b) below:

Appears in 2 contracts

Samples: Lease (Global Defense Technology & Systems, Inc.), Lease (Global Defense Technology & Systems, Inc.)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection Sections 4.4 and 6.1.11 of this Lease and if any such default described in this subclause (I) shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or provided that if Tenant is proceeding in good faith and with due diligence to complete the cure of any such non-monetary performance breach or default which is curable but cannot reasonably be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said , such thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary day period shall be extended for up to cure such breach or defaultan additional ninety (90) days); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once twice to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 2 contracts

Samples: Lease (Leap Therapeutics, Inc.), Leap Therapeutics, Inc.

Default of Tenant. (a) (I) If 17 a. In the event of any failure of Tenant shall default in its obligations to pay the Annual Fixed Rent or any Base Rent, Additional Rent or other amounts due hereunder within five (5) days after the same shall be due, or any failure to perform any other charges of the terms, conditions or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 covenants of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such defaultto be observed or performed by Tenant with all reasonable diligence, or (II) if as promptly as possible but in any event within for more than thirty (30) days after written notice from Landlord of such failure shall have been given to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (Tenant, or if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings, or any person shall file against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such breach guarantor’s property, or if Tenant or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into any similar arrangement, or if any guarantor of this Lease shall be in default cannot be cured within said timein the performance of any covenant, then within duty or obligation under any guaranty or other agreement entered into with or in favor of Landlord and such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said default shall remain uncured for a period of thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure or more after notice of such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail abandon or vacate the Demised Premises or suffer this Lease to pay be taken under any installment writ of Annual Fixed Rent execution (any one or Additional Rent when duemore of the foregoing shall constitute an “Event of Default”), then in any such event Tenant shall cure such be in default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, thenhereunder, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord mayLandlord, in addition to any other rights and not remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in derogation a public warehouse or elsewhere at the sole cost of, and for the account of any remedies Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any preceding breach of covenant, immediately loss or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, damage which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedmay be occasioned thereby.

Appears in 2 contracts

Samples: Lease (Wireless Ronin Technologies Inc), Lease (Wireless Ronin Technologies Inc)

Default of Tenant. It is mutually agreed that in the event: (a) (I) If the rent herein reserved is not paid at the time and place when and where due and Tenant shall default in its obligations fails to pay the Annual Fixed Rent said rent within five (5) days after written demand from Landlord; or Additional Rent (b) Tenant will fail to comply with any material term, provision, condition, or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 covenant of this Lease Lease, other than the payment of rent, and if any will not cure such default shall continue for ten failure within thirty (1030) days after notice from Landlord designating to Tenant of such failure to comply or such additional time period as may reasonably be necessary to effect a cure of the default provided that Tenant commences and diligently pursues a cure of the default, ; or (IIc) if as promptly as possible but in Tenant causes any event lien to be placed against the Premises and does not cure the same within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said timedemanding cure, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and THEN in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant")events, Landlord maywill have the option to do any of the following, in addition to to, and not in derogation limitation of any remedies other remedy permitted by law or by this Lease: (i) Landlord may terminate this Lease, in which event Tenant will immediately surrender the Premises to Landlord. Tenant agrees to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such termination, whether through inability to relet the Premises, or through decrease in rent, or otherwise; or (ii) Landlord, as Tenant's agent, without terminating this Lease, may terminate Tenant's right of possession, and, at Landlord's option, enter upon and rent the Premises at the best price obtainable by reasonable effort, without advertisement and by private negotiations and for any preceding breach of covenantterm Landlord deems proper. Tenant will be liable to Landlord for the deficiency, immediately or at any time thereafter give notice to Tenant terminating this Lease if any, between Tenant's rent hereunder and the term hereofprice obtained by Landlord on reletting. Pursuit of any of the foregoing remedies will not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law. In any case, which Landlord will use best efforts to mitigate Tenant's damages. Any notice shall specify the date of termination, whereupon on the date so specified, the term in this provision may be given by Landlord or its attorney. No termination of this Lease and all prior to the normal ending thereof, by lapse of Tenanttime otherwise, will affect Landlord's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedright to collect rent for the period prior to the termination thereof.

Appears in 2 contracts

Samples: Lease Agreement (Hughes Supply Inc), Lease Agreement (Hughes Supply Inc)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)specified; or (b) if any assignment shall be made by Tenant or any guarantor of Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a involuntary lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, or against the property of any guarantor of Tenant, and shall not be discharged or a bond obtained in lieu of discharge within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant or any guarantor of Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant or any guarantor of Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant or any guarantor of Tenant; or (h) if Tenant or any guarantor of Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant or any guarantor of Tenant decreeing or permitting the dissolution of Tenant or any guarantor of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once twice to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of TenantDEFAULT OF TENANT"), Landlord and the agents and servants of Landlord lawfully may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give mail a notice of termination addressed to Tenant, and repossess the same as of Landlord's former estate and expel Tenant terminating this Lease and the term hereofthose claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, which notice shall specify the date of termination, whereupon on the date so specified, and upon such entry or mailing as aforesaid the term of this Lease shall terminate, and all Landlord may store Tenant's effects, and those of any person claiming through or under Tenant, at the expense and risk of Tenant's rights , and, if Landlord so elects, may sell or otherwise dispose of such effects at public auction or private sale or otherwise and privileges under this Lease shall expire apply the net proceeds (if any) to the payment of all sums due to Landlord from Tenant, if any, and terminate but Tenant shall remain liable as hereinafter providedpay over the balance, if any, to Tenant.

Appears in 1 contract

Samples: Perficient Inc

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten (10) days after written notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)specified; or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term Term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term Term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Performance Technologies Inc \De\

Default of Tenant. If any one or more of the following occurs: (a1) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent a rent payment or any other charges payment due from Tenant to Landlord shall be and remain unpaid in whole or amounts under this Lease when in part for more than fifteen (15) days after same is due and payable; (2) Tenant shall violate or shall default on any of the other covenants, agreements, stipulations or conditions herein or in complying with its obligations under Subsection 6.1.11 of this Lease any other agreement between Landlord and if any Tenant relating to the Premises and such default violation or defaults shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within a period of thirty (30) days after written notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if of such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach violation or default); (3) if Tenant or any guarantor of this Lease Agreement shall commence or have commenced against Tenant or any guarantor proceedings under a bankruptcy, receivership, insolvency or similar types of action; or (b4) if Landlord may, without process, re-enter immediately into the Leased Premises and remove all persons and property therefrom and at its option, cancel this Lease as to all future rights of Tenant, and regain, repossess, and enjoy the Premises, and Tenant hereby expressly waives the right of any assignment notice in writing of intention to re-entry and also the right of restoration to possession of the Leased Premises after re-entry or after judgment for possession thereof, Tenant shall be made responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, relenting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the benefit payment of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien late charge in the amount of 10% of rental installment or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including sum due Landlord hereunder if said leasehold interest, and shall payment has not be discharged been received within ten (10) days thereafter from the date said payment becomes due and payable, or cleared by Landlord's bank within six (6) business days after deposit. Each night or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition remedy of Landlord provided for in this Lease Agreement shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force cumulative and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not every other right or remedy provided for in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedAgreement now or hereafter existing at law or in equity or by statute or otherwise.

Appears in 1 contract

Samples: Lien and Agreement (Editek Inc)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay at any time the Annual Fixed Rent or Additional Rent rental or any other charges money payments here under, or amounts under this Lease when due or any part thereof, shall default in complying with its obligations under Subsection 6.1.11 remain unpaid for a period of this Lease and if any such default shall continue for ten (10) days after the same becomes due, Landlord shall give written notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any of such default or defaults other than those set forth and intent to terminate the Lease in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter and shall allow Tenant to cure such default by making the rental or any money payments due together with a late charge of $500.00 dollars per each month's (or portion of a month) delinquency, plus the money due and any attorneys' fees detailed in Section 18. If the default is not corrected after this period, Landlord has all remedies available at law including the lockout provisions of ARS ss.33-361. If at any time Tenant is otherwise in breach of the Lease, Landlord shall give notice of such default to Tenant. If Tenant shall fail to pay the rental or any money payment plus the late charge, or fail to fulfill or perform any of the other agreements and provisions hereof obligatory upon Tenant, and if such lien cannot be discharged within said timenonpayment, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said nonfulfillment or nonperformance shall continue for a period of ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when dueafter written notice thereof, Tenant shall cure be considered in default hereunder, and upon such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) it shall be lawful and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once optional for Landlord to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, declare a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term termination of this Lease and to reenter upon said premises and to again repossess and enjoy the same and all improvements thereon, and thereupon this Lease shall terminate; and in addition thereto, upon such default Landlord shall be entitled to whatever remedies Landlord may have at law for the collection of any unpaid rental hereunder or for damages hereunder or for damages that Landlord may have sustained on account of Tenant's rights nonfulfillment or nonperformance of the agreements and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedprovisions hereof or for any other sums that may be due according to the terms hereof.

Appears in 1 contract

Samples: Titan Motorcycle Co of America Inc

Default of Tenant. In the event Tenant shall (a) (I) If Tenant shall default in its obligations fail to pay the Annual Fixed Rent make any rental or Additional Rent or any other charges or amounts under this Lease when payment due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for hereunder within ten (10) days after notice from Landlord designating such defaultthe same shall become due, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)event; or (b) if a petition in bankruptcy (including Chapter X and Chapter XI bankruptcy proceedings or any assignment shall other reorganization proceedings under the Bankruptcy Act) be made filed by Tenant for the benefit of creditors; Tenant, or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against the Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall such petition is not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafterfrom the filing thereof, or in the event Tenant is adjudged a bankrupt; or, (c) an assignment for the benefit of creditors is made by Tenant; or, (d) of an appointment by any court of a receiver or other court officer of Tenant's property and such receivership is not dismissed within thirty (30) days from such appointment; or (e) Tenant removes, attempts to remove, or permits to be removed from the leased premises, except in the usual course of trade, the goods, furniture, effects or other property of the Tenant brought thereon; or, (f) Tenant before the expiration of the term hereof and without the written consent of the Landlord, vacates the leased premises or abandons the possession thereof, or uses the same for purposes other than the purpose for which the same are leased, or ceases to use the leased premises for the purposes herein expressed; or, (g) if a custodian an execution or similar agent shall be authorized other legal process is levied upon the goods, furniture, effects or appointed other property of Tenant brought on the leased premises, or upon the interest of Tenant in this lease, and the same is not satisfied or dismissed within ten (10) days from such levy or process; or, the breach or fail to take charge of all or substantially all perform any of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceedingagreements herein other than the agreement to pay rent, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant and shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default breach within the grace period provided in clause ten (a10) (I) above (or with days after written notice from Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and then Landlord in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and event shall have the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable options as hereinafter provided.follows:

Appears in 1 contract

Samples: Seagrape Square Lease Agreement (Admiralty Bancorp Inc)

Default of Tenant. (a) (I) If a. In the event of any failure of Tenant shall default in its obligations to pay the Annual Fixed Rent or any Base Rent, Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for hereunder within ten (10) days after notice from Landlord designating such defaultthe same shall be due, or (II) if as promptly as possible any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant with all reasonable diligence, but in any event within for more than thirty (30) days after written notice from Landlord of such failure shall have been given to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or provided that, if such breach or default cannot be with due diligence by wholly cured within said time, then within such additional time (not to exceed an additional thirty (30) days, Tenant shall have such longer period, up to ninety (90) days, as may be reasonably necessary to cure the default, so long as Tenant proceeds promptly to commence the cure of same within such thirty (30) day period and diligently prosecutes the cure to completion, or if within said Tenant or an agent of Tenant shall intentionally falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings, or any person shall file against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's or any such guarantor's property, or if Tenant or any such guarantor makes an assignment for the benefit of creditors, or petitions for or enters into any similar arrangement, and such bankruptcy, insolvency, receivership or other proceeding is not dismissed in ninety (90) days or if any guarantor of this Lease shall be in default in the performance of any covenant, duty or obligation under any guaranty or other agreement entered into with or in favor of Landlord and such default shall remain uncured for a period of thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure or more after notice of such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail abandon the Demised Premises (provided Tenant may vacate the Demised Premises provided it continues to pay perform its obligations hereunder) or suffer this Lease to be taken under any installment writ of Annual Fixed Rent execution (any one or Additional Rent when due, Tenant more of the foregoing shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration constitute an "Event of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of TenantDefault"), Landlord maythen in any such event Tenant shall be in default hereunder, and Landlord, in addition to any other rights and not remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in derogation a public warehouse or elsewhere at the sole cost of, and for the account of any remedies Tenant, all in accordance with applicable legal process and without being guilty of trespass, or becoming liable for any preceding breach of covenant, immediately loss or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, damage which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedmay be occasioned thereby.

Appears in 1 contract

Samples: Lease (Mgi Pharma Inc)

Default of Tenant. (a) (Ii) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease within five (5) days of the date when due or shall default in complying with its obligations under Subsection 6.1.11 6.1.10 of this Lease and if any such default shall continue for ten five (105) days after notice pursuant to Section 10.1 thereof from Landlord designating such defaultLandlord, or (IIii) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (Ii) Tenant has not cured the default or defaults so specified (specified; or if such breach or default is of such a nature that it cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) using best efforts, if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or does not commence any proceeding, the result curing of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within such thirty-day period and thereafter diligently and continuously prosecute such cure to completion within such additional time as may be necessary, but in no event to exceed sixty (60) days from the grace period provided in clause date of Landlord’s notice to Tenant specifying the default, or (aiii) (I) above (or with Landlord's approval after the expiration if there shall be a default of such grace period) Tenant’s obligations under any lease between Landlord and Tenant shallfor any space in the Building, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, which default continues beyond applicable notice and cure periods then, and in any of such cases indicated in clauses (ai), (ii) through and (jiii) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: AxoGen, Inc.

Default of Tenant. (a) (I) If 17. a. In the event of any failure of Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when rental due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for hereunder within ten (10) days after written notice from Landlord designating such defaultto Tenant; or any failure to perform any other term, condition or (II) if as promptly as possible but in any event within covenant of this Lease to be observed or performed by Tenant for more than thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said additional time, then within in no event more than 60 additional days unless paragraph 17A.d applies, as is reasonably required to correct such additional time (not failure) after written notice of such failure shall have been given to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)Tenant; or (b) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease; or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings, or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant's or any such guarantor's property, or if Tenant or any such guarantor makes an assignment shall be made by Tenant for the benefit of creditors, or petitions for or enters into an arrangement; or if Tenant shall abandon the Demised Premises (cother than as permitted under paragraph 31) if Tenant's leasehold interest or suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be taken on execution; or (d) if a lien or in default hereunder, and Landlord, in addition to other involuntary encumbrance shall rights and remedies it may have, may declare all rents reserved under this Lease for the then unexpired balance of the term to be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interestimmediately due and payable, and shall not have (as and when allowed pursuant to judicial process) the immediate right of re-entry and may remove all persons and property from the Demised Premises, and such property may be discharged within ten removed and stored in a public warehouse or elsewhere at the cost and for the account of Tenant, all without service of notice or resort to legal process (10except as required by law or this Lease) days thereafter (and without Landlord's being guilty of trespass or if such lien cannot becoming liable for any loss or damage which may be discharged within said occasioned thereby. b. Should Landlord elect to re-enter the Demised Premises as herein provided, or should it take possession of the Demised Premises pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may either terminate this Lease or may from time to time, then within without terminating this Lease, make such additional time (not to exceed an additional thirty (30) days) alterations and repairs as may be necessary if within said ten in order to relet the Demised Premises, and may relet the Demised Premises or any part thereof for such term or terms (10which may be for a term extending beyond the Lease Term) days and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such reletting, all rentals received by Landlord from such reletting shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant has commenced to Landlord; second, to the payment of Landlord's reasonable costs and is diligently pursuing the remedies expenses of such reletting, including brokerage fees, attorney's fees, and costs of alterations and repairs necessary to discharge such lien)prepare the space for a new tenant; or (e) third, to the payment of rent due and unpaid hereunder; and the residue, if a petition any, shall be filed held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than the rentals to be paid during that month by Tenant hereunder, then Tenant shall pay any such deficiency to Landlord on demand. No such re-entry or taking possession of the Demised Premises by Landlord, nor any other act or omission to act by Landlord, shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of Landlord's intention to terminate be given to Tenant, or unless the termination hereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may at any time after such re-entry and reletting elect to terminate this Lease for liquidationTenant's said previous breach. Should Landlord at any time terminate this Lease by reason of any breach by Tenant, then in addition to any other remedies it may have, Landlord may recover from Tenant all damages it may incur by reason of such breach, including the cost of recovering possession of the Demised Premises, reasonable attorney's fees, and the excess, if any, of (i) the amount of Base Rent and Additional Rent reserved in this Lease for the remainder of its stated term, over (ii) the then reasonable rental value of the Demised Premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Tenant to Landlord. c. Landlord may, at its option, after providing Tenant notice and the requisite cure period as specified in this Lease, instead of exercising any other rights or remedies available to it in this Lease or otherwise available by law, by statute or in equity, spend such money as is reasonably necessary to cure any default of Tenant hereunder; and the amount so spent by Landlord, and costs incurred in curing such default, including reasonable attorney's fees, shall be paid by Tenant as Additional Rent to Landlord upon demand. d. In the event suit shall be brought for recovery of possession of the Demised Premises, for the recovery of rent or any other amount due under the provisions of this Lease, or for reorganization relief because of the breach of any other covenant herein contained on the part of Tenant to be kept or an arrangement performed, and in the event such breach by Tenant shall be established in such action, then Tenant shall pay to Landlord all expenses therein incurred, including reasonable attorney's fees, together with interest on all such rents, other amounts and expenses at the rate of one and one-half percent (1.5%) per month from the date of such breach of the covenants of this Lease. e. Tenant hereby expressly waives any and all rights of redemption (except to the extent, if any, that such rights are nonwaivable under applicable law) granted by or under any provision present or future laws in the event of Tenant being evicted or dispossessed for any bankruptcy law cause, or code as then in force and effect; or (f) if an involuntary petition under the event of Landlord obtaining possession of the Demised Premises, by reason of the violation by Tenant of any of the provisions of any bankruptcy law covenants or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term conditions of this Lease or otherwise. Tenant also waives any demand for possession of the Demised Premises, and any demand for payment of rent and any notice of intent to re-enter the Demised Premises, or of intent to terminate this Lease, other than the notices provided for in this Lease, and waives any and every other notice or demand prescribed by any applicable statutes or laws, except to the extent (if any) that any such statutes or laws provide that any notice or demand is nonwaivable. f. No remedy herein or elsewhere in this Lease, or otherwise by law, statute or equity conferred upon or reserved to Landlord or Tenant, shall be exclusive of any other remedy, but all of Tenant's rights such remedies shall be cumulative, and privileges under this Lease shall expire may be exercised from time to time and terminate but Tenant shall remain liable as hereinafter providedoften as the occasion may arise.

Appears in 1 contract

Samples: Possis Medical Inc

Default of Tenant. (a) If the rent or any part thereof shall be unpaid for fifteen days after the same becoming payable (Iwhether formally demanded or not) If or if the Tenant shall default in its obligations fail or neglect to pay the Annual Fixed Rent perform or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under observe any of the provisions of any bankruptcy law terms and conditions herein contained and on its part to be performed or code observed or if the Tenant shall be filed against become bankrupt or if the Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian limited company) shall go into liquidation (whether compulsory or similar agent shall be authorized or appointed to take charge voluntary except for the purpose of all or substantially all amalgamation of the assets of Tenant; or (ha solvent company) if Tenant dissolves or shall be dissolved enter into any composition of arrangement with its creditors or shall liquidate suffer its goods or shall adopt any plan or commence any proceeding, the result of which is intended chattels to include dissolution or liquidation; or (i) if any order shall be entered levied in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, execution then and in any of such the said cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), it shall be lawful for the Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give (with or without notice to Tenant terminating the Tenant) to re-enter upon the said premises or any part thereof in the name of the whole and thereupon this Lease Agreement shall absolutely determine and the term hereofsaid deposit so paid as aforesaid shall be absolutely forfeited to the Landlord (as liquidated damages and not as penalty) but without prejudice to any right of action of the Landlord against the Tenant in respect of any breach of the Tenant’s terms and conditions herein contained. All costs and expenses incurred by the Landlord in demanding the rent and other moneys and in recovering vacant possession of the said premises from the Tenant, which including legal costs and expenses of the Landlord of all proceedings between the Landlord and the Tenant in respect of the enforcement of the terms and provisions of this Tenancy Agreement or otherwise, shall be paid or repaid by the Tenant to the Landlord on a solicitors-and-own-client basis and shall be recoverable from it as a debt together with interest thereon as hereinafter provided. A written notice served by the Landlord on the Tenant or left at the said premises to the effect that the Landlord thereby exercises the power of re-entry herein contained shall specify be a full and sufficient exercise of such power notwithstanding any statutory or common law provisions to the contrary. Further, the Tenant shall pay to the Landlord interest at the rate of 2% over and above the Prime rate per annum quoted by The Hongkong and Shanghai Banking Corporation Limited from time to time (subject to fluctuation) on any sum due and payable by the Tenant to the Landlord under this Agreement from the due date to the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedfull payment.

Appears in 1 contract

Samples: Tenancy Agreement (Memec Inc)

Default of Tenant. (a) (I) If This Agreement may be terminated at any time by HRM on criteria for default of Tenant. The Landlord shall have the right at any time to remedy or attempt to remedy any default of the Tenant shall default hereunder, and in its obligations so doing to pay make any payments due or alleged to be due by the Annual Fixed Rent Tenant to a third party and may enter upon the leased premises to do any work or Additional Rent or any other charges or amounts repairs for which the Tenant is responsible under this Facility Lease when due Agreement and in such event all expenses of the Landlord in remedying or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any attempting to remedy such default shall continue be recoverable by the Landlord from the Tenant. Payment in full or through payment plan will be arranged with HRM. Interest will be factored into the outstanding debt based on determination of HRM. The Landlord may decide to terminate and re-enter upon the leased premises for ten (10) days after notice from Landlord designating such defaultreasons which include but are not limited to the following: •the Tenant is incapable of day to day program or facility operation •facility needs to be protected against vandalism, theft, pipes freezing, activity contrary to public safety •the Tenant became in danger of bankruptcy or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord foreclosure actions •facility being used contrary to the terms of the Agreement to the deterrent of HRM •facility use and programming creates hardship to the immediate residents •the Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot successfully obtain legal Registered Non Profit Society Status (may also include Federal Charitable Status) •the Tenant does not maintain current General Liability Insurance •any unauthorized assignment of subletting of this lease by the Tenant •unauthorized facility change that effects the Landlords building insurance •the Tenant shall not observe, perform and keep all and every one of the covenants, agreements, provisions, stipulations and conditions herein contained to be cured within said timeobserved, then within such additional time (not performed and kept by the Tenant •if the leased premises shall become vacant * Note - Upon termination of this Facility Lease Agreement the owner will take responsibility and control of the facility. In the event of a claim for debt, damages or indemnity by the Landlord against the Tenant, the Landlord shall have the right to exceed an additional thirty (30) days) as may seize and take possession of any equipment, furniture or other property of any nature whatsoever situated on the leased premises and to sell the same at public or private sale without notice and to apply the proceeds thereof upon the account of Tenant. The Tenant shall continue to be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing liable to the remedies necessary to cure such breach or default); or (b) Landlord for the deficiency if any assignment shall be made by and the Tenant for hereby waives and renounces the benefit of creditors; any present or (c) if future Act in force in Canada or in the Province of Nova Scotia which takes away or limits the Landlord's rights, and that the Landlord may seize and sell the Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, goods and shall not be discharged within ten (10) days thereafter (or chattels as fully as the Landlord might have done if such lien canAct had not be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); been enacted or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedpassed.

Appears in 1 contract

Samples: Agreement

Default of Tenant. The occurrence of any of the following shall constitute a default of this Lease by Tenant (collectively and individually, a “Default of Tenant”): (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due and if any such default shall continue for three (3) days after notice from Landlord designating such default or shall default in complying with its obligations under Subsection Sections 4.4 or 6.1.11 of this Lease and if any such default shall continue for ten five (105) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (specified, or if such breach or default is of such a nature that it cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days using best efforts, if Tenant has commenced does not commence the curing of such default within such thirty-day period and is thereafter diligently pursuing and continuously prosecute such cure to completion within such additional time as may be necessary, but in no event to exceed forty-five (45) days from the remedies necessary date of Landlord’s notice to cure such breach or Tenant specifying the default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, and shall not be discharged within ten sixty (1060) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due. The notice periods provided herein are in lieu of, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of addition to, any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedperiods provided by law.

Appears in 1 contract

Samples: Prometheus Biosciences, Inc.

Default of Tenant. If tenant shall (ai) (I) If Tenant shall default in its obligations fail to pay the Annual Fixed Rent any monthly installment of rent (as required by Article 3 hereof) or Additional Rent or shall fail to timely make any other charges payment required by the terms and provisions hereof (although no legal or amounts under this Lease when due formal demand has been therefore) , or shall default in complying with its obligations under Subsection 6.1.11 (ii) violate or fail to perform any of this Lease the other terms, conditions, covenants or agreements herein made by tenant, or (iii) abandon or vacate the premises, and if any such default failure to pay rent, such other violation or failure or such abandonment shall continue for ten a period of time of five (105) days after written notice from Landlord designating such defaultthereof to Tenant by landlord, or (IIiv) if as promptly as possible but in any event within thirty (30) days after notice from Landlord make or consent to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors or a common law composition of creditors; , or (c) if receiver of Tenant's leasehold interest shall be taken on execution; assets is appointed or (d) if tenant files a lien voluntary petition in any bankruptcy or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidationinsolvency proceeding, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be proceeding is filed against Tenant and such involuntary petition shall not be dismissed discharged by the Tenant within thirty sixty (3060) days thereafter; days, or (g) if Tenant is adjudicated a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when duebankrupt, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively said events, this lease shall, at the option of the landlord, cease and individually, terminate and the provisions of this Article "15" shall automatically operate as a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating quit--any notice to quit, or of Landlords intention to re-enter, required by law or otherwise being hereby expressly waived--and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of the State of Maryland or by such other proceedings, including re-entry and possession, as may be applicable. If landlord elects to terminate this lease, everything contained in this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specifiedpart of the Landlord to be done and performed shall cease without prejudice, however, to the right of the Landlord to recover from tenant all rent and any other sums accrued up to the time of termination or recovery of possession by the landlord, whichever is later. Should this Lease be terminated before the expiration of the term of this Lease and all by reason of Tenant's rights and privileges under default as hereinabove provided, or if tenant shall abandon or vacate the premises before the expiration date of the term of this Lease the premises may be relet by landlord for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental hereinabove provided (and any other costs, expenses, or damages indicated below) shall expire and terminate but not be realized Landlord, Tenant shall remain be liable for all damages sustained by landlord including, without limitation, deficiency in rent, reasonable attorney's fees, real estate brokers' or agents fees and commissions, and expenses of placing the premises in first class rentable condition. Any damage or loss of rent sustained by Landlord may be recovered by Landlord, at Landlords' option, at the time of the relettings, or in separate actions, from time to time, as hereinafter providedsaid damages shall have been made more easily ascertainable by successive expiration of the term of this Lease, in which event Tenant hereby agrees that the cause of action shall not be deemed to have occurred until the date of expiration of said term. The provisions contained in this paragraph shall be in addition to and shall not prevent the enforcement of any claim Landlord may have against tenant for anticipatory breach of the unexpired term of this Lease.

Appears in 1 contract

Samples: Commercial Lease (Hunapu Inc)

Default of Tenant. If any one or more of the following occurs: (a2) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent a rent payment or any other charges payment due from Tenant to Landlord shall be and remain unpaid in whole or amounts in part for more than five (5) days following written notice form Landlord of non-payment by Tenant; provide, however, if Landlord has given two (2) or more of such notices during the preceding twelve (12) month period, no such prior notice need be given by Landlord and Tenant shall be in default under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and Agreement if any such default shall continue for the payment is not made by Tenant within ten (10) days after notice from Landlord designating such defaultof the date same is due and payable; (2) Tenant shall not violate or default on any of the other covenants, agreements, stipulations or (II) if as promptly as possible but conditions herein or in any event other agreement between Landlord and Tenant relating to the Premises and such violation or default shall continue for a period of thirty (30) days (or such additional period of time, not to exceed and additional sixty (60) days, as is reasonable under the circumstances if the violation or default is of the type that can be reasonably be cured within thirty (30) days and Tenant promptly commences such cure and at all times diligently pursues same) after written notice from Landlord of such violation or default; or (3) if Tenant or any guarantor of this Lease Agreement shall commence or have commenced against Tenant or any guarantor proceedings under a bankruptcy, receivership, insolvency or similar type of action; then it shall be optional for Landlord, without further notice or demand, to Tenant specifying any cure such default or defaults other than those set forth in clause (I) Tenant has not cured to declare this Lease Agreement forfeited and the default said Term ended, or defaults so specified (to terminate only Tenant's right to possession of the Premises, and to re-enter the Premises with or if without process of law, using such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) force as may be necessary if within said thirty (30) days Tenant has commenced to remove all persons or chattels therefrom, and is diligently pursuing Landlord shall not be liable for damages by reason of such re-entry or forfeiture; but notwithstanding re-entry by Landlord of forfeiture of termination of this Lease Agreement or termination only of Tenant's right to possession of the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Premises, the Liability of Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or rent and all other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and sums provided for herein shall not be discharged relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically sue Xxxant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorney's fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of 10% of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10 days) from the date said payment becomes due and payable, or cleared by Landlord's bank within three (3) business days after deposit. Tenant agrees to pay interest at 12% per annum or the maximum permissible rate under the applicable usury statutes, whichever is less, on all rentals and other sums due Landlord hereunder not paid within ten (10) days thereafter (from the date the same becomes due and payable. Each right or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition remedy of Landlord provided for in this Lease Agreement shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force cumulative and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not every other right or remedy provided for in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and Agreement now or hereafter existing at law or in equity or by the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedstatute or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Cray Inc)

Default of Tenant. A. If any one or more of the following occurs: (a1) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent a rent payment or any other charges payment due from Tenant to Landlord shall be and remain unpaid in whole or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue part for more than ten (10) days after Tenant’s receipt of written notice from that the same is past due, provided however that Landlord designating shall only be obligated to provide two (2) such default, or (II) if as promptly as possible but notices in any event within 12-month period, and thereafter it shall be a default if a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after the same is due; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if of such breach violation or default cannot (which 30-day period shall be cured within said timesubject to reasonable extension, then within such additional time (not up to exceed an additional thirty (30) a total of 60 days) as may be necessary if within said thirty (30) days , provided Tenant has commenced cure and is diligently pursuing the remedies necessary same to completion), except that if a specific time period following notice by Landlord for Tenant to cure such breach violation or default)default is set forth elsewhere in this Lease Agreement, no additional period of notice and cure shall be afforded under this Article; (3) Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action; or (b4) if any assignment Tenant shall purport to assign this Lease Agreement or sublet, license, mortgage or transfer this Lease Agreement or the Premises hereunder in violation of the provisions of Article 16 of this Lease Agreement; then it shall be made optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to re-enter the Premises, subject to applicable Laws, and Landlord shall not be liable for damages by reason of such forfeiture or re-entry; but notwithstanding re-entry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or rent and all other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and sums provided herein shall not be discharged relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder (as more particularly set forth below), the reasonable cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorneys’ fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days thereafter from the date said payment becomes due and payable. Tenant agrees to pay interest at the rate of ten percent (10%) per annum or if such lien canthe maximum permissible rate under the applicable usury statutes, whichever is less, on all rentals and other sums due Landlord hereunder not be discharged paid within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced from the date same become due and is diligently pursuing the payable. All of Landlord’s rights and remedies necessary to discharge such lien); or (e) if a petition under this Lease Agreement shall be filed by Tenant cumulative with and in addition to any and all rights and remedies which Landlord may have at law or in equity. Any specific right or remedy provided for liquidation, or for reorganization or an arrangement under in any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition this Lease Agreement shall not be dismissed within thirty (30) days thereafter; preclude the concurrent or (g) if consecutive exercise of a custodian right or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered remedy provided for in any proceeding other provision hereof. Landlord shall exercise at least the level of effort required by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of applicable Laws to mitigate its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provideddamages.

Appears in 1 contract

Samples: Lease Agreement (SomaLogic, Inc.)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent rent on the day when the same shall become due and payable hereunder and shall continue in default for a period of ten (10) days after Landlord gives written notice thereof, or Additional Rent when due, if Tenant shall cure such default within fail to keep and perform any of the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shallother terms, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, thencovenants, and conditions of this Lease on its part to be performed and shall continue in default for a period of thirty (30) days after Landlord gives notice to Tenant of said default, then in said event,- and as often as any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant")said event shall occur, Landlord may, at Landlord's option, cure said default at Tenant's sole cost and expense, in addition to which event any cost incurred by Landlord in curing said default shall become immediately due and not in derogation payable from Tenant, together with interest thereon at the rate of any remedies for any preceding breach of covenant12% per annum, immediately or at any time thereafter give notice to Tenant terminating Landlord may terminate this Lease and enter into the term hereofLeased Premises, which notice or any part thereof, either with or without process of law, and expel Tenant, or any person occupying the Leased Premises, and use such force as may be necessary so to do, and repossess and enjoy the Leased Premises as in Landlord's former estate, but Tenant shall specify remain fully liable hereunder for all rents and other sums to be paid and all covenants to be performed by Tenant during the date remaining balance of termination, whereupon on the date so specified, the term of this Lease but subject to reduction in accordance with the next sentence. Landlord shall use all reasonable diligence to relet the Leased Premises, and all of Tenant's rights and privileges in said event, Landlord, shall apply the rent received from any new tenant thereof on any balance due under this Lease shall expire Lease, and terminate but Tenant shall remain liable be responsible for no more than the remaining balance that may then be due hereunder. Notwithstanding anything contained in this paragraph to the contrary, if any default shall occur, other than in the payment of money, which cannot with due diligence be cured within a period of thirty (30) days, and Tenant, prior to the expiration of thirty (30) days from and after the giving of notices as hereinafter providedaforesaid, shall commence to eliminate the cause of said default, shall proceed diligently and with reasonable dispatch to take all steps and do all work required to cure said default, and shall thereafter cure said default, then Landlord shall grant Tenant a reasonable extension of time within which to cure said default.

Appears in 1 contract

Samples: Lease (Founders Food & Firkins LTD /Mn)

Default of Tenant. If Tenant shall (a) (I) If Tenant shall default in its obligations fail to pay when due in the Annual Fixed Rent or Additional manner provided in Section 4(b) hereof any monthly installment of Base Rent or any other charges charge or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 payment required of this Lease and if Tenant hereunder (any such charge or payment being conclusively deemed to be additional rent payable hereunder), and such default shall continue continues for ten (10) days after Landlord gives Tenant a written notice from Landlord designating such defaultspecifying the failure, or (IIb) if as promptly as possible but in violate or fail to perform any event within of the other conditions, covenants, or agreements herein made by Tenant, and such violation or failure shall continue for a period of thirty (30) days after written notice from Landlord thereof to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said timeby Landlord, then within plus such additional period of time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies reasonably necessary to cure such breach violation or default); or (b) if any assignment shall be made by failure, provided Tenant for commences the benefit of creditors; cure within the 30-day period and prosecutes the same to completion with due diligence, or (c) if Tenant's leasehold interest shall be taken on execution; vacate or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other propertyabandon the demised premises, including then in any of said leasehold interestevents this Lease shall, at the option of Landlord, cease and terminate and shall not be discharged within ten operate as a notice to quit (10any notice to quit or of Landlord's intention to re-enter being hereby expressly waived) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not and Landlord may proceed to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced recover possession under and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any virtue of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all the laws of the assets State of Tenant; Maryland, or (h) if Tenant dissolves or shall by such other proceedings, including re-entry and possession, as may be dissolved or shall liquidate or shall adopt any plan or commence any proceedingapplicable. If Landlord elects to terminate this Lease, the result obligations herein contained on the part of which Landlord to be performed shall cease without prejudice; provided, however, that Landlord shall retain the right to recover from Tenant all rental and other charges accrued up to the time of such termination, or recovery of possession by Landlord, whichever is intended to include dissolution or liquidation; or (i) if any order shall later. Should this Lease be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after terminated before the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all by reason of Tenant's rights and privileges under this Lease shall expire and terminate but default as hereinabove provided, or if Tenant shall remain abandon or vacate the demised premises before the expiration or termination of the term of this Lease, the demised premises may be relet by Landlord, for such rent and upon such terms as Landlord is able to obtain, and, if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable as hereinafter provided.for all damages sustained by Landlord, including, without limitation, deficiency in rent and all other charges due hereunder, reasonable

Appears in 1 contract

Samples: Office Lease (Radio One Inc)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection Sections 4.4 or 6.1.11 of this Lease and if any such default shall continue for ten five (105) days after written notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after written notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)specified; or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a an involuntary lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's other property, including said leasehold interest, ’s property at the Premises and shall not be discharged within ten sixty (1060) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days after Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)shall have been given notice thereof by any party; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; (j) if Tenant shall fail to deposit the second half of the Security Deposit with Landlord by April 5, 2013 in accordance with Section 4.7, or (jk) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once twice to pay any installment of Annual Fixed Rent or Additional Rent when within five (5) days after the date the same is due, then, and in any of such cases indicated in clauses (a) through (jk) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter (x) give notice to Tenant terminating this Lease and and/or the term hereof, which notice shall specify the date of such termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate or (y) without terminating this Lease terminate Tenant’s right of possession and/or occupancy and reenter and take possession of the Premises or any part thereof, without notice and expel Tenant and any party claiming under Tenant and remove any of their effects, without being liable on account thereof, whether in trespass or breach or covenant or otherwise, (and no such reentry or taking possession shall be construed as an election by Landlord to terminate this Lease unless Landlord shall affirm such election by notice expressly to such effect), but in either case Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Lease (Mimedx Group, Inc.)

Default of Tenant. The following shall constitute events of default (aeach an “Event of Default”) (I) If by Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due and, in any such event, Landlord shall be entitled to exercise any remedies provided herein or that may be available at law or in equity. An Event of Default shall default occur if: The Premises shall become vacant or deserted during the Term for a period of more than thirty (30) consecutive business days other than for reasons beyond the reasonable control of Tenant; Default be made in complying with its obligations under Subsection 6.1.11 the payment of this Lease rental including, but not limited to, additional rental or any part thereof and if any such default shall continue for ten a period of fifteen (1015) days after written notice thereof from Landlord designating such defaultLandlord; Tenant shall fail, or (II) if as promptly as possible but in any event within thirty (30) days after receiving any notice from Landlord of violations thereof to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified comply (or if such breach or default same reasonably cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said complied with in thirty (30) days if Tenant has commenced and is diligently pursuing the remedies necessary fails to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed commence compliance within thirty (30) days or fails to complete compliance within a reasonable period thereafter) with any Laws now in force or that may hereinafter be in force, pertaining to all or any part of the Premises; Tenant fails to maintain any insurance coverages that it is required to maintain under this Lease; Default be made in the performance of any of the other terms, covenants, and conditions in this Lease (including, but not limited to, the Rules and Regulations on part of Tenant to be kept or performed), and such default remains uncured for a period of thirty (g30) if a custodian or similar agent days after written notice from Landlord that such default has occurred, provided, however, that such period shall be authorized extended in the event the cure was diligently commenced and pursued to completion and could not reasonable have been completed within such thirty (30) days; At any time during the Term, proceedings shall be commenced by Tenant in bankruptcy or for reorganization or for the readjustment of debts under the Bankruptcy Code or under any other Law, now or hereafter existing for the relief of debtors, or a receiver or trustee is appointed to take charge for Tenant or for any substantial part of all its assets, or substantially all of any proceeding is commenced for dissolution, or the assets full or partial liquidation, of Tenant; , or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, makes an assignment for the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up benefit of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedcreditors.

Appears in 1 contract

Samples: Lease Agreement (Mercantile Bankshares Corp)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten five (105) days after written notice from Landlord designating such default, or (IIb) if as promptly as possible but in any event within thirty (30) days after written notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (Ia) Tenant has not cured the default or defaults so specified (specified, or if such breach or default is of such a nature that it cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or does not commence any proceeding, the result curing of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace such thirty (30)-day period provided and thereafter diligently and continuously prosecute such cure to completion as soon as possible, but in clause no event later than sixty (a60) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following days from the date such initial defaulted payment was first due, fail more than once of Landlord’s notice to pay any installment of Annual Fixed Rent or Additional Rent when dueTenant specifying the default, then, and in any of such cases indicated in clauses (a) through and (jb) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, acting through its employees, agents or servants, immediately or at any time thereafter give thereafter, terminate this Lease by notice to Tenant terminating this Lease in the manner provided in Section 10.1, and shall have the term hereof, which notice shall specify immediate right to re-enter and repossess the date of terminationPremises, whereupon on the date so specifiedspecified in such notice, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Lease (Cytek BioSciences, Inc.)

Default of Tenant. The occurrence of any of the following shall constitute a default of this Lease by Tenant (collectively and individually, a “Default of Tenant”): (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection Sections 4.4 or 6.1.11 of this Lease and if any such default shall continue for ten five (105) days Business Days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or specified, provided that, if such breach or default cannot be cured curable with reasonable diligence within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days but curable within one hundred twenty (120) days and Tenant has commenced and is diligently pursuing the remedies necessary exercised reasonable diligence to cure such breach or default)failure, no Default of Tenant shall exist as long as Tenant shall in fact remedy such failure within such 120-day period; or (b) if any assignment shall be made by Tenant for the benefit of creditorscreditors and is not discharged within sixty (60) days; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or due to Tenant's other property, including said leasehold interest’s acts, and shall not be discharged within ten sixty (1060) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (ed) if a voluntary petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (fe) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty one hundred twenty (30120) days thereafter; or (gf) if a custodian or similar agent receiver shall be authorized or appointed to take charge of all or substantially all of the assets of TenantTenant and is not discharged within ninety (90) days; or (hg) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (ih) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or affairs and is not discharged within ninety (j90) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when duedays. The notice periods provided herein are in lieu of, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of addition to, any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedperiods provided by law.

Appears in 1 contract

Samples: Surgalign Holdings, Inc.

Default of Tenant. (a) (Ii) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease within five (5) days of the date when due or shall default in complying with its obligations under Subsection 6.1.11 6.1.10 of this Lease and if any such default shall continue for ten five (105) days after notice pursuant to Section 10.1 thereof from Landlord designating such defaultLandlord, or (IIii) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (Ii) Tenant has not cured the default or defaults so specified (specified; or if such breach or default is of such a nature that it cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) using best efforts, if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or does not commence any proceeding, the result curing of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within such thirty-day period and thereafter diligently and continuously prosecute such cure to completion within such additional time as may be necessary, but in no event to exceed sixty (60) days from the grace period provided in clause date of Landlord’s notice to Tenant specifying the default, or (aiii) (I) above (or with Landlord's approval after the expiration if there shall be a default of such grace period) Tenant’s obligations under any lease between Landlord and Tenant shallfor any space in the Building, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when duewhich default continues beyond applicable notice and cure periods, then, and in any of such cases indicated in clauses (ai), (ii) through and (jiii) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: AxoGen, Inc.

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten five (105) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or specified, provided that if Tenant is proceeding in good faith and with due diligence to complete the cure of any such non-monetary performance breach or default which is curable but cannot reasonably be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may , Tenant will not be necessary if held in default for not completing such cure within said thirty (30) days so long as Tenant has commenced and is diligently pursuing the remedies necessary and continuously proceeding to cure complete such breach or default)cure; or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, property and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be stayed, dismissed or vacated within thirty sixty (3060) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once twice to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter (x) give notice to Tenant terminating this Lease and and/or the term hereof, which notice shall specify the date of such termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate or (y) without terminating this Lease terminate Tenant’s right of possession and/or occupancy and reenter and take possession of the Premises or any part thereof, without notice and expel Tenant and any party claiming under Tenant and remove any of their effects, without being liable on account thereof, whether in trespass or breach or covenant or otherwise, (and no such reentry or taking possession shall be construed as an election by Landlord to terminate this Lease unless Landlord shall affirm such election by notice expressly to such effect), but in either case Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Curis Inc

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay Provided and it is hereby expressly agreed that if and whenever the Annual Fixed Rent or Additional Rent hereby reserved or any other charges part thereof shall not be paid on the day appointed for payment thereof, whether lawfully demanded or amounts under 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 or performed, or in case the Leased 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 Leased 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 when due or contained to the contrary notwithstanding other than the proviso to this 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 complying with its obligations under Subsection 6.1.11 the payment of the rent reserved by this Lease Lease, unless and if until the Landlord shall have given to the Tenant written notice setting forth the default complained of and the Tenant shall have the right during five (5) business days next following the date on such notice to cure any such default shall continue for ten (10) days after notice from Landlord designating such defaultin payment of rent. In case without the written consent of the Landlord, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment Leased Premises shall be made used by any other person than the Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization any other purpose than that for which the same were let or an arrangement under any provision of any bankruptcy law in case the Term or code as then in force and effect; or (f) if an involuntary petition under any of the provisions goods and chattels of any bankruptcy law or code the Tenant shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to seized in execution or attachment by any creditor of the Tenant terminating or if the Tenant makes any bulk sale, then in any such case this Lease lease shall, at the option of the Landlord, cease and determine and the term hereofTerm shall immediately become forfeited and void in accordance with the provisions of Section 15, which notice shall specify the date of terminationRIGHT OF TERMINATION, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedherein.

Appears in 1 contract

Samples: Indenture (VeriChip CORP)

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Default of Tenant. (a) (I) If a. In the event of any failure of Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when rental due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for hereunder within ten (10) days after notice from Landlord designating such defaultthe same becomes due, or any failure to perform any other terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (II30) days after written notice of such failure shall have been given to Tenant (or, if as promptly as possible but in any event such default is reasonably incapable of cure within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if as reasonably determined by Landlord, such breach or default cannot be cured within said time, then within such additional reasonably longer period of time (not to exceed an additional thirty a total of sixty (30) days) as may be necessary if within said thirty (3060) days provided that Tenant has commenced and is diligently pursuing commences the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; and diligently pursues the same to completion within said sixty (60) day period), or (g) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a custodian petition in bankruptcy or similar agent shall be authorized insolvency or appointed to take charge for reorganization or for the appointment of a receiver or trustee of all or substantially all of the assets a portion of Tenant; ’s or (h) any such guarantor’s property, or if Tenant dissolves or shall be dissolved any such guarantor’s property, or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or any such guarantor makes an assignment for the winding up benefit of creditors, or petitions for or enters into an arrangement with its affairs; creditors, or (j) if Tenant shall fail abandon the Demised Premises pursuant to pay the provisions in Article 20.0 above or suffer this Lease to be taken under any installment writ of Annual Fixed Rent or Additional Rent when dueexecution, then in any such event Tenant shall cure such be in default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, thenhereunder, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord mayLandlord, in addition to other rights of remedies it may have, shall have the immediate right of re-entry and not may remove all persons and property from the Demised Premises and such property may be removed and stored in derogation a public warehouse or elsewhere at the cost of, and for the account of any remedies Tenant, without being guilty of trespass, or becoming liable for any preceding breach of covenant, immediately loss or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, damage which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedmay be occasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (EnteroMedics Inc)

Default of Tenant. In the event that Tenant (a) (I) If Tenant shall default in its obligations fails to pay the Annual Fixed Rent or Additional Rent all or any other charges or amounts under this Lease portion of any sum due from Tenant hereunder when due and such failure to pay continues for more than ten (10) business days after receipt of written notice from Landlord (provided that such ten (10) day grace period shall not be available more than three (3) times in any twelve (12) month period); (b) fails to perform any other terms, covenants and conditions hereof, or shall default is otherwise in complying with its breach of any of Tenant's obligations under Subsection 6.1.11 hereunder or commits any other act or omission in violation of this Lease and if any such default shall continue failure to perform or violation continues for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within more than thirty (30) days after receipt of written notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if provided such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) daysday grace period shall not be available more than three (3) as may be necessary if within said thirty times in any twelve (3012) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or defaultmonth period); or (bc) if becomes bankrupt, insolvent or files any debtor proceeding or takes or has taken against Tenant any petition of bankruptcy; takes action or has action taken against Tenant for the appointment of a receiver for all or a portion of Tenant's assets, files a petition for a corporate reorganization; or makes an assignment shall be made by Tenant for the benefit of creditors; , (any or all of the occurrences in this subsection 11.1 (c) if shall be deemed a default on account of bankruptcy for the purposes hereof); then Tenant shall be in default hereunder and Landlord may, at its option and without further notice to Tenant, terminate Tenant's leasehold interest shall be taken on execution; right to possession of the Premises and without terminating this Lease re-enter and resume possession of the Premises and/or declare this Lease terminated, and may, thereupon, in either event remove all persons and property from the Premises with or (d) if a lien without resort to process of any court, either by force or other involuntary encumbrance shall be filed against otherwise. Notwithstanding such re-entry by Landlord, Tenant hereby indemnifies, protects, defends and holds Landlord harmless from any and all loss or damage which Tenant may incur by reason of the termination of this Lease and/or Tenant's leasehold interest or right to possession hereunder due to Tenant's other property, including said leasehold interest, and default. In no event shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision Landlord's termination of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any this Lease and/or Tenant's right of possession of the provisions of any bankruptcy law or code shall be filed against Tenant Premises abrogate Tenant's agreement to pay Rent and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all additional charges due hereunder for the full term hereof. Following re-entry of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding Premises by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when dueLandlord, Tenant shall cure promptly pay all arrearages then due and overdue and shall continue to pay all such default within Rent and additional charges as same become due under the grace period provided terms of this Lease, together with all other expenses incurred by Landlord in clause (a) (I) above (or with Landlordregaining possession until such time, if any, as Landlord relets same and the Premises are occupied by such successor, it being understood that Landlord shall have no obligation to mitigate Tenant's approval after damages by reletting the expiration Premises. Upon reletting, sums received from such new lessee by Landlord shall be applied first to payment of such grace period) costs incident to reletting; any excess shall then be applied to any indebtedness to Landlord from Tenant other than for Basic Rent; and any excess shall then be applied to the payment of Basic Rent due and unpaid. The balance, if any, shall be applied against the deficiency between all amounts received hereunder and sums to be received by Landlord on reletting, which deficiency Tenant shallshall pay to Landlord in full, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment five (5) days of Annual Fixed Rent or Additional Rent when due, then, and in any notice of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but same from Landlord. Tenant shall have no right to any proceeds of reletting that remain liable as hereinafter providedfollowing application of same in the manner set forth herein.

Appears in 1 contract

Samples: Lease Agreement (Sunbelt Automotive Group Inc)

Default of Tenant. (a) (I) If the Tenant shall default in its obligations fail to pay the Annual Fixed Rent or Additional Rent or make any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 payment of this Lease and if any such default shall continue for rent within ten (10) days after Xxxxxx has received written notice from Landlord designating of such default, default or (II) if as promptly as possible but Tenant shall fail to keep and perform any other covenant of this Lease and shall continue in any event within default for a period of thirty (30) days after Xxxxxx has received written notice of such default and demand of performance from Landlord, Landlord may declare the term ended and enter upon the premises and expel Tenant therefrom without prejudice to other remedies available to Landlord. No such entry by Landlord shall bar Landlord from the recovery of damages [or the breach of any of the covenants hereof by Tenant, and, Tenant specifying shall remain liable for the payment of rent and other charges under the Lease, including brokerage commissions and expenses to prepare the Premises for re-rental, and all costs of maintaining the Premises until a new Tenant commences payment of rent, and thereafter, Tenant shall remain liable for any deficiencies after application of rent payments received by Landlord, but Tenant shall not be entitled to excess payments received by Landlord, if any. Provided, however, if any default or defaults shall occur (other than those set forth in clause (Ithe payment of rent) Tenant has not cured the default or defaults so specified (or if such breach or default which cannot with diligence be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said a period of thirty (30) days Tenant has commenced and is Tenant, prior to the expiration of thirty (30) days from and after the giving of notice as aforesaid, commences to eliminate such default and proceeds diligently pursuing the remedies necessary to take steps to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other propertysame, including said leasehold interest, and Landlord shall not be discharged have the right to declare the term ended by reason thereof. In addition to Xxxxxxxx's rights hereunder, in the event Landlord does not receive rent payments within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding date required by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when duethis Lease, Tenant shall cure such default within pay Landlord an amount equal to 5% of the grace period provided in clause (a) (I) above (or payment past due, as additional rent, together with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once of rent by Xxxxxx. Landlord shall be entitled to pay recover from Tenant other all reasonable costs and legal fees incurred in connection with any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of default by Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Agreement (Clearview Cinema Group Inc)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any monthly installment of Annual Fixed Rent rent as aforesaid (although no legal or Additional Rent when dueformal demand has been made therefor), or shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Tenant, and such failure to pay rent or such violation or failure shall continue for a period often (10) days after written notice thereof to Tenant by Landlord, then and in any of said events this Lease shall, at the option of Landlord, cease and terminate and shall operate as a notice to quit, any notice to quit, or of Landlord’s intention to re-enter, being hereby expressly waived, and Landlord may proceed to recover possession under and by virtue of the provisions of the laws of the State of Maryland, or by such other proceedings, including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease by reason of Tenant’s default as hereinabove provided, or if Tenant shall abandon or vacate the Demised Premises before the expiration or termination of the Term of this Lease, the Demised premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstances and, if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall cure be liable for all damages sustained by Landlord, including, without limitation deficiency in rent, reasonable attorneys’ fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of rental sustained by in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Landlord’s option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. If Landlord should commence any summary proceeding for non-payment of rent by Tenant, Tenant shall not interpose any counterclaim of any nature or description in any such default within proceeding. The provisions contained in this paragraph shall be in addition to and shall not prevent the grace period provided in clause (a) (I) above (or with Landlord's approval enforcement of any claim Landlord may have against Tenant for anticipatory breach of the unexpired term of this Lease. In the event that Tenant continues to occupy the Demised Premises after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereofof this Lease, which notice with the express or implied consent of Landlord, such tenancy shall specify the date be from month-to-month and shall not be renewal of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's or tenancy from year-to year. All rights and privileges remedies of Landlord under this Lease shall expire be cumulative and terminate but Tenant shall remain liable as hereinafter providednot be exclusive of any other rights and remedies provided to Landlord under applicable law.

Appears in 1 contract

Samples: Lease (Tvi Corp)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent rent on the day when the same shall become due and payable hereunder and shall continue in default for a period of ten (10) days after Landlord gives written notice thereof, or Additional Rent when due, if Tenant shall cure such default within fail to keep and perform any of the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shallother terms, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, thencovenants, and conditions of this Lease on its part to be performed and shall continue in default for a period of thirty (30) days after Landlord gives notice to Tenant of said default, then in said event, and as often as any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant")said event shall occur, Landlord may, at Landlord's option, cure said default at Tenant's sole cost and expense, in addition to which event any cost incurred by Landlord in curing said default shall become immediately due and not in derogation payable from Tenant, together with interest thereon at the rate of any remedies for any preceding breach of covenant12% per annum, immediately or at any time thereafter give notice to Tenant terminating Landlord may terminate this Lease and enter into the term hereofLeased Premises, which notice or any part thereof, either with or without process of law, and expel Tenant, or any person occupying the Leased Premises, and use such force as may be necessary so to do, and repossess and enjoy the Leased Premises as in Landlord's former estate, but Tenant shall specify remain fully liable hereunder for all rents and other sums to be paid and all covenants to be performed by Tenant during the date remaining balance of termination, whereupon on the date so specified, the term of this Lease but subject to reduction in accordance with the next sentence. Landlord shall use all reasonable diligence to relet the Leased Premises, and all of Tenant's rights and privileges in said event, Landlord, shall apply the rent received from any new tenant thereof on any balance due under this Lease shall expire Lease, and terminate but Tenant shall remain liable be responsible for no more than the remaining balance that may then be due hereunder. Notwithstanding anything contained in this paragraph to the contrary, if any default shall occur, other than in the payment of money, which cannot with due diligence be cured within a period of thirty (30) days, and Tenant, prior to the expiration of thirty (30) days from and after the giving of notices as hereinafter providedaforesaid, shall commence to eliminate the cause of said default, shall proceed diligently and with reasonable dispatch to take all steps and do all work required to cure said default, and shall thereafter cure said default, then Landlord shall grant Tenant a reasonable extension of time within which to cure said default.

Appears in 1 contract

Samples: Lease (Founders Food & Firkins LTD /Mn)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 or the last sentence of Section 10.9 of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days (or such additional time, but not to exceed sixty (60) days, as shall be reasonably required to cure such failure if the same is not capable of cure within thirty (30) days despite the use of all reasonable efforts by Tenant to do so) after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)specified; or (b) if any assignment shall be made by Tenant or any guarantor of Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, or against the property of any guarantor of Tenant, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant or any guarantor of Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant or any guarantor of Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant or any guarantor of Tenant; or (h) if Tenant or any guarantor of Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant or any guarantor of Tenant decreeing or permitting the dissolution of Tenant or any guarantor of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once twice to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, ; the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.,

Appears in 1 contract

Samples: Cuisine Solutions Inc

Default of Tenant. (a) (I) If a. In the event of any failure of Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when rental due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for hereunder within ten (10) days after notice from Landlord designating such defaultthe same becomes due, or (II) if as promptly as possible but in a check for the payment of Base Rent or Additional Rent is returned NSF, or any event within failure to perform any other terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice from Landlord of such failure has been given to Tenant specifying any default or defaults other than those set forth in clause (I) provided that where a cure is not reasonably possible within that period, Tenant has not cured the default or defaults so specified (or if such breach or default cannot will be cured within said time, then within such entitled to additional time (to effect a cure, but not to exceed an additional beyond thirty (30) additional days) , so long as may Tenant promptly commences acts reasonably calculated to effect a cure and thereafter diligently prosecutes those acts to completion), or if Tenant or an agent of Tenant falsifies any report required to be necessary furnished to Landlord pursuant to the terms of this Lease, or if within said thirty (30) days Tenant or any guarantor of this Lease becomes bankrupt or insolvent, or files any debtor proceedings or any person takes or has commenced and is diligently pursuing against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the remedies necessary to cure United States or of any state a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such breach guarantor's property, or default); if Tenant or (b) any such guarantor's property, or if Tenant or any such guarantor makes an assignment shall be made by Tenant for the benefit of creditors; , or (c) petitions for or enters into an arrangement with its creditors, or if Tenant's leasehold interest shall Tenant abandons the Premises or suffers this Lease to be taken on under any writ of execution; , then in any such event Tenant will be in default hereunder. and Landlord may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interestelsewhere at the cost of, and shall not be discharged within ten (10) days thereafter (for the account of Tenant, without being guilty of trespass, or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as becoming liable for any loss or damage which may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedoccasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (Aetrium Inc)

Default of Tenant. (a) (I) If In the event of any failure of Tenant shall default in its obligations to pay rental due hereunder within five (5) days after the Annual Fixed Rent or Additional Rent same shall be due more than twice in any twelve (12) month period, or any failure to perform any other charges of the terms, conditions or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 covenants of this Lease and if any to be observed or performed by Tenant for more than thirty (30) days after written notice of such default shall continue for ten (10) days after notice from Landlord designating such defaulthave been given to Tenant, or (II) such larger period of time as is reasonable if as promptly as possible but in any event Tenant has commenced curing such default within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach cure, or default); or (b) if any assignment Tenant shall be made by Tenant finally adjudicated a bankrupt and all appeal rights have been extinguished, or if Tenant, in any court pursuant to any statute either of the United States or of any State, shall file a petition in bankruptcy or insolvency, or for reorganization or for the appointment of a receiver or trustee for all or a portion of Tenant's properly, or shall make an assignment for the benefit of creditors; , or (c) if Tenant's leasehold interest Tenant shall abandon the Leased Premises and remove its furnishings and equipment therefrom, or if Tenant shall abandon said premises and also be in default under the Lease, or suffer this Lease to be taken on under any writ of execution; , then Landlord, besides other rights or (d) if remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Leased Premises and such property may be removed and stored in a lien public warehouse or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interestelsewhere at the cost, and shall not for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be discharged within ten (10) days thereafter (occasioned thereby. Should Landlord elect to reenter as herein provided, or if should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law it may either terminate this Lease or it may from time to time without terminating this Lease, make such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) alterations and repairs as may be necessary if within to relet the Premises, and relet said ten Premises or any part thereof for such term or terms (10which may be for a term extending beyond the term of this Lease) days Tenant has commenced and is diligently pursuing at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; upon each such reletting all rentals received by the remedies necessary to discharge Landlord from such lien); or (e) if a petition reletting shall be filed applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including brokerage and attorneys' fees and of costs of alterations and repairs; third, to the payment of rent due and unpaid hereunder, and the residue, if any, shall be held by the Landlord and applied in payment of future rent as the same may become due and payable hereunder. If such rentals received from such reletting during any month be less than that to be paid during that month by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when duehereunder, Tenant shall cure pay any such default within deficiency to Landlord. No such re-entry or taking possession of the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration Leased Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such grace period) and intention be given to Tenant shall, within or unless the next year following the date termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant")reletting without termination, Landlord maymay at any time thereafter elect to terminate this Lease for such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to and not any other remedies it may have all remedies available to it at law or in derogation equity. In the event of any breach or threatened breach by Tenant or Landlord of any of the terms and provisions of this Lease, either Tenant or Landlord shall have the right to injunctive relief as if no other remedies were provided herein for such breach. The rights and remedies herein reserved by or granted to Landlord or Tenant are distinct, separate and cumulative, and the exercise of any preceding breach one of covenantthem shall not be deemed to preclude, immediately waive or at prejudice Landlord's or Tenant's right to exercise any or all others. Tenant hereby expressly waives any right to assert a defense based on merger and agrees that neither the commencement of any action or proceeding, nor the settlement thereof, nor the entry of judgment therein shall bar Landlord from bringing any subsequent actions or proceedings from time thereafter give notice to Tenant terminating time. Wherever in this Lease the Landlord has reserved or is granted the right of re-entry into the Leased Premises the use of such word is not intended, nor shall it be construed, to be limited to its technical legal meaning. If either party incurs any expenses, including court costs and attorneys' fees (and the term hereofcosts and expenses of such attorney), which as a result of a default by the other party under this Lease, whether or not litigation is commenced or concluded, then such expenses shall be reimbursed by the non-prevailing party, whether or not such default is subsequently cured. Tenant hereby waives demand for rent, demand for possession, notice shall specify the date of terminationforfeiture, whereupon on the date so specified, the term notice of this Lease termination and any and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedother demands or notices required by law.

Appears in 1 contract

Samples: Lease (Sheffield Pharmaceuticals Inc)

Default of Tenant. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (a) (I) If Tenant shall default in its obligations Tenant's failure to pay the Annual Fixed Rent any rent or Additional Rent or any other charges or amounts required to be paid by Tenant under this Lease when due within 5 days of Landlord's delivery of written notice to Tenant that said amounts are past due; (b) Tenant's abandonment or shall default vacation of the demised premises; (c) Tenant's failure to promptly and fully perform any other covenant, condition or agreement contained in complying with its obligations under Subsection 6.1.11 of this Lease and if any where such default shall continue failure continues for ten (10) 30 days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after written notice from Landlord to Tenant specifying of such default; (d) the levy of a writ of attachment or execution on this Lease or on any default or defaults other than those set forth of the property of Tenant located in clause the premises; (Ie) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made making by Tenant of a general assignment for the benefit of its creditors or of an arrangement, composition, extension or adjustment with its creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary the filing by or against Tenant of a petition for relief or other proceeding under federal bankruptcy laws or state or other insolvency laws, which petition in not removed or which action is not dismissed within 90 days of its filing, or the assumption by any court or administrative agency, or by a receiver, trustee or custodian appointed by either, of jurisdiction, custody or control of the provisions premises or of Tenant or any bankruptcy law substantial part of its assets or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafterproperty; or (g) if the interest of Tenant under this Lease is held by a custodian partnership or similar agent shall be authorized by more than one person or appointed to take charge entity, the occurrence of all any act or substantially all event described in parts (e) or (f) above in respect of any partner of the assets of Tenant; or (h) if partnership. Except as otherwise specified by this paragraph, in the event a nonmonetary default occurs which cannot reasonably be cured within the time period specified above and Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when duecommences corrective action within said time period, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once not be subject to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges penalty under this Lease shall expire so long as Tenant prosecutes such corrective action diligently and terminate but Tenant shall remain liable as hereinafter providedcontinuously to completion.

Appears in 1 contract

Samples: Pixar \Ca\

Default of Tenant. (a) (I) If This Agreement may be terminated at any time by HRM on criteria for default of Tenant. The Landlord shall have the right at any time to remedy or attempt to remedy any default of the Tenant shall default hereunder, and in its obligations so doing to pay make any payments due or alleged to be due by the Annual Fixed Rent Tenant to a third party and may enter upon the leased premises to do any work or Additional Rent or any other charges or amounts repairs for which the Tenant is responsible under this Facility Lease when due Agreement and in such event all expenses of the Landlord in remedying or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any attempting to remedy such default shall continue be recoverable by the Landlord from the Tenant. Payment in full or through payment plan will be arranged with HRM. Interest will be factored into the outstanding debt based on determination of HRM. The Landlord may decide to terminate and re-enter upon the leased premises for ten (10) days after notice from Landlord designating such defaultreasons which include but are not limited to the following: the Tenant is incapable of day to day program or facility operation facility needs to be protected against vandalism, theft, pipes freezing, activity contrary to public safety the Tenant became in danger of bankruptcy or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord foreclosure actions facility being used contrary to the terms of the Agreement to the deterrent of HRM facility use and programming creates hardship to the immediate residents the Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot successfully obtain legal Registered Non Profit Society Status (may also include Federal Charitable Status) the Tenant does not maintain current General Liability Insurance any unauthorized assignment of subletting of this lease by the Tenant unauthorized facility change that effects the Landlords building insurance the Tenant shall not observe, perform and keep all and every one of the covenants, agreements, provisions, stipulations and conditions herein contained to be cured within said timeobserved, then within such additional time (not performed and kept by the Tenant if the leased premises shall become vacant * Note - Upon termination of this Facility Lease Agreement the owner will take responsibility and control of the facility. In the event of a claim for debt, damages or indemnity by the Landlord against the Tenant, the Landlord shall have the right to exceed an additional thirty (30) days) as may seize and take possession of any equipment, furniture or other property of any nature whatsoever situated on the leased premises and to sell the same at public or private sale without notice and to apply the proceeds thereof upon the account of Tenant. The Tenant shall continue to be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing liable to the remedies necessary to cure such breach or default); or (b) Landlord for the deficiency if any assignment shall be made by and the Tenant for hereby waives and renounces the benefit of creditors; any present or (c) if future Act in force in Canada or in the Province of Nova Scotia which takes away or limits the Landlord's rights, and that the Landlord may seize and sell the Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, goods and shall not be discharged within ten (10) days thereafter (or chattels as fully as the Landlord might have done if such lien canAct had not be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); been enacted or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter providedpassed.

Appears in 1 contract

Samples: Agreement

Default of Tenant. (a) (I) If Tenant TENANT shall default in its obligations fail to pay annual installment or item of rent on the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease date when the same becomes due or shall default in complying with its obligations under Subsection 6.1.11 violate or fail to perform any of the other conditions, covenants, or provisions of City of Miami Beach /CAA 10 • this Lease Agreement to be observed and performed by TENANT, and if any such default shall continue violation or failure continues for ten (10) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within a period of thirty (30) days after written notice thereof from Landlord LANDLORD, to Tenant specifying any default or defaults other than those set forth in clause TENANT, except for failure to pay rent, which shall have a fifteen (I15) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said timeday period for cure after written notice thereof from LANDLORD, to TENANT, then within LANDLORD may at any time terminate this Lease Agreement upon seven (7) days written notice to TENANT; provided, however, that (except as to rent) if the nature of TENANT'S non - compliance is such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said that more than thirty (30) days Tenant has are reasonably required for its cure, then TENANT shall not be deemed in default if TENANT commenced such cure within such thirty (30) day period and is thereafter diligently pursuing prosecutes such cure to completion. In the event of termination, LANDLORD shall also have the right to proceed with any remedy available at law or in equity in the State of Florida. All rights and remedies necessary to cure such breach or default); or (b) if any assignment of LANDLORD under this Lease Agreement shall be cumulative and shall not be exclusive of any other rights and remedies provided to LANDLORD under applicable law, subject to the limitations of Section 768.28 of the Florida Statutes. ARTICLE XXVII WAIVER If, under the provisions hereof, LANDLORD or TENANT shall institute proceedings and a compromise or settlement thereof shall be made, the same shall not constitute a waiver of any covenant herein contained nor of any of LANDLORD's or TENANT's rights hereunder, unless expressly stated in such settlement agreement. No waiver by LANDLORD or TENANT of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Tenant both parties. No waiver by LANDLORD or TENANT of any breach of covenant, condition, or agreement herein contained shall operate as a waiver of such covenant, condition, or agreement itself, or of any subsequent breach thereof. No payment by TENANT or receipt by LANDLORD of lesser amount than the monthly installments of rent (or additional rent obligations stipulated herein) nor shall any endorsement or statement on any check or letter accompanying a check for payment of rent (or additional rent obligations as stipulated herein) or any other amounts owed to LANDLORD be deemed an accord and satisfaction and LANDLORD may accept such check or payment without prejudice to or waiver of LANDLORD's right to recover the balance of such rent (or additional rent obligations as stipulated herein) or other amount owed or to pursue any other remedy provided in this Lease Agreement. No reentry by LANDLORD and no acceptance by LANDLORD of keys from TENANT shall be considered an acceptance of a surrender of this Lease Agreement. City of Miami Beach /CAA 11 ARTICLE XXVIII ADDITIONAL RENT (OPERATING EXPENSES) In addition to the Base Rent, TENANT shall also pay the following Additional Rent as provided below: TENANT shall pay One Thousand Three Hundred Twenty Seven Dollars and 94/100 ($ 1,327.94) per month, for its proportionate share of "Operating Expenses" which are defined as follows: "Operating Expenses" shall mean expenses incurred as a result of operating, repairing, and maintaining the Common Facilities . (as herein defined) and shall include electrical service, water service, sewer service, storm water costs and janitorial and custodial services to the Building, including the Demised Premises. "Common Facilities" shall mean all Building areas, spaces, equipment, as well as certain services, available for use by or for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other propertyTENANT and /or its employees, including said leasehold interestagents, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said timeservants, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidationvolunteers, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any customers, guests and/or invitees. Irrespective of the provisions of any bankruptcy law or code shall items listed above, amount due by TENANT, associated with Common Facilities Operating Expenses, will be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all determined based on TENANT's pro -rata share of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceedingitems, the result of which is intended hereby made a part of the Lease Agreement. Pro -rata share shall mean the percent which the Demised Premises bears to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution total square footage of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default leasable space within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereofBuilding, which notice share is hereby agreed to be sixteen percent (16 %). TENANT agrees and understands that the costs incurred for Operating Expenses may increase or decrease and, as such, TENANT's pro -rata share of Operating Expenses shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.increase or decrease accordingly. ARTICLE XXIX

Appears in 1 contract

Samples: docmgmt.miamibeachfl.gov

Default of Tenant. A. If any one or more of the following occurs: (a1) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent a rent payment or any other charges payment due from Tenant to Landlord shall be and remain unpaid in whole or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue part for more than ten (10) days after Tenant’s receipt of written notice from that the same is past due, provided however that Landlord designating shall only be obligated to provide two (2) such default, or (II) if as promptly as possible but notices in any event within 12-month period, and thereafter it shall be a default if a rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after the same is due; (2) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, and such violation or default shall continue for a period of thirty (30) days after written notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if of such breach violation or default cannot (which 30-day period shall be cured within said timesubject to reasonable extension, then within such additional time (not up to exceed an additional thirty (30) a total of 60 days) as may be necessary if within said thirty (30) days , provided Tenant has commenced cure and is diligently pursuing the remedies necessary same to completion), except that if a specific time period following notice by Landlord for Tenant to cure such breach violation or default)default is set forth elsewhere in this Lease Agreement, no additional period of notice and cure shall be afforded under this Article; (3) Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action; or (b4) if any assignment Tenant shall purport to assign this Lease Agreement or sublet, license, mortgage or transfer this Lease Agreement or the Premises hereunder in violation of the provisions of Article 16 of this Lease Agreement; then it shall be made optional for Landlord, without further notice or demand, to cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant's right to possession of the Premises, and to re-enter the Premises, subject to applicable Laws, and Landlord shall not be liable for damages by reason of such forfeiture or re-entry; but notwithstanding re-entry by Landlord or termination only of Tenant's right to possession of the Premises, the liability of Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or rent and all other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and sums provided herein shall not be discharged relinquished or extinguished for the balance of the Term of this Lease Agreement and Landlord shall be entitled to periodically xxx Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder (as more particularly set forth below), the reasonable cost of any necessary maintenance, repair, restoration, reletting (including related cost of removal or modification of tenant improvements) or cure as well as reasonable attorneys’ fees incurred or awarded in any suit or action instituted by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. Tenant shall also be liable to Landlord for the payment of a late charge in the amount of five percent (5%) of the rental installment or other sum due Landlord hereunder if said payment has not been received within ten (10) days thereafter from the date said payment becomes due and payable. Tenant agrees to pay interest at the rate of ten percent (10%) per annum or if such lien canthe maximum permissible rate under the applicable usury statutes, whichever is less, on all rentals and other sums due Landlord hereunder not be discharged paid within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced from the date same become due and is diligently pursuing the payable. All of Landlord’s rights and remedies necessary to discharge such lien); or (e) if a petition under this Lease Agreement shall be filed by Tenant cumulative with and in addition to any and all rights and remedies which Landlord may have at law or in equity. Any specific right or remedy provided for liquidation, or for reorganization or an arrangement under in any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition this Lease Agreement shall not be dismissed within thirty (30) days thereafter; preclude the concurrent or (g) if consecutive exercise of a custodian right or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered remedy provided for in any proceeding other provision hereof. Landlord shall exercise at least the level of effort required by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of applicable Laws to mitigate its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provideddamages.

Appears in 1 contract

Samples: Lease Agreement (SomaLogic, Inc.)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten five (105) days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)specified; or (b) if any assignment shall be made by Tenant or any guarantor of Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, or against the property of any guarantor of Tenant, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant or any guarantor of Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant or any guarantor of Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant or any guarantor of Tenant; or (h) if Tenant or any guarantor of Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant or any guarantor of Tenant decreeing or permitting the dissolution of Tenant or any guarantor of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of TenantDEFAULT OF 217 TENANT"), Landlord and the agents and servants of Landlord lawfully may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give mail a notice of termination addressed to Tenant, and repossess the same as of Landlord's former estate and expel Tenant terminating this Lease and the term hereofthose claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or prior breach of covenant, which notice shall specify the date of termination, whereupon on the date so specified, and upon such entry or mailing as aforesaid the term of this Lease shall terminate, and all Landlord, without notice to Tenant, may store Tenant's effects, and those of any person claiming through or under Tenant, at the expense and risk of Tenant's rights , and, if Landlord so elects, may sell or otherwise dispose of such effects at public auction or private sale or otherwise and privileges under this Lease shall expire apply the net proceeds (if any) to the payment of all sums due to Landlord from Tenant, if any, and terminate but Tenant shall remain liable as hereinafter providedpay over the balance, if any, to Tenant.

Appears in 1 contract

Samples: Sonesta International Hotels Corp

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay and whenever all or part of the Annual Fixed Rent or Additional Minimum Rent or any other charges or amounts payable by the Tenant under this Lease when due are not paid on the day appointed for payment, whether demand for payment has been made or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten (10) days after notice from Landlord designating such defaultnot, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay comply with any installment of Annual Fixed Rent the covenants hereunder after the Landlord has given notice to the Tenant in writing stating the default with reasonably sufficient particulars and requiring it to be remedied and such default has not been remedied by the Tenant within fourteen (14) days after receipt of such notice, or Additional Rent when duesuch longer period as may be reasonably necessary in view of the nature of the default, or if the Tenant shall cure falsify any report required to be furnished to the Landlord pursuant to the terms of this Lease or if the Tenant or any indemnifier of this Lease shall become bankrupt or insolvent or file any proposal, or if a Receiver is appointed of all or a portion of the Tenant’s property or any such default within indemnifier’s property, or if the grace period provided Tenant makes a sale in clause (a) (I) above (bulk, or with Landlord's approval after if the expiration of such grace period) and Tenant shallshall abandon the Premises, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in suffer this Lease or any of such cases indicated its assets to be taken under any writ of execution or like process, or if the Tenant creates a security interest in clauses (a) through (j) hereof (collectively and individuallythe personal property of the Tenant in the Premises in favour of a third party or if any notice is filed under section 49 of the Personal Property Security Act in respect of the Premises or if re-entry is permitted under any other terms of this Lease, a "Default of Tenant"), Landlord maythen the Landlord, in addition to any other rights or remedies it may have, shall have the immediate right of re-entry and not may remove all persons and property from the Premises and such property may be removed and stored for the account of the Tenant or be sold by the Landlord (and at the sole option of the Landlord, by way of private sale to the Landlord or any third party) all without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby and to have again, repossess and enjoy the Premises as of its former estate whether the Landlord terminates this Lease or not, and notwithstanding the retaking of possession of the Premises by the Landlord, the Landlord specifically reserves all remedies and rights of action herein or at law or in derogation equity provided. The Landlord or its duly authorized agent shall be entitled to distrain for the Rent hereby reserved including accelerated rent, if any, or for any money hereby made recoverable by distress upon the goods and chattels of the Tenant, wheresoever situate, and upon any premises to which the same may have been removed or wherever the same may be found. The Tenant hereby waives and renounces the benefit of any remedies for any preceding breach present or future legislation taking away or limiting a Landlord’s right of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provideddistress.

Appears in 1 contract

Samples: Lease

Default of Tenant. (a) (I) If Tenant shall default in its obligations fail to pay the Annual Fixed Rent any monthly installment of rent as aforesaid (although no legal or Additional Rent or any other charges or amounts under this Lease when due formal demand has been made therefor), or shall default in complying with its obligations under Subsection 6.1.11 violate or fail to perform any of this Lease the other conditions, covenants or agreements herein made by Tenant, and if any such default failure to pay rent or such violation or failure shall continue for a period of ten (10) days after written notice from Landlord designating such defaultthereof to Tenant by Landlord, then and in any of said events this Lease shall, at the option of Landlord, cease and terminate and shall operate as a notice to quit, any notice to quit, or (II) if as promptly as possible but in any event within thirty (30) days after notice from of Landlord’s intention to re-enter, being hereby expressly waived, and Landlord may proceed to Tenant specifying any default recover possession under and by virtue of the provisions of the laws of the State of Maryland, or defaults by such other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said timeproceedings, then within such additional time (not to exceed an additional thirty (30) days) including re-entry and possession, as may be necessary applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from Tenant all rental accrued up to the time of termination or recovery of possession by Landlord, whichever is later. Should this Lease by reason of Tenant’s default as hereinabove provided, or if within said thirty (30) days Tenant has commenced shall abandon or vacate the Demised Premises before the expiration or termination of the Term of this Lease, the Demised premises may be relet by Landlord for such rent and is diligently pursuing upon such terms as are not unreasonable under the remedies necessary to cure such breach or default); or (b) circumstances and, if any assignment the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorneys’ fees, brokerage fees, and expenses of placing the Demised Premises in first class rentable condition. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Landlord’s option, at the time of the reletting, or in separate actions, from time to time, as said damage shall have been made more easily ascertainable by successive relettings, or, at Landlord’s option, may be deferred until the expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said term. If Landlord should commence any summary proceeding for non-payment of rent by Tenant, Tenant shall not interpose any counterclaim of any nature or description in any such proceeding. The provisions contained in this paragraph shall be in addition to and shall not prevent the enforcement of any claim Landlord may have against Tenant for anticipatory breach of the benefit unexpired term of creditors; this Lease. In the event that Tenant continues to occupy the Demised Premises after the expiration of the term of this Lease, with the express or (c) if Tenant's leasehold interest implied consent of Landlord, such tenancy shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, from month-to-month and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision renewal of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's or tenancy from year-to year. All rights and privileges remedies of Landlord under this Lease shall expire be cumulative and terminate but Tenant shall remain liable as hereinafter providednot be exclusive of any other rights and remedies provided to Landlord under applicable law.

Appears in 1 contract

Samples: Lease (Tvi Corp)

Default of Tenant. (a) (Ia).(I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection Sections 4.4 or 6.1.11 of this Lease and if any such default shall continue for ten (10) days after written notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after written, notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary to cure such breach or default)specified; or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or of (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once twice to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Amylyx Pharmaceuticals, Inc.

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten five (105) business days after written notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after written notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or specified, provided that if Tenant has taken immediate steps to cure such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said and the nature of the default requires more than thirty (30) days to cure, Tenant has commenced and shall, so long as Tenant is diligently pursuing the remedies necessary to cure a cure, have such breach or default)additional time as is reasonably necessary; or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days after Tenant has commenced knowledge of the same, unless Tenant has timely contested such encumbrance in good faith and is diligently pursuing the remedies necessary has furnished to Landlord security reasonably acceptable to Landlord with respect to Tenant’s obligation to discharge such lien)lien or encumbrance; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once twice to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term Term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term Term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate but Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Liquid Holdings Group, Inc.

Default of Tenant. (a) In the event (Ii) If of any failure of Tenant shall default in its obligations to pay the Annual Fixed Rent any rental or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue hereunder for more than ten (10) business days after written notice from Landlord designating of such default, default shall have been received by Tenant; or (IIii) if as promptly as possible but of any failure to perform any other of the terms, conditions or covenants of this Lease (other than the covenants for the payment of rent) to be observed or performed by Tenant, including without limitation the failure of Tenant to maintain in effect any event within thirty licence or permit necessary for the use, occupancy or operation in the Demised Premises in accordance with this Lease or a breach of Section 4 of this Lease concerning Tenant’s use of the Demised Premises, for more than twenty (3020) days after written notice from Landlord of such default shall have been received by Tenant (unless a shorter period is specified herein with respect to a specific failure); provided, however, that if the curing of such default shall reasonably require in excess of 20 days, Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default canshall not be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary deemed in default hereunder if within said thirty (30) days Tenant has commenced and is diligently pursuing the remedies necessary shall commence to cure such breach default within such 20 days period and thereafter diligently prosecutes such cure to completion or default)(iii) Tenant shall abandon the Demised Premises prior to the last three (3) months of the term (provided that Tenant’s mere vacating of the Demised Premises shall not be deemed to be abandonment provided that Tenant continues to pay rent and perform all obligations under this Lease) or permits this Lease to be taken under any writ of execution; or (biv) Tenant assigns, mortgages, sublets, encumbers or in any manner transfers the Demised Premises or its interest in the Lease without Landlord’s consent; or (v) Tenant makes an assignment for the benefit of creditors, allows any petition under the bankruptcy law, or the appointment of a trustee or receiver of Tenant, or its assets, or the estate created hereby shall be taken in execution or by other process of law or Tenant shall be adjudicated insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy act, or if a receiver or trustee of the property of Tenant shall be appointed by reason of the insolvency or inability of Tenant to pay its debts, or if any assignment shall be made by of the property of Tenant for the benefit of creditors; or (cvi) if Tenant's leasehold interest Tenant shall be taken on execution; liquidated or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate begin proceedings towards its liquidation or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when duedissolution, then, unless such failure is caused directly or indirectly by the failure of the Landlord to provide the services under Section 28 hereof, the Oshawa Labour and in any Management Services Agreement or the ASA, or by the performance or non-performance of such cases indicated in clauses (aemployees of the Landlord pursuant to Section 4(f) through (j) hereof (collectively and individuallyhereof, a "Default of Tenant")Landlord, Landlord maybesides other rights or remedies it may have, in addition shall have the right to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating declare this Lease terminated and the term hereofended and/or shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, which notice shall specify and for the date of termination, whereupon on the date so specified, the term of this Lease and all account of Tenant's rights , without evidence, of notice or resort to legal process and privileges under this Lease shall expire and terminate but Tenant shall remain without being deemed guilty of trespass, or becoming liable as hereinafter providedfor any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Management Services Agreement (Delphi Corp)

Default of Tenant. (a) (I) If Tenant shall default in its obligations fail to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease monthly installment of rent when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease as aforesaid and if any such default failure shall continue for a period of ten (10) days after written notice from Landlord designating such defaultthereof to the Tenant by Landlord, or (II) if as promptly as possible but in shall violate or fail to perform any event within of the other conditions, covenants or agreements herein made by Tenant, and such violation or failure shall continue for a period of thirty (30) days after written notice from thereof to the Tenant by Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (or if such breach or default cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days unless Tenant has commenced and is diligently pursuing completion of such cure within the remedies 30-day period, Tenant shall have such time as is reasonably necessary to cure complete such breach cure), then and in any of said events this Lease shall, at the option of Landlord, cease and terminate and shall operate as a notice to quit, any notice to quit or default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interestLandlord’s intention to re-enter being hereby expressly waived, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not Landlord may proceed to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced recover possession under and is diligently pursuing the remedies necessary to discharge such lien); or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any virtue of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all the laws of the assets State of Tenant; Virginia or (h) if by such other legal proceedings, as may be applicable. If Landlord elects to terminate this Lease, everything herein contained on the part of Landlord to be done and performed shall cease without prejudice, however, to the right of Landlord to recover from Tenant dissolves or shall all rental accrued up to the time of termination of recovery of possession by Landlord, whichever is later. Should this Lease be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after terminated before the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all by reason of Tenant's rights and privileges under this Lease shall expire and terminate but ’s default as hereinabove provided, or if Tenant shall remain abandon or vacate the demised Premises before the expiration or termination of the term of this Lease, the demised Premises may be relet by Landlord for such rent and upon such terms as are not unreasonable under the circumstance, and if the full rental hereinabove provided shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, deficiency in rent, reasonable attorney’s fees, brokerage fees, and expenses of placing the Premises in rentable condition. Any damage or loss of rental sustained by Landlord may be recovered by Landlord, at Tenant’s option, at the time of the re-letting, or in separate actions, from time to time, as hereinafter provided.said expiration of the term of this Lease, in which event the cause of action shall not be deemed to have accrued until the date of expiration of said Initials TD / Illegible

Appears in 1 contract

Samples: Website Pros Inc

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection Sections 4.4 or 6.1.11 of this Lease and if any such default shall continue for ten seven (107) days Business Days after notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified (specified, or if such breach or default is of such a nature that it cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days using best efforts, if Tenant has commenced does not commence the curing of such default within such thirty-day period and is thereafter diligently pursuing and {B2323618; 13} - 38 - continuously prosecute such cure to completion within such additional time as may be necessary, but in no event to exceed forty-five (45) days from the remedies necessary date of Landlord’s notice to cure such breach or Tenant specifying the default); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including property which includes said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days after Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)notice thereof; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter (x) give notice to Tenant terminating this Lease and and/or the term hereof, which notice shall specify the date of such termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate or (y) without terminating this Lease terminate Tenant's right of possession and/or occupancy and reenter and take possession of the Premises or any part thereof, without notice and expel Tenant and any party claiming under Tenant and remove any of their effects, without being liable on account thereof, whether in trespass or breach or covenant or otherwise, (and no such reentry or taking possession shall be construed as an election by Landlord to terminate this Lease unless Landlord shall affirm such election by notice expressly to such effect), but in either case Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Lease (Pc Tel Inc)

Default of Tenant. (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or regularly scheduled payments of Additional Rent under this Lease when due, or if Tenant shall default in its obligations to pay any invoice for Additional Rent or any other charges or amounts under this Lease when due or shall default in complying with its obligations under Subsection 6.1.11 of this Lease and if any such default shall continue for ten seven (107) days after notice from Landlord designating such default, or (II) shall default in complying with its obligations under Sections 4.4 or 6.1.11 of this Lease and if any such default shall continue for five (5) days after notice from Landlord designating such default, or (III) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant specifying any default or defaults other than those set forth in clause clauses (I) or (II) Tenant has not cured the default or defaults so specified (specified, or if such breach or default is of such a nature that it cannot be cured within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said thirty (30) days using diligent efforts, if Tenant has commenced does not commence the curing of such default within such thirty-day period and thereafter diligently and continuously prosecute such cure to completion within such additional time as may be necessary, but in no event to exceed ninety (90) days from the date of Landlord’s notice to Tenant specifying the default (which 90-day period shall be extended on a day for day basis for each day that Tenant’s cure is diligently pursuing the remedies necessary delayed solely due to cure such breach Force Majeure events or defaultLandlord-cause delays); or (b) if any assignment shall be made by Tenant for the benefit of creditors; or (c) if Tenant's ’s leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's ’s leasehold interest or Tenant's ’s other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter (or if such lien cannot be discharged within said time, then within such additional time (not to exceed an additional thirty (30) days) as may be necessary if within said ten (10) days Tenant has commenced and is diligently pursuing the remedies necessary to discharge such lien)thereafter; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the provisions of any bankruptcy law or code shall be filed against Tenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's ’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "Default of Tenant"), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter (x) give notice to Tenant terminating this Lease and and/or the term hereof, which notice shall specify the date of such termination, whereupon on the date so specified, the term of this Lease and all of Tenant's ’s rights and privileges under this Lease shall expire and terminate or (y) without terminating this Lease terminate Tenant's right of possession and/or occupancy and reenter and take possession of the Premises or any part thereof, without notice and expel Tenant and any party claiming under Tenant and remove any of their effects, without being liable on account thereof, whether in trespass or breach or covenant or otherwise, (and no such reentry or taking possession shall be construed as an election by Landlord to terminate this Lease unless Landlord shall affirm such election by notice expressly to such effect), but in either case Tenant shall remain liable as hereinafter provided.

Appears in 1 contract

Samples: Ultragenyx Pharmaceutical Inc.

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