Common use of Defaults by Tenant Clause in Contracts

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due and such failure continues for more than five (5) business days after written notice from Landlord; provided that Landlord shall not be required to give Tenant more than two (2) such notices in any calendar year; (ii) any failure by Tenant to observe and substantially perform any other material provision of this Lease to be observed and performed by Tenant, where such failure continues for thirty (30) days after written notice by Landlord to Tenant; provided that if such failure cannot be reasonably cured within such 30-day period, Tenant shall not be in default if Tenant commences to cure within the 30-day period and completes the same with due diligence; (iii) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all of the Landlord Work described in Rider I attached hereto has been completed; (iv) Tenant’s interest in this Lease or in all or a part of the Premises is taken by process of law directed against Xxxxxx, or becomes subject to a material attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty (30) days; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) makes an assignment of all substantially all of such party’s property for the benefit of creditors; except as set forth in Section 11.4 of Part Two of this Lease (b) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease; or (c) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vi) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within ninety (90) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: : (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due and [except that the first time such failure continues for more than occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five (5) business days after written notice from Landlord; provided that Landlord shall not be required to give Tenant more than two (2) such notices in any calendar year; ]; (ii) any failure by Tenant to observe and substantially perform any other material provision of this Lease to be observed and performed by Tenant, where such failure continues for thirty twenty (3020) days after written notice by Landlord to Tenant; provided that if such failure cannot be reasonably cured within such 30-day period, Tenant shall not be in default if Tenant commences to cure within the 30-day period and completes the same with due diligence; ; (iii) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all occupancy, or abandonment of the Landlord Work described in Rider I attached hereto has been completed; Premises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; (iv) Tenant’s interest in this Lease or in all or a part of the Premises is taken by process of law directed against XxxxxxTenant, or becomes subject to a material any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty ten (3010) days; ; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) is unable to pay such party’s debts generally as they become due; (b) makes an assignment of all substantially all or a substantial part of such party’s property for the benefit of creditors; except as set forth in Section 11.4 (c) convenes or attends a meeting of Part Two such party’s creditors, or any class thereof, for purposes of this Lease effecting a moratorium upon or extension or composition of such party’s debts; (bd) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease; or (ce) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; ; (vi) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within ninety sixty (9060) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will ------------------ constitute a default under this Lease by Tenant: (ia) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due and due, where such failure continues for more than five ten (510) business days after written notice from Landlord; provided by Landlord to Tenant, except that Landlord shall not in no event be required to give Tenant more than two (2) such notices in any of a recurring failure during each calendar year; (iib) any failure by Tenant to observe and substantially perform any other material provision of this Lease to be observed and performed by Tenant, where such failure continues for thirty (30) days after written notice by Landlord to Tenant; provided Tenant (provided, however, that if the cure of such failure cannot be reasonably cured within act or omission requires, despite the use of diligent efforts, a period in excess of thirty (30) days, then such thirty (30-day period, Tenant shall not be in default if Tenant commences to cure within the 30-) day period and completes shall be extended for so long as Tenant pursues the same cure thereof with due reasonable diligence), except that Landlord shall in no event be required to give more than two (2) notices of a recurring failure during each calendar year; (iii) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all of the Landlord Work described in Rider I attached hereto has been completed; (ivc) Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against XxxxxxTenant, or becomes subject to a material any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty ten (3010) days; (vd) Tenant or any guarantor of Tenant’s obligations under this Lease: (ai) is unable to pay such party's debts generally as they become due; (ii) makes an assignment of all substantially all or a substantial part of such party’s 's property for the benefit of creditors; except as set forth in Section 11.4 (iii) convenes or attends a meeting of Part Two such party's creditors, or any class thereof, for purposes of this Lease effecting a moratorium upon or extension or composition of such party'sdebts; (biv) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (cv) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vie) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v12.1(d); or (viif) the entry of a court order, --------------- judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such partyTenant, approving a petition seeking reorganization of such party Tenant or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s Tenant's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within ninety (90) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due and [except that the first time such failure continues for more than occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five (5) business days after written notice from Landlord; provided that Landlord shall not be required to give Tenant more than two (2) such notices in any calendar year]; (ii) any failure by Tenant to observe and substantially perform any other material provision of this Lease to be observed and performed by Tenant, where such failure continues for thirty twenty (3020) days after written notice by Landlord to Tenant; provided that if such failure cannot be reasonably cured within such 30-day period, Tenant shall not be in default if Tenant commences to cure within the 30-day period and completes the same with due diligence; (iii) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all occupancy, or abandonment of the Landlord Work described in Rider I attached hereto has been completedPremises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; (iv) Tenant’s interest in this Lease or in all or a part of the Premises is taken by process of law directed against XxxxxxTenant, or becomes subject to a material any attachment at the instance of any creditor of or claimant Section Two Page 17 Landlord Initials: /s/ ONB against Tenant, and such attachment is not discharged within thirty ten (3010) days; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) is unable to pay such party’s debts generally as they become due; (b) makes an assignment of all substantially all or a substantial part of such party’s property for the benefit of creditors; except as set forth in Section 11.4 (c) convenes or attends a meeting of Part Two such party’s creditors, or any class thereof, for purposes of this Lease effecting a moratorium upon or extension or composition of such party’s debts; (bd) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease; or (ce) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vi) Tenant or any guarantor of Tenant’s Tenants obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within ninety sixty (9060) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will shall constitute a an event of default under this Lease by Tenant: (i) any : 10.1.1 Any failure by Tenant to pay an installment of Base Annual Rent or to make any and other payment required under this Lease sums payable hereunder when due and such due, if the failure continues for more than five (5) business days after written notice from Landlord; provided that has been given by Landlord shall not be required to give Tenant more than two (2) such notices in any calendar year; (ii) any Tenant. 10.1.2 Any failure by Tenant to observe and substantially perform any other material provision provisions of this Lease to be observed and performed by Tenant, where such failure is curable and continues uncured for thirty (30) days after written notice by Landlord to Tenant; , provided that, if the nature of the failure is such that if such failure it cannot be reasonably cured within such thirty (30-day period) days, Tenant shall not be deemed in default if Tenant commences to cure it shall commence curing the failure within the 30-such thirty- (30-) day period and completes the diligently prosecutes same with due diligence; (iii) failure to take possession completion. 10.1.3 The abandonment or delivery vacating of any of the Premises within Care Centers or the Office Building (absence from the Care Center or Office Building or Tenant's ceasing to do business from any of the Care Centers for ten (10) business consecutive days after notice from Landlord that the Premises are ready for occupancy and all or more) shall conclusively be deemed an abandonment or vacating of the Landlord Work described in Rider I attached hereto has been completed; (iv) Premises). 10.1.4 Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against XxxxxxTenant (other than condemnation or other governmental taking), or becomes subject to a material any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty ninety (3090) days; (v) . 10.1.5 Tenant or any guarantor of Tenant’s 's obligations under this Lease: Lease (a) is unable to pay such party's debts generally as they become due; (b) makes an assignment of all substantially all or a substantial part of such party’s 's property for the benefit of creditors; except as set forth in Section 11.4 (c) convenes or attends a meeting of Part Two such party's creditors, or any class thereof, for purposes of this Lease effecting a moratorium upon or extension or consolidation of such party's debts; (bd) applies for or consents to or acquiesces in to the appointment of a receiver, trustee, liquidator, liquidator or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (ce) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vi) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the . 10.1.6 The entry of a court order, judgment or decree against Tenant or any the guarantor of Tenant’s 's obligations under this Lease, Lease without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, reorganization or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, liquidator or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within ninety thirty (9030) days from the date of entry. 10.1.7 Failure by Tenant to observe and perform any material provisions of this Lease to be observed and performed by Tenant, where such failure is not curable. 10.1.8 The occurrence of an event of default or breach by Tenant under any other agreement or lease between Landlord and Tenant, or between Tenant and XXXXXX X. XXXXXX, XXXXXX X. XXXXXX and/or the XXXXXX FAMILY LIVING TRUST, where under the terms of such agreement or lease there is no period provided for the cure of such default or breach, or if a cure period is provided thereunder, then the expiration of such cure period without Tenant's having effected such cure. 10.1.9 The occurrence of an event of default or breach by Tenant under any instrument evidencing the subordination of this Lease to any deed of trust in favor of LTC or any default by Tenant under any other agreement or instrument required by LTC as a condition to LTC's consenting to the terms of this Lease, where under the terms of such agreement or instrument there is no period provided for the cure of such default or breach, or if a cure period is provided thereunder, then the expiration of such cure period without Tenant's having effected such cure. The notices required under this SECTION 10.1 are the only notices required to be given by Landlord to Tenant in the event of Tenant's default and are not in addition to any statutory notices otherwise required by the unlawful detainer statutes of California.

Defaults by Tenant. (a) The occurrence of any of the following will shall constitute a default under and breach of this Lease Agreement by Tenant: : (i1) Tenant shall default in the payment of any failure by Tenant to pay an installment of Base Annual Rent rent, additional rent or to make any other payment required under this Lease when due to be made by Tenant hereunder, and such failure continues the default shall continue for more than five ten (5I 0) business days after written notice from Landlordthe date when the same was due; provided that Landlord shall not be required to give Tenant more than two and/or (2) such notices in any calendar yearThe abandonment or vacation of the Premises by Tenant; and/or (ii3) any The failure by Tenant to observe and substantially perform any other material provision of this Lease Agreement to be observed and or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided however, that if the nature of such failure default is such that the same cannot reasonably be reasonably cured within such thirty (30-) day period, Tenant shall not be deemed to be in default if Tenant commences to shall, within such period, commence such cure within the 30-day period and completes thereafter diligently prosecute the same with due diligenceto completion; and/or (iii4) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all of the Landlord Work described in Rider I attached hereto has been completed; (iv) Tenant’s interest in this Lease or in all or a part of the Premises is taken The making by process of law directed against Xxxxxx, or becomes subject to a material attachment at the instance Tenant of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty (30) days; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) makes an general assignment of all substantially all of such party’s property for the benefit of creditors; except as set forth the filing by or against Tenant (or any guarantor of Tenant) of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in Section 11.4 the case of Part Two of this Lease a petition filed against Tenant, the same is dismissed within sixty (b60) applies for or consents to or acquiesces in days); the appointment of a receiver, trustee, liquidator, trustee or custodian receiver to take possession of such party or substantially all of all or a substantial part of such party’s property or of Tenant's assets located at the Premises or of Tenant’s 's interest in this LeaseAgreement, where possession is not restored to Tenant within forty-five (45) days; or (c) files a voluntary petition in bankruptcy the attachment, execution or a petition other judicial seizure or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief non-judicial repossession of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vi) Tenant or any guarantor substantially all of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of 's assets located at the Premises or of Tenant’s 's interest in this LeaseAgreement, where such seizure or adjudicating repossession, as the case may be, is not discharged within forty-five (45) days; or any Tenant, guarantor of Tenant, sublessee or assignee with respect to this Agreement shall die or, in the case of corporations, shall have its corporate existence terminated. (b) In the event of any such party bankrupt default by Tenant, then in addition to any other remedies available to Landlord at law or insolventin equity, Landlord shall have the immediate option to terminate this Agreement and all rights of Tenant hereunder by giving written notice of such intention to terminate. (c) In the event of any such default by Tenant, Landlord shall also have the right to re-enter the Premises and remove all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. (d) In the event of the vacation or abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter as provided in paragraph (c) above or shall take possession of the Premises pursuant to legal proceedings or pursuant to any notice provided by law, and if Landlord does not elect to terminate this Agreement as provided in paragraph (b) above, then Landlord may from time to time, without terminating this Agreement, either recover all rental as it becomes due or relet the Premises or any parts thereof for such orderterm or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, judgment with the right to make alterations and repairs to the Premises. Tenant acknowledges that in the event of its vacation or decree will not abandonment of the Premises or in the event Landlord shall re-enter the Premises after any other default or breach by Tenant, Landlord shall have no obligation to actively seek a suitable substitute Tenant or Tenants, but rather such shall be vacatedthe sole obligation of Tenant. (e) In the event that Landlord shall elect to so relet, set aside or dismissed then rentals received by Landlord from such reletting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent and additional rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent and additional rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord within ninety ten (9010) days after Landlord shall xxxx Tenant for same. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expense incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from such reletting of the date Premises. (f) No re-entry or taking possession of entrythe Premises by Landlord pursuant to paragraphs (c) or (d) of this Article shall be construed as either an acceptance of surrender or an election to terminate this Agreement nor shall it cause a forfeiture of rents or other charges remaining to be paid during the balance of the Term, unless a written notice of such intention be given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default by Tenant, Landlord may at any time after such default elect to terminate this Agreement.

Defaults by Tenant. The occurrence of any of the following will ------------------ constitute a default under this Lease by Tenant: (ia) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due and due, where such failure continues for more than five ten (510) business days after written notice from Landlord; provided by Landlord to Tenant, except that Landlord shall not in no event be required to give Tenant more than two (2) such notices in any of a recurring failure during each calendar year; (iib) any failure by Tenant to observe and substantially perform any other material provision of this Lease to be observed and performed by Tenant, where such failure continues for thirty (30) days after written notice by Landlord to Tenant; provided Tenant (provided, however, that if the cure of such failure cannot be reasonably cured within act or omission requires, despite the use of diligent efforts, a period in excess of thirty (30) days, then such thirty (30-day period, Tenant shall not be in default if Tenant commences to cure within the 30-) day period and completes shall be extended for so long as Tenant pursues the same cure thereof with due reasonable diligence), except that Landlord shall in no event be required to give more than two (2) notices of a recurring failure during each calendar year; (iii) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all of the Landlord Work described in Rider I attached hereto has been completed; (ivc) Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against XxxxxxTenant, or becomes subject to a material any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty ten (3010) days; (vd) Tenant or any guarantor of Tenant’s obligations under this Lease: (ai) is unable to pay such party's debts generally as they become due; (ii) makes an assignment of all substantially all or a substantial part of such party’s 's property for the benefit of creditors; except as set forth in Section 11.4 (iii) convenes or attends a meeting of Part Two such party's creditors, or any class thereof, for purposes of this Lease effecting a moratorium upon or extension or composition of such party's debts; (biv) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (cv) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vie) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v12.1(d); or (viif) the entry --------------- of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such partyTenant, approving a petition seeking reorganization of such party Tenant or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s Tenant's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within ninety (90) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will ------------------ constitute a default under this Lease by Tenant: (ia) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due and due, where such failure continues for more than five ten (510) business days after written notice from Landlord; provided by Landlord to Tenant, except that Landlord shall not in no event be required to give Tenant more than two (2) such notices in any of a recurring failure during each calendar year; (iib) any failure by Tenant to observe and substantially perform any other material provision of this Lease to be observed and performed by Tenant, where such failure continues for thirty (30) days after written notice by Landlord to Tenant; provided Tenant (provided, however, that if the cure of such failure cannot be reasonably cured within act or omission requires, despite the use of diligent efforts, a period in excess of thirty (30) days, then such thirty (30-day period, Tenant shall not be in default if Tenant commences to cure within the 30-) day period and completes shall be extended for so long as Tenant pursues the same cure thereof with due reasonable diligence), except that Landlord shall in no event be required to give more than two (2) notices of a recurring failure during each calendar year; (iii) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all of the Landlord Work described in Rider I attached hereto has been completed; (ivc) Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against XxxxxxTenant, or becomes subject to a material any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty ten (3010) days; (vd) Tenant or any guarantor of Tenant’s obligations under this Lease: (ai) is unable to pay such party's debts generally as they become due; (ii) makes an assignment of all substantially all or a substantial part of such party’s 's property for the benefit of creditors; except as set forth in Section 11.4 (iii) convenes or attends a meeting of Part Two such party's creditors, or any class thereof, for purposes of this Lease effecting a moratorium upon or extension or composition of such party's debts; (biv) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (cv) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vie) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v12.1(d); or (viif) the entry of a court order, --------------- judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such partyTenant, approving a petition seeking reorganization of such party Tenant or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s Tenant's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within ninety (90) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due and [except that the first time such failure continues for more than occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five (5) business days after written notice from Landlord; provided that Landlord shall not be required to give Tenant more than two (2) such notices in any calendar year]; (ii) any failure by Tenant to observe and substantially perform any other material provision of this Lease to be observed and performed by Tenant, where such failure continues for thirty twenty (3020) days after written notice by Landlord to Tenant; provided that if such failure cannot be reasonably cured within such 30-day period, Tenant shall not be in default if Tenant commences to cure within the 30-day period and completes the same with due diligence; (iii) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all occupancy, or abandonment of the Landlord Work described in Rider I attached hereto has been completedPremises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; (iv) Tenant’s interest in Section Two Page 16 Landlord Initials: /s/ ONB this Lease or in all or a part of the Premises is taken by process of law directed against XxxxxxTenant, or becomes subject to a material any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty ten (3010) days; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) is unable to pay such party’s debts generally as they become due; (b) makes an assignment of all substantially all or a substantial part of such party’s property for the benefit of creditors; except as set forth in Section 11.4 (c) convenes or attends a meeting of Part Two such party’s creditors, or any class thereof, for purposes of this Lease effecting a moratorium upon or extension or composition of such party’s debts; (bd) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease; or (ce) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vi) Tenant or any guarantor of Tenant’s Tenants obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within ninety sixty (9060) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: : (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due and [except that the first time such failure continues for more than occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five (5) business days after written notice from Landlord; provided that Landlord shall not be required to give Tenant more than two (2) such notices in any calendar year; ]; (ii) any failure by Tenant to observe and substantially perform any other material provision of this Lease to be observed and performed by Tenant, where such failure continues for thirty twenty (3020) days after written notice by Landlord to Tenant; provided that if such failure cannot be reasonably cured within such 30-day period, Tenant shall not be in default if Tenant commences to cure within the 30-day period and completes the same with due diligence; ; (iii) failure to take possession or delivery of the Premises within ten (10) business days after notice from Landlord that the Premises are ready for occupancy and all occupancy, or abandonment of the Landlord Work described in Rider I attached hereto has been completed; Premises, i.e., the failure by Tenant or Tenant's employees to occupy the Premises for ten (10) consecutive days; (iv) Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against XxxxxxTenant, or becomes subject to a material any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within thirty ten (3010) days; ; (v) Tenant or any guarantor of Tenant’s 's obligations under this Lease: : (a) is unable to pay such party's debts generally as they become due; (b) makes an assignment of all substantially all or a substantial part of such party’s 's property for the benefit of creditors; except as set forth in Section 11.4 (c) convenes or attends a meeting of Part Two such party's creditors, or any class thereof, for purposes of this Lease effecting a moratorium upon or extension or composition of such party's debts; (bd) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (ce) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; ; (vi) Tenant or any guarantor of Tenant’s 's obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s 's obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, insolvent and such order, judgment or decree will not be vacated, set aside or dismissed within ninety sixty (9060) days from the date of entry.