DEFAULT PROVISIONS AND REMEDIES. Section 801.
DEFAULT PROVISIONS AND REMEDIES. SECTION 13.01. This Lease and the demised term are subject to the limitation that if, at any time during the term hereof, any one or more of the following events (herein called an “event of default”) shall occur, that is to say:
(a) if Tenant shall fail to pay any installment of the rent set forth in Section 2.01 of this Lease, or any part thereof, when the same shall become due and payable, and such failure shall continue for five (5) days after written notice thereof from Landlord; provided, however, Landlord shall only be obligated to provide two (2) such five (5) day notice periods within any twelve (12) month period during the term of this Lease, and, upon the third delinquency in the payment of any rent due hereunder during any said twelve (12) month period, Tenant shall immediately be in default under this Lease without any further notice from Landlord; or
(b) if Tenant shall fail to pay any sum or other charge required to be paid by Tenant hereunder (other than the payment of the rental as set forth in said Section 2.01), and such failure shall continue for thirty (30) days after written notice thereof from Landlord to Tenant; or
(c) if Tenant shall make an assignment for the benefit of its creditors; or
(d) if any petition shall be filed against Tenant in any court, whether or not pursuant to any statute of the United States or of any state, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceedings, and remains undismissed for sixty (60) days or Tenant requires or consents to any such petition or filing, or if any such petition shall be so filed by Tenant; or
(e) if, in any proceeding, a receiver or trustee be appointed for all or any portion of Tenant’s property; or
(f) if Tenant shall abandon the Demised Premises for a period in excess of thirty (30) days, it being presumed that Tenant shall have abandoned the Demised Premises if it shall fail to continuously operate its business for such thirty (30) consecutive day period without excuse as specifically allowed under the terms and provisions of this Lease; or
(g) if Tenant shall assign, mortgage or encumber this Lease, or sublet the whole or any part of the Demised Premises, otherwise than as expressly permitted hereunder, or if this Lease or the estate of Tenant hereunder shall be transferred, or passed to, or devolve upon, any person, firm or corporation other than Tenant herein named, except in the manner permitted hereunder; or
(h) if Tenant shall fail ...
DEFAULT PROVISIONS AND REMEDIES. Event of Default. "Event of Default," wherever used herein, means any one of the following events (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):
DEFAULT PROVISIONS AND REMEDIES. 14.1 Each of the following shall be deemed an Event of Default by LICENSEE under this Agreement:
14.1.1 Failure of LICENSEE to pay the license fee or any other sum required to be paid under the terms of this Agreement and such default continues for a period of fourteen (14) days after written notice thereof to LICENSEE;
14.1.2 Failure by LICENSEE to perform or observe any other terms, covenant, agreement or condition of this Agreement on the part of LICENSEE to be performed and such default continues for a period of thirty
DEFAULT PROVISIONS AND REMEDIES. 15.1 Each of the following shall be deemed an Event of Default by Licensee under this Agreement:
15.1.1 Failure of Licensee to pay the license fee or any other sum required to be paid under the terms of this Agreement and such default continues for a period of fourteen (14) days after written notice thereof to Licensee;
15.1.2 Failure by Licensee to perform or observe any other terms, covenant, agreement or condition of this Agreement on the part of Licensee to be performed and such default continues for a period of thirty (30) days after written notice thereof from SUNESYS (provided that if such default cannot be cured within such thirty (30) day period, this period will be extended if Licensee commences to cure such default within such thirty (30) day period and proceeds diligently thereafter to effect such cure);
15.1.3 The filing of a tax or mechanic's lien against SUNESYS’ Conduit System, Fiber Optic Facilities or other property of SUNESYS which is not bonded or discharged within thirty (30) days of the date Licensee receives notice that such lien is filed;
15.1.4 An event of Licensee's bankruptcy (whether voluntary or involuntary) or the finding that Licensee is insolvent or unable to pay its debts as they come due or the appointment of a receiver for Licensee’s properties, if such bankruptcy, finding or appointment is not dismissed or resolved within sixty
DEFAULT PROVISIONS AND REMEDIES. 36 Section 801. Event of Default..............................................................................36
DEFAULT PROVISIONS AND REMEDIES. 35 Section 6.01. Events of Default 35 Section 6.02. Acceleration; Annulment of Acceleration 37 Section 6.03. Enforcement of Remedies 38 Section 6.04. Application of Monies 38 Section 6.05. Remedies Not Exclusive 38 Section 6.06. Termination of Proceedings 38 Section 6.07. Waivers; No Additional Waiver Implied by One Waiver 38 ARTICLE VII - MISCELLANEOUS 40 Section 7.01. College to Pay Expenses 40 Section 7.02. Recording and Filing. 40 Section 7.03. Limitation of Rights 40 Section 7.04. Severability 40 Section 7.05. Notices 41 Section 7.06. Counterparts 42 Section 7.07. Applicable Law; Indemnity 42 Section 7.08. Additional Charges 42 Section 7.09. Amendment 43 Section 7.10. No Recourse; Special Obligation of Issuer 43 Section 7.11. Table of Contents and Section Headings Not Controlling. 44 Section 7.12. Survival 44 Section 7.13. USA Patriot Act 44 Section 7.14. Assignment and Participation 44 EXHIBIT A – BOND FORM 1 THIS BOND PURCHASE AGREEMENT AND LOAN AGREEMENT (the "Bond Purchase Agreement"), dated as of June 1, 2020, is by and among XXXXXXXX COUNTY DEVELOPMENT CORPORATION, a not-for-profit local development corporation duly organized and existing under the laws of the State of New York, having its principal office at 401
DEFAULT PROVISIONS AND REMEDIES. Event of Default
DEFAULT PROVISIONS AND REMEDIES. 33 ARTICLE VIII THE TRUSTEE 37 ARTICLE IX SUPPLEMENTAL INDENTURES AND WAIVERS; AMENDMENT OF FINANCING AGREEMENT, OBLIGATION NO. 17 AND MASTER INDENTURE 46 ARTICLE X MISCELLANEOUS 50
DEFAULT PROVISIONS AND REMEDIES. 64 ARTICLE VII MISCELLANEOUS 68
