Defaults by Xxxxxx. 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 Xxxxxx. Defaults by Lessor are failing to comply with any provision, term, condition or agreement of this Lease within Thirty (30) days after written notice from Xxxxxx. Xxxxxx's sole remedy for Lessor’s default is to terminate this Lease.
Defaults by Xxxxxx. In addition to the remedies specifically set forth herein and those available at law or in equity, if Lessee fails to perform or breaches any term, condition or covenant set forth in this Lease, and this failure or breach continues for ten (10) calendar days after a written notice specifying the required performance has been given to Lessee, Lessee shall be in default and Lessor may:
A. enforce specific performance causing Lessee to strictly comply with and perform such term, condition or covenant; or
B. may, but not be obligated to do so, enter the Premises and perform Xxxxxx's obligations for the account of and at the expense of Xxxxxx. Bills for all amounts paid by Lessor and all losses, costs, and expenses incurred by Lessor in connection with such performance by Lessor pursuant to this clause, including without limitation, all amounts paid and costs and expenses incurred by Lessor for any property, material, labor or services provided, furnished, or rendered or caused to be provided, furnished or rendered by Lessor to Lessee may be sent by Lessor to Lessee monthly or immediately, at Lessor’s option, and shall be due and payable by Lessee to Lessor as additional Rent within five (5) calendar days after same is sent to Lessee by Lessor; or
C. terminate this Lease, without liability, by written notice to Lessee, in which event, the First Amended Lease hereby created shall terminate on the tenth (10th) day after such notice is given (the “Termination Date”) and Lessee shall within such ten (10) day period vacate the Premises and surrender them to Lessor in the state required under this Lease, with Lessor having the right to reenter and repossess the Premises discharged of this First Amended Lease and to expel all occupants and to remove all property therefrom. Upon the occurrence of any default, Lessor may enter and take possession of the Premises by self-help, by picking or changing locks if necessary, and may lock out Lessee or any other person who may be occupying the Premises, until the default is cured, without being liable for damages.
Defaults by Xxxxxx. Defaults by Lessor are failing, within thirty (30) calendar days after receiving written notice from Xxxxxx, to comply with any term, condition or covenant set forth in this Lease. In the event that Lessor fails to cure its default within the said thirty (30) calendar days, Lessee may, as Xxxxxx's sole remedy, terminate this Lease.
Defaults by Xxxxxx. A default by Tenant will have occurred under this Lease IF:
(a) Tenant fails to pay the full amount of any installment of rent on or before the date when it is due and payable, provided that Landlord has provided fifteen (15) days written notice of said delinquency and an opportunity to bring the rent current pursuant to Section 2.03; or
(b) Xxxxxx fails to observe or perform any other provision of this Lease for thirty (30) days after Landlord has given Tenant notice of the nature of Tenant's failure; or
(c) Tenant files a petition in bankruptcy or for an arrangement under any present or future federal or state bankruptcy law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of creditors, or admits in writing Xxxxxx's inability to pay debts as they become due; or
(d) a receiver or trustee of Tenant or of the Premises is appointed and, in the case of a proceeding brought against Tenant, is not discharged within ninety (90) days after the appointment, or Tenant consents to or acquiesces in the appointment; or
(e) Tenant abandons, quits or vacates the Premises; or
(f) the interest of Tenant under this Lease is ordered sold under execution or other legal process.
Defaults by Xxxxxx. Subject to the provisions of Article XXXIX, if following a valid and proper exercise of the foregoing option to purchase the Leased Property of the Facilities, Lessor fails to complete the sale of the Leased Property of the Facilities at the time required herein, Lessee shall have the right to seek specific performance of the provisions of this Article XXXV.
Defaults by Xxxxxx. The occurrence of any one or more of the following events shall be a default and breach of this Lease by Xxxxxx:
A. Lessee shall fail to pay any monthly installment of Base Rent or Additional Rent or other payment required herein after the same shall be due and payable, and shall remain unpaid for a period of ten (10) days after notice from Lessor that the same are due and unpaid.
B. Lessee shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease, other than the obligations contained within Article VIII 8.01 (A) above, for a period of Thirty (30) days after written notice thereof from Lessor; provided, however, that if the term, condition, covenant, or obligation to be performed by Lessee is of such nature that the same cannot reasonably be performed within such Thirty (30) day period, such default shall be deemed to have been cured if Xxxxxx commences such performance within said Thirty (30) day period and thereafter diligently undertakes to complete the same.
C. Lessee shall vacate or abandon, or fail to occupy for a period of thirty (30) days, the Premises or any substantial portion thereof.
D. A trustee or receiver shall be appointed to take possession of substantially all of Xxxxxx's assets in, on or about the Premises or of Lessee's interest in this Lease (and Xxxxxx does not regain possession within Sixty (60) days after such appointment); Xxxxxx makes an assignment for the benefit of creditors; or substantially all of Xxxxxx's assets in, on or about the Premises or Xxxxxx's interest in this Lease are attached or levied upon under execution (and Xxxxxx does not discharge the same within Sixty (60) days thereafter).
E. A petition in bankruptcy, insolvency or for reorganization or arrangement is filed against Lessee pursuant to any federal or state statute (and, with respect to any such petition filed against it, Lessee fails to secure a stay or discharge thereof within Sixty (60) days after the filing of the same).
Defaults by Xxxxxx. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant·:
14.1.1. The vacating or abandonment of the Premises by Xxxxxx.
14.1.2. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period often (10) days after written notice thereof from Landlord to Tenant. In the event that Landlord serves Tenant with a Notice to Pay Rent or Quit pursuant to applicable Unlawful Detainer statutes such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph.
14.1.3. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in paragraph (2) above, where such failure shall continue for a period ofthirty (30) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant's default is suchthatmorethan thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commenced such cure within said 30-day period and thereafter diligently prosecutes such cure to completion.
14.1.4. The making by Tenant of (i) any general arrangement or assignment for the benefit of creditors;
Defaults by Xxxxxx
