Common use of Default Provisions Clause in Contracts

Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment when due hereunder and such failure remains uncured for a period of (i) five (5) business days following written notice from Landlord on the two (2) occasions in any twelve (12) month period, and (ii) within five (5) business days after the same is due on any subsequent occasion within said twelve (12) month period, or (b) if Tenant fails to timely comply with the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) days after Landlord's delivery to Tenant of written notice of such default under this SECTION 20.1(B); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) day cure period, then Landlord shall not exercise its remedies under SECTION 21 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty (150) days after Landlord's notice, or (c) Tenant shall assign or sublet all or a portion of the Premises in contravention of the provisions of SECTION 7 of this Lease.

Appears in 1 contract

Samples: Industrial Building Lease (Tractor Supply Co /De/)

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Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment when due hereunder and such failure remains uncured for a period of (i) five (5) business days following subject to written notice from by Landlord on the two of such default and Tenant's failure to cure such default within ten (210) occasions in days thereafter, provided that Landlord shall only be required to give Tenant one written notice of any monetary default within any twelve (12) calendar month period, and (ii) within five (5) business days after the same is due on any subsequent occasion within said twelve (12) month period, ; or (b) if Tenant fails fails, whether by action or inaction, to timely comply with with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) days after Landlord's delivery to Tenant of written notice of such default under this SECTION 20.1(Bsubsection 18.2(b); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) day cure period, then Landlord shall not exercise its remedies under SECTION 21 Article 18 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty for more than sixty (15060) days after Landlord's notice, or (c) Tenant shall assign or sublet all or a portion of the Premises in contravention of the provisions of SECTION 7 of this Lease.. RIGHTS AND REMEDIES

Appears in 1 contract

Samples: Lease (Atmi Inc)

Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment within seven (7) days of the date when due hereunder and such failure remains uncured (provided, however, that for a the first occurrence within any period of (i) five (5) business days following written notice from Landlord on the two (2) occasions in any twelve (12) month periodconsecutive months of a failure by Tenant to pay Rent or another payment under this Lease on or before the due date therefor as specified in this Lease, and Tenant will not be in default under this Lease unless Tenant's failure to pay such Rent or other payment continues for more than seven (ii7) within five (5) business days after written notice of the same failure is due on any subsequent occasion within said twelve (12) month period, given to Tenant); or (b) if Tenant fails fails, whether by action or inaction, to timely comply with with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) days after Landlord's delivery to Tenant of written notice of such default under this SECTION 20.1(Bsubsection 21.2(b); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) day cure period, then Landlord shall not exercise its remedies under SECTION 21 Section 22 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty for more than sixty (15060) days after Landlord's notice, or (c) initial delivery to Tenant shall assign or sublet all or a portion of the Premises in contravention notice of the provisions of SECTION 7 of this Leasesuch default.

Appears in 1 contract

Samples: Industrial Building Lease (Gantos Inc)

Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment when due hereunder and such failure remains uncured for a period of (i) within five (5) business days following after written notice from Landlord of such failure to pay on the two (2) occasions due date; provided, however, that if in any twelve (12) consecutive 12 month period, Tenant shall, on three separate occasions, fail to pay any installment of Rent on the date such installment of Rent is due, then, on the third such occasion and (ii) within on each occasion thereafter on which Tenant shall fail to pay an installment of Rent on the date such installment of Rent is due, Landlord shall be relieved from any obligation to provide notice to Tenant, and Tenant shall then no longer have a five (5) business days after the same is due on day period in which to cure any subsequent occasion within said twelve (12) month period, such failure; or (b) if Tenant fails fails, whether by action or inaction, to timely comply with with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) 30 days after Landlord's delivery to Tenant of written notice of such default under this SECTION 20.1(BSection 21.2(b); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) 30 day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) 30 day cure period, then Landlord shall not exercise its remedies under SECTION 21 Section 22 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty (150) for more than 60 days after Landlord's notice, or (c) Tenant shall assign or sublet all or a portion of the Premises in contravention of the provisions of SECTION 7 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (MRS Fields Financing Co Inc)

Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment when due hereunder hereunder, provided, however, that, upon the first two occurrences of any such delinquency during any given Operational Year, Landlord shall notify Tenant in writing of such delinquency, and such failure remains uncured delinquency shall constitute a default hereunder only if it continues for a period of (i) five (5) business days following written notice from Landlord on the two (2) occasions in any twelve (12) month period, and (ii) within five (5) business days after the same is due on any subsequent occasion within said twelve (12) month period, or delivery of such notice from Landlord; (b) if Tenant fails abandons or vacates the Premises; or (c) if Tenant fails, whether by action or inaction, to timely comply with with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) days after Landlord's ’s delivery to Tenant of written notice of such default under this SECTION 20.1(BSection 21.2 (b); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) day cure period, then Landlord shall not exercise its remedies under SECTION 21 Section 22 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty for more than sixty (15060) days after Landlord's ’s notice, or (c) Tenant shall assign or sublet all or a portion of the Premises in contravention of the provisions of SECTION 7 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Digital Lightwave Inc)

Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment when due hereunder and such failure remains uncured for a period of within ten (i10) five (5) business days following after written notice thereof from Landlord on (provided, however, that if and to the two (2) occasions extent Tenant fails to pay Rent or any other payment when due hereunder more than twice in any consecutive twelve (12) month period, and Landlord shall have no obligation whatsoever to provide such written notice or allow any such ten (ii10) within five (5) business days after the same is due on any subsequent occasion within said twelve (12) month day period, ); or (b) if Tenant fails fails, whether by action or inaction, to timely comply with with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) days after Landlord's delivery to Tenant of written notice of such default under this SECTION 20.1(Bsubsection 20.2(b); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) day cure period, then than Landlord shall not exercise its remedies under SECTION Section 21 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty for more than sixty (15060) days after Landlord's notice, or (c) initial delivery to Tenant shall assign or sublet all or a portion of the Premises in contravention notice of the provisions of SECTION 7 of this Leasesuch default.

Appears in 1 contract

Samples: Industrial Building Lease (Sabratek Corp)

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Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment when due hereunder and such failure remains uncured for a period of (i) within five (5) business days following after written notice from Landlord of such failure to pay on the due date; provided, however, that if in any consecutive 12 month period, Tenant shall, on two (2) occasions in separate occasions, fail to pay any twelve (12) month periodinstallment of Rent on the date such installment of Rent is due, then, on the third such occasion and on each occasion thereafter on which Tenant shall fail to pay an installment of Rent on the date such installment of Rent is due, Landlord shall be relieved from any obligation to provide notice to Tenant, and (ii) within Tenant shall then no longer have a five (5) business days after the same is due on day period in which to cure any subsequent occasion within said twelve (12) month period, such failure; or (b) if Tenant fails fails, whether by action or inaction, to timely comply with with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) 30 days after Landlord's delivery to Tenant of written notice of such default under this SECTION 20.1(B21.2(b); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) 30 day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) 30 day cure period, then Landlord shall not exercise its remedies under SECTION 21 22 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty (150) for more than 60 days after the initial delivery of Landlord's original default notice, or (c) Tenant shall assign or sublet all or a portion of the Premises in contravention of the provisions of SECTION 7 of this Lease.

Appears in 1 contract

Samples: Industrial Building Lease (Research Inc /Mn/)

Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment when due hereunder and fails to cure such failure remains uncured for a period of (i) breach within five (5) business days following after receipt of Landlord's written notice thereof (provided, however, that such notice from Landlord on the two (2) occasions shall not be a condition precedent to declaring such default by Tenant after Landlord has given such notice twice in any twelve (12) month period, and (ii) within five (5) business days after the same is due on any subsequent occasion within said twelve (12) month period, ); or (b) if Tenant fails fails, whether by action or inaction, to timely comply with with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) days after Landlord's delivery to Tenant of written notice of such default under this SECTION 20.1(Bsubsection 20.2(b); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) day cure period, then Landlord shall not exercise its remedies under SECTION Section 21 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty for more than sixty (15060) days after Landlord's notice, or (c) initial delivery to Tenant shall assign or sublet all or a portion of the Premises in contravention notice of the provisions of SECTION 7 of this Leasesuch default.

Appears in 1 contract

Samples: Industrial Building Lease (Sparta Foods Inc)

Default Provisions. Each of the following shall constitute a default by Tenant under this Lease: (a) if Tenant fails to pay Rent or any other payment when due hereunder and such failure remains uncured for a period of (i) within five (5) business days following after written notice from Landlord of such failure to pay on the due date; provided, however, that if in any consecutive 12 month period, Tenant shall, on two (2) occasions in separate occasions, fail to pay any twelve (12) month periodinstallment of Rent on the date such installment of Rent is due, then, on the third such occasion and on each occasion thereafter on which Tenant shall fail to pay an installment of Relit on the date such installment of Rent is due, Landlord shall be relieved from any obligation to provide notice to Tenant, and (ii) within Tenant shall then no longer have a five (5) business days after the same is due on day period in which to cure any subsequent occasion within said twelve (12) month period, such failure; or (b) if Tenant fails fails, whether by action or inaction, to timely comply with with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of thirty (30) 30 days after Landlord's delivery to Tenant of written notice of such default under this SECTION 20.1(BSection 21.2(b ); provided, however, that if the default cannot, by its nature, be cured within such thirty (30) 30 day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial thirty (30) 30 day cure period, then Landlord shall not exercise its remedies under SECTION 21 Section 22 unless such default remains uncured beyond a reasonable time period required to cure such default not to exceed one hundred fifty (150) for more than 60 days after the initial delivery of Landlord's original default notice, or (c) Tenant shall assign or sublet all or a portion of the Premises in contravention of the provisions of SECTION 7 of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Wentworth Ii Inc)

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