DEFAULTS BY LESSEE. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Lessee:
a. The vacating or abandonment of the Premises by Lessee.
b. The failure by Lessee to make any payment of Rent as set forth herein
c. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee, other than described in paragraph (b) above, where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said 30-day period and thereafter diligently prosecutes such cure to completion.
d. The making by Lessee of (i) any general arrangement or assignment for the benefit of creditors; (ii) Lessee becomes a “debtor” as defined in 11 U.S.C. 101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days. Provided, however, in the event that any provision of this paragraph is contrary to any applicable law, such provision shall be of no force or effect.
e. The discovery by Lessor that any financial statement given to Lessor by Lessee, any assignee of Lessee, any sub Lessee of Lessee, any successor in interest of Lessee or any guarantor of Lessee's obligation hereunder, and any of them, was materially false.
DEFAULTS BY LESSEE. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by Lessee:
(a) The vacating or abandonment of the Premises by Lessee; or
(b) The failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes, such Notice to Pay Rent or Quit shall not constitute the notice required by this subparagraph; or
(c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by Lessee, other than as described in paragraph (b) above, where such failure continues for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; or
(d) The occurrence of any two (2) audits during any twelve (12) month period disclosing that Lessee has understated its receipts by three percent (3 %) or more as described in Paragraph 4.2 above; or
(e) Failure of Lessee to maintain the Television System or Telephone System in good condition and repair comparable with similar services, where such failure continues for a period of fifteen (15) days after written notice thereof from Lessor to Lessee; or
(f) Failure of Lessee to provide telephone service or television service to residents of the Project comparable with similar services, or to make service calls upon request in a prompt fashion as provided herein, where Such failure continues for a period of five (5) days after written notice thereof from Lessor to Lessee (provided that Lessee shall not be entitled to such five (5) day "cure" period upon the second (2nd) to occur of any such failure within any thirty (30) day period), except for any failure which results from the failure of a tenant to timely pay its bills for telephone or television services rendered, destruction of equipment without fault of Lessee (provided, however, that such destroyed equipment is to be promptly rep...
DEFAULTS BY LESSEE. Each of the following events, which continue beyond any applicable notice and cure period, will constitute a “Default by Lessee” under this Lease:
a) Failure to Pay Rent. Lessee fails to pay any Base Rent or any other Rent, including late charges and interest accruing thereon, payable by Lessee under the terms of this Lease when due, and such failure continues for 30 days after written notice from Lessor to Lessee of such failure.
DEFAULTS BY LESSEE. The occurrence of any one of the following shall constitute a material default breach of this Lease Agreement by Lessee:
a. Failure by Lessee to pay rent or other charges required under this Lease Agreement promptly when due;
b. The abandonment of the Premises by the Lessee;
c. Failure by the Lessee to observe and perform any and all provisions of this Lease Agreement that they are required to perform or observe, including those provisions contained within the House Rules and Regulations;
d. The making by the Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudicated and bankrupt or of a petition for reorganization or arrangement under any law related to bankruptcy.
e. Citation by law enforcement for drug or alcohol related offense if resulting in a conviction or diversion to Community Service. In case of any such default by Lessee, then, in addition to any other remedies or rights available to Lessor at law, in equity, or pursuant to this Lease, Lessor shall have the immediate option to terminate this Lease Agreement and all rights of Lessee under the agreement by giving written notice of intention to terminate the Lease Agreement.
DEFAULTS BY LESSEE. The occurrence of any one of the following shall constitute a material default and breach of this Lease agreement by Lessee: (1) Failure by Lessee to pay rent or other charges required under this Lease agreement promptly when due; (2) The abandonment of the rental premises by the Lessee; (3) Failure by the Lessee to observe and perform any and all provisions and obligations of this agreement that they are required to perform or observe, including those provisions contained in the Rules & Regulations;
DEFAULTS BY LESSEE. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement:
(a) The vacating or abandonment of the Equipment Room/s by Lessee; or
(b) The failure of Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of five (5) days after written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes, such Notice to Pay Rent or Quit shall not constitute the notice required by this subparagraph; or
DEFAULTS BY LESSEE that no notice has been given by Lessor to Lessee of any failure to comply under this Ground Lease that has not been cured and to the best of its knowledge and belief no Event of Default exists (or, if there has been any notice given or an Event of Default exists, describing the same).
DEFAULTS BY LESSEE. Each of the following shall be deemed an ------------------ "Event of Default" by Lessee:
15.1.1 Failure to pay Rent, or any other amounts herein provided to be paid within seven (7) days from the date Lessor provides Lessee written notice that such Rent or other amounts are due or seven (7) days from the date due if Lessor is not obligated to provide notice pursuant to the immediately preceding sentence. Lessor shall only be required to provide such notice of default once per Lease Year;
15.1.2 Failure to perform any other act to be performed by Lessee hereunder or to comply with any condition or covenant contained herein on Lessee's part to be kept or performed, and such failure continues for a period of thirty (30) days after written notice from Lessor to Lessee; provided that such period shall be extended for the period of time reasonably necessary to cure such failure so long as Lessee promptly commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion; or
DEFAULTS BY LESSEE. The following shall constitute defaults of Lessee under this Lease :
A. If Lessee fails to pay the rental herein reserved, or any part thereof, or any other sum required by Lessee to be paid to Lessor or other third party, at the times or in the manner herein provided; or
B. If Lessee should violate any of the provisions of Article v; or
C. If default should be made in any other terms, covenants, or conditions on Lessee’s part herein contained, and shall not be cured within ten (10) days after written notice by Lessor, provided, however, if the default is of such a character as to require more than ten (10) days to cure, such ten (10) day period shall be extended to such period as may be required to cure the alleged default, providing Lessee shall have commenced the cure thereof during such ten (10) day period and shall proceed diligently to effect the cure thereof.
DEFAULTS BY LESSEE. Lessee shall be in default under the terms and conditions hereof in the event of any of the following:
A. Failure to pay rent or added rent as and when due;
B. Improper assignment of the Lease, and improper subletting of all or any part of the Premises, or allowing another to utilize the Premises;
C. Improper conduct by the Lessee, or other occupants of the Premises;
D. Failure by the Lessee to fully perform any other term, covenant, or condition of the Lease;
E. Failure to pay personal property taxes for items on the specified Premises.
