Common use of DEFAULTS OF TENANT Clause in Contracts

DEFAULTS OF TENANT. 1. If (a) Tenant shall fail to pay the rental or other charges due hereunder within ten (10) days after the same shall be due, or (b) Tenant shall fail to perform any of the other terms, conditions or covenants of this Lease to be performed or observed by Tenant for more than thirty (30) days after notice of such default has been given to Tenant, or (c) Tenant shall vacate the Leased Premises or abandon the same by failing to use and occupy the same for more than ten (10) consecutive days, or (d) Tenant or any guarantor of this Lease shall be adjudged bankrupt or insolvent or shall make an assignment for the benefit of creditors, or (e) a receiver or trustee of Tenant's property or that of any guarantor of this Lease shall be appointed and such receiver or trustee, as the case may be, shall not be discharged within thirty (30) days after such appointment, or (f) an execution or attachment is levied against Tenant's property or that of any guarantor of this Lease or (g) this Lease shall by operation of law devolve upon or pass to any person or persons other than Tenant without Landlord's prior written consent, then in any such case, Landlord may, upon notice to Tenant, recover possession of and re-enter the Leased Premises without affecting Tenant's liability for past rent and other charges due or future rent and other charges to accrue hereunder. In the event of any such default, Landlord shall be entitled to recover from Tenant, in addition to rent and other charges equivalent to rent, all other damages sustained by Landlord on account of the breach of this Lease, including, but not limited to, the costs, expenses and attorney fees incurred by Landlord in enforcing the terms and provisions hereof and in re-entering and recovering possession of the Leased Premises and for the cost of repairs, alterations and brokerage and attorney fees connected with the reletting of the Leased Premises. Further, at the election of Landlord, Landlord shall have the right to declare this Lease terminated and cancelled, without any further rights or obligations on the part of Landlord or Tenant (other than Tenant's obligation for rent and other charges due and owing through the date of termination), so that Landlord may relet the Leased Premises without any right on the part of Tenant to any credit or payment resulting from any such reletting. In case of a default under this Lease, Landlord may, in addition to terminating this Lease, or in lieu thereof, pursue such other remedy or combination of remedies and recover such other damages for breach of tenancy and/or contract as are available at law or otherwise.

DEFAULTS OF TENANT. 1. If (a) Tenant shall fail to pay the rental or other charges due hereunder within ten five (105) days after the same shall be duewritten notice of default has been given to Tenant, or (b) Tenant shall fail to perform any of the other terms, conditions or covenants of this Lease to be performed or observed by Tenant for more than thirty (30) days after notice of such default has been given to Tenant, or (c) Tenant shall vacate the Leased Premises or abandon the same by failing to use and occupy the same for more than ten (10) consecutive days, or (d) Tenant or any guarantor of this Lease shall be adjudged bankrupt or insolvent or shall make an assignment for the benefit of creditors, or (ed) a receiver or trustee of Tenant's ’s property or that of any guarantor of this Lease shall be appointed and such receiver or trustee, as the case may be, shall not be discharged within thirty (30) days after such appointment, or (fe) an execution or attachment is levied against Tenant's property ’s property, or that of any guarantor of this Lease Lease, or (g) 0 this Lease shall by operation of law devolve upon or pass to any person or persons other than Tenant without Landlord's ’s prior written consent, then in any such case, Landlord Landlord, may, upon notice to Tenant, recover possession of and re-enter the Leased Premises without affecting Tenant's ’s liability for past rent and other charges due or future rent and other charges to accrue hereunder. In the event of any such default, Landlord shall be entitled to recover from Tenant, in addition to rent and other charges equivalent to rent, all other damages sustained by Landlord on account of the breach of this Lease, including, but not limited to, the costs, expenses and attorney attorney’s fees actually incurred by Landlord in enforcing the terms and provisions hereof and in re-entering and recovering possession of the Leased Premises and for the cost of repairs, alterations and brokerage and attorney attorney’s fees connected with the reletting of the Leased Premises. Further, at the election of Landlord, Landlord shall have the right to declare this Lease terminated and cancelled, without any further rights or obligations on the part of Landlord or Tenant (other than Tenant's ’s obligation for rent and other charges due and owing through the date of termination), so that Landlord may relet the Leased Premises without any right on the part of the Tenant to any credit or payment resulting from any such reletting. In case of a default under this Lease, Landlord may, in addition to terminating this Lease, or in lieu thereof, pursue such other remedy or combination of remedies and recover such other damages for breach of tenancy and/or contract as are available at law or otherwise. Notwithstanding anything herein to the contrary, Landlord agrees to use reasonable efforts to mitigate its damages.

DEFAULTS OF TENANT. 1. If (a) Tenant shall fail to pay the rental or other charges due hereunder within ten five (105) days after the same shall be due, or (b) Tenant Tenants shall fail to perform any of the other terms, conditions or covenants of this Lease to be performed or observed by Tenant for more than thirty ten (3010) days after notice of such default has been given to Tenant, or (c) Tenant shall vacate the Leased Premises or abandon the same by failing to use and occupy the same for more than ten five (105) consecutive days, or (d) Tenant or any guarantor of this Lease shall be adjudged bankrupt or insolvent or shall make an assignment for the benefit of creditors, or (e) a receiver or trustee of Tenant's property or that of any guarantor of this the Lease shall be appointed and such receiver or trustee, as the case may be, shall not be discharged within thirty (30) days after such appointment, or (f) an execution or attachment is levied against Tenant's property or that of any guarantor of this Lease or (g) this Lease shall by operation of law devolve upon or pass to any person or persons other than Tenant without Landlord's prior written consentLease, then in any such case, Landlord may, upon notice to Tenant, recover possession of and re-enter the Leased Premises without affecting Tenant's liability for past rent and other charges due or future rent and other charges to accrue hereunder. In the event of any such default, Landlord shall be entitled to recover from Tenant, in addition to rent and other charges equivalent to rent, all other damages sustained by Landlord on account of the breach of this Lease, including, but not limited to, the costs, expenses and attorney fees incurred by Landlord in enforcing the terms and provisions hereof and in re-entering and recovering possession of the Leased Premises and for the cost of repairs, alterations alteration and brokerage and attorney fees connected with the reletting of the Leased Premises. Further, at the election of Landlord, Landlord shall have the right to declare this Lease terminated and cancelled, without any further rights or obligations on the part of Landlord or Tenant (other than Tenant's obligation for rent and other charges due and owing through the date of termination), so that Landlord may relet the Leased Premises without any right on the part of Tenant to any credit or payment resulting from any such reletting. In case of a default under this Lease, Landlord may, in addition to terminating this Lease, or in lieu thereof, pursue such other remedy or combination of remedies and recover such other damages for breach of tenancy and/or contract as are available at law or otherwise.

DEFAULTS OF TENANT. 1. If (a) Tenant shall fail be in “Default” if (i) Tenant shall not have paid Rent or any other amount payable by Tenant pursuant to pay the rental or other charges due hereunder this Lease within ten (10) days after the same shall be due, or following Tenant’s receipt of written notice from Landlord stating that such payment was not made prior to its due date (ba “Monetary Default”); (ii) Tenant shall fail to perform not have performed any of the other covenants, terms, conditions or covenants provisions of this Lease to be performed or observed by Tenant for more than thirty (30) days after notice of such default has been given to Tenant, or (c) Tenant shall vacate the Leased Premises or abandon the same by failing to use and occupy the same for more than ten (10) consecutive days, or (d) Tenant or any guarantor of this Lease shall be adjudged bankrupt or insolvent or shall make an assignment for the benefit of creditors, or (e) a receiver or trustee of Tenant's property or that of any guarantor of this Lease shall be appointed and such receiver or trustee, as the case may be, shall not be discharged within thirty (30) days after Tenant’s receipt of written notice specifying such appointmentfailure; provided, however, that with respect to those failures that cannot with due diligence be cured within such thirty (30)-day period, Tenant shall not be deemed to be in default hereunder if Tenant commences to cure such default within such thirty (30)-day period and thereafter continues the curing of such default with all due diligence, but in any event not to exceed sixty (60) days from the commencement of such cure; (iii) Tenant shall fail to maintain any or all of the insurance required hereunder and such failure shall continue for three (3) business days after written notice thereof given by Landlord to Tenant; or (iv) Tenant is adjudicated bankrupt or adjudged to be insolvent; a receiver or trustee is appointed for substantially all of the property and affairs of Tenant; Tenant makes an assignment for the benefit of its creditors, files a petition in bankruptcy or insolvency or for reorganization, or (f) an makes application for the appointment of a receiver; or any execution or attachment is levied issued against Tenant or substantially all of the property of Tenant's property , whereby the Premises or that of any guarantor of this Lease the Building and related improvements thereon are taken or (g) this Lease shall occupied or attempted to be taken or occupied by operation of law devolve upon or pass to any person or persons someone other than Tenant without Landlord's prior written consent, then in or any such case, Landlord may, upon notice to subtenant of Tenant, recover possession of except as may be permitted herein, and re-enter such adjudication, appointment, assignment, petition, execution or attachment shall not be set aside, vacated, discharged or bonded within sixty (60) days after the Leased Premises without affecting Tenant's liability for past rent and other charges due or future rent and other charges to accrue hereunder. In the event of any such default, Landlord shall be entitled to recover from Tenant, in addition to rent and other charges equivalent to rent, all other damages sustained by Landlord on account issuance of the breach of this Lease, including, but not limited to, the costs, expenses and attorney fees incurred by Landlord in enforcing the terms and provisions hereof and in re-entering and recovering possession same (any of the Leased Premises and for Defaults in the cost of repairs, alterations and brokerage and attorney fees connected with the reletting of the Leased Premises. Further, at the election of Landlord, Landlord shall have the right to declare this Lease terminated and cancelled, without any further rights or obligations on the part of Landlord or Tenant immediately preceding clauses (other than Tenant's obligation for rent and other charges due and owing through the date of terminationii), so that Landlord may relet the Leased Premises without any right on the part of Tenant to any credit or payment resulting from any such reletting. In case of (iii) and (iv), a default under this Lease, Landlord may, in addition to terminating this Lease, or in lieu thereof, pursue such other remedy or combination of remedies and recover such other damages for breach of tenancy and/or contract as are available at law or otherwise“Non-Monetary Default”).