Common use of Effect of Default on Options Clause in Contracts

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 16 contracts

Samples: Lease Agreement (Metacreations Corp), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Lease Agreement (Pacific Biometrics Inc)

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Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 14 contracts

Samples: Lease Agreement (Oculex Pharmaceuticals Inc /), Standard Industrial/Commercial Multi Tenant Lease (Photon Dynamics Inc), Lease Agreement (Earthshell Container Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 11 contracts

Samples: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Air Packaging Technologies Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 6 contracts

Samples: Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 5 contracts

Samples: Lease Agreement (Meade Instruments Corp), Lease Agreement (Idealab), Lease Agreement (Meade Instruments Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ; (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 5 contracts

Samples: Form 10 K/A, Standard Industrial/Commercial Multi Tenant Lease (RVision, Inc.), Lease Agreement (Amerigon Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or of not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 4 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease (Software Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Vantagemed Corp), Lease Agreement (Big Dog Holdings Inc)

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Landlord gives to Tenant a notice of Default under Paragraph default pursuant to paragraph 13.1 (c) or 13.1 (d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Landlord is due Lessor from Lessee is Tenant and unpaid (without regard to whether any necessity for notice thereof to Tenant) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionc), or paragraph 13.1 (d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Tenant attempts to exercise the subject Option, (iv) if Tenant has committed any non-curable breach, including without limitation those described in paragraph 13.1 (b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Tenant’s inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Tenant fails to commence to cure a default specified in paragraph 13.1 (d) within thirty (30) days after the date that Landlord gives notice to Tenant of such default and/or Tenant fails thereafter to diligently prosecute said cure to completion, or (iii) Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1 during any twelve (12) month periodc), or paragraph 13.1 (d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach Tenant has committed any non-curable breach, including without limitation those described in paragraph 13.1 (b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 3 contracts

Samples: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), or (iii) during the time Lessee Tenant is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Tenant’s inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.

Appears in 3 contracts

Samples: Lease (Penumbra Inc), Lease Agreement (Penumbra Inc), Lease Agreement (EGAIN Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Smartflex Systems Inc), Lease Agreement (3dshopping Com), Standard Industrial/Commercial Multi Tenant Lease (Skechers Usa Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 3 contracts

Samples: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Smartflex Systems Inc), Standard Office Lease (Icx Electronics Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, cured or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 3 contracts

Samples: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, if after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, . notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period Period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under und~ Paragraph 13.1 13~1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period Period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a39~4(a) (c) All rights of Lessee under udder the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 13~1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if if' Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Micro General Corp), Lease Agreement (Micro General Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ' (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (iiu) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), . or (iiixi) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionoption, whether or not the Defaults are cured. (b) The period of time lime within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, . notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, : (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Futon World Inc), Lease Agreement (Futon World Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ; (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Exodus Communications Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Consolidated Capital of North America Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or of effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 2 contracts

Samples: Standard Office Lease (Loudeye Technologies Inc), Standard Office Lease (Entertainment Boulevard Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the tile contrary: ; (i) during the period commencing with the (he giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in material Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 1 3. 1, whether or not the Defaults are cured, during the twelve (12I 2) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall Shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, Lease (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of and after Lessor to give gives notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a material Breach of this Lease.

Appears in 2 contracts

Samples: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease (Microage Inc /De/)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time (within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a Lessor’s monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or and (ii) Lessor gives give to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Standard Industrial Lease (Micro Therapeutics Inc), Standard Industrial Lease (Two Dog Net Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeXxxxxx's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Future Media Productions), Lease Agreement (Future Media Productions)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Centaur Pharmaceuticals Inc), Lease Agreement (Centaur Pharmaceuticals Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor 18 due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time Immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) If Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise In default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability Inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails falls to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if If Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise In default of any of the terms, covenants and conditions of this Lease.

Appears in 2 contracts

Samples: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), or (iii) during the time Lessee Tenant is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Multi Tenant Lease Modified Net (SBS Technologies Inc), Lease Agreement (SBS Technologies Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 2 contracts

Samples: Sublease (Macrovision Corp), Standard Office Lease (Interpacket Networks Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: contrary (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of such defaults, or paragraph 13.1(c) month period immediately preceding the exercise of the Option, whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, if after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Standard Industrial Lease (Patriot Motorcycle Corp), Standard Industrial Lease (Patriot Motorcycle Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without but regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Overstock Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Overstock Com Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 2 contracts

Samples: Standard Industrial Lease (LJL Biosystems Inc), Standard Industrial Lease (Qad Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be ne exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Solpower Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation obligations becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease Gross (Diamond Entertainment Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision provisions in the grant of Option to the contrary: contrary (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Modtech Inc)

Effect of Default on Options. (a) 38.4.1. Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1.2 or 13.1.3 and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1.1, 13.1.4, or 13.1.5 (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1.2, where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1.3, whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b) 38.4.2. The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)paragraph 39.4 (c) 38.4.3. All rights of Lessee under the provisions of an Option shall terminate and be of no further force or of effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1.3 within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1.4 or 13.1.5 (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1.2, where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1.3, whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Avenue Group Inc)

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), or (iii) during the time Lessee Tenant is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Tenant’s inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease (Penumbra Inc)

Effect of Default on Options. (a1) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to Paragraphs 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach Paragraphs 13.1(a), 13.1(d), 13.1(e) or 13.1(f) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise 13.1(b), where a late charge has become payable under Paragraph 13.4 for each of the Optionsuch defaults, or Paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b2) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c3) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in Paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are curedsuch default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) if Lessee commits a Breach default described in Paragraphs 13.1(a), 13.1(d), 13.1(e) or 13.1(f) (without any necessity of this LeaseLessor to give notice of such default to Lessee).

Appears in 1 contract

Samples: Lease Agreement (Big Dog Holdings Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeXxxxxx's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease. __SEE ADDENDUM FOR PARAGRAPH 39.5 AND 39.6.__

Appears in 1 contract

Samples: Long Term Lease (Pacific Research & Engineering Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an any Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Southwall Technologies Inc /De/)

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date when Landlord gives to Tenant a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Landlord is due Lessor from Lessee is Tenant and unpaid (without regard to whether any necessity for notice thereof to Tenant) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraph 13.1(a), 13.1(d), or 13.1(e) without any necessity of this LeaseLandlord to give notice of such default to Tenant, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12-month period of time immediately prior to the time that Tenant attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Tenant’s inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 38.4(a). (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Tenant fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Landlord gives notice to Tenant of such default and/or Tenant fails thereafter to diligently prosecute said cure to completion, or (iii) Tenant commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Landlord to give notice of such default to Tenant), or (iv) Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Wireless Ronin Technologies Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1 (d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Jakks Pacific Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision provisions in the grant of Option to the contrary: contrary (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, cured or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), ) or (iii) during the time Lessee is in Breach of this the Lease, or (iv) in the event that Lessor lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions provision of an Option shall terminate and be of no further force fore or effect, effect notwithstanding Lesseelessee's due and timely exercise of the Option, if, after such exercise and during the term terms of this Lease, Lease (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), __________ or (ii) Lessor gives _____ to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, period whether or not the Defaults are cured, or (iii) if ____________ Lessee commits a Breach of this Leaselease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Vitria Technology Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee Lessor three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month months period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Lessor fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of at Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if it Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Intek Information Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after written notice of a monetary obligation to Lessor is due Lessor from Lessee and unpaid and continuing until the obligation is unpaid (without regard to whether notice thereof is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 1 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee is in default of any of the terms, covenants or conditions of this Lease and Lessee is not diligently prosecuting the cure of such default. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due duty and timely exercise of the Option, if, if after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee)due, or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Rambus Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d) or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12paragraph 13.1(b), or paragraph 13.1(c) month period immediately preceding the exercise of the Option, whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall Options terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Ameriquest Technologies Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13. 4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Temtex Industries Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after the monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Optimumcare Corp /De/)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: contrary (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance outlined in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an any Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or if Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (ii30) days after the date that Lessor gives notice to Lessee such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non- curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Embedded Support Tools Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that even) That Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)39.4 (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after attar such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if it Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Align Technology Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Imagemax Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12paragraph 13.1(b) month period immediately preceding the exercise of the Optionor paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that lessee attempts to exercise the subject of Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits default described in paragraphs 13.1(a), 13.1(d) or 13.1 (e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Cavco Industries Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Advanced Aerodynamics & Structures Inc/)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, . or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Idealab)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee Lessor three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month months period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Multi Tenant Lease (Intek Information Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this the Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), . or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Premium Cigars International LTD)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Launch Media Inc)

Effect of Default on Options. Building D (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option option to the contrary: contrary (i) other than with respect to those Events of Default described in clause “(iii)” below, during the period time commencing with the giving of any notice from an Event of Default under Paragraph 13.1 and continuing until the noticed Event of Default alleged in the notice of default is curedcured (or in the case of an Event of Default under Section 13.1(c), such default’s cure has been commenced and Lessee is continuing diligently to effect a cure), or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid in full, or (iii) during at any time from and after the time Lessee is occurrence of an Event of Default described in Breach Section 13.1(d) (without any necessity of this LeaseLessor to give notice of such default to Lessee) or 13.1(f), or (iv) in if, within the event that twelve (12) consecutive-month period immediately preceding the date of the purported exercise of such Option, Lessor has given to Lessee (A) three (3) or more notices of separate Defaults under Paragraph 13.1 during default pursuant to Section 13.1(b) hereof, (B) three (3) notices of default pursuant to Section 13.1(c), or (C) three (3) notices of default pursuant to the twelve aggregate of either Section 13.1(b) or Section 13.1(c) hereof (12but a notice of default given pursuant to Section 13.1(b) month period immediately preceding the exercise hereof shall be counted toward said three (3) notices of the Optiondefault only if a late charge is payable pursuant to Section 13.4 hereof, whether or not collected, with respect to the Defaults are cureddefault in the payment of rent described in such notice of default), such disability in exercising the Option to remain in effect notwithstanding any cure of the defaults described in such three (3) notices of default. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Xxxxxx’s inability to exercise an Option because of the provisions of Paragraph 39.4(a)Section 42.4(a) above or by reason of the termination of an exercise of an Option pursuant to Section 42.4(c) below. (c) All rights of Lessee under to complete the provisions of transaction contemplated by an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the such Option, if, after such exercise and during the term of this Lease, Lease (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), ) or (ii) an Event of Default described in Section 13.1(d) occurs (without any necessity of Lessor gives to Lessee three (3) or more notices give notice of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Leasesuch default to Lessee).

Appears in 1 contract

Samples: Lease Agreement (Myriad Genetics Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 months period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 38.4(a). (c) All rights of Lessee under the provisions of so an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Office Sublease (Equinix Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All ll rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Eroom System Technologies Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13,1(d) or 13.1 (e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Xoma Corp /De/)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Details Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in In the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is Is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in In the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13. 1, whether or not the Defaults are cured, during the twelve (12) month period immediately Immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, affect. notwithstanding Lessee's due and timely exercise of the Option, if. 11, after such exercise and during the term of this Lease, (i) Lessee fails falls to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, . whether or not the Defaults are curedoccurred, or (iii) if If Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Gross (American Fire Retardant Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph default pursuant to paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3b) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.13.1(c)and continuing (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1 during any twelve (12) month periodb), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1 (c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Immecor Corp)

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Effect of Default on Options. (a) Lessee shall have no the right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any ___________ monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in __________ Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Nanogen Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under default pursuant to Paragraph 13.1 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach Paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise 13.1(b), where a late charge becomes payable under Paragraph 13.4 for each of the Optionsuch defaults, or Paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, Lease (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in Paragraph 13.10 within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in Paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (1213.1(b), where a late charge becomes payable under Paragraph 13.4 for each such default, or paragraph 13.1(c) month period, whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Direct Focus Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1 (e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured. (b) , during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the Subject Option. The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a) (c) . All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Egghead Com Inc/De)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date when Lessor gives to Lessee a notice of Default under Paragraph 13.1 pursuant to paragraph 13.l(b) or 13.l(c) and continuing until the noticed noncompliance alleged in said notice of Default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of Default described in Breach paragraph 13.l(a), 13.l(d), or 13.l(e) without any necessity of this LeaseLessor to give notice of such Default to Lessee, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults are cured, during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 38.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a Default specified in paragraph 13.l(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such Default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a Default described in paragraph 13.1(a), 13.l(d) or 13.l(e) (without any necessity of Lessor to give notice of such Default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Industrial Lease (Transoma Medical Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason reasons of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Steri Oss Inc)

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph paragraph 13.1 and continuing until the noticed Default is cured, ; or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), ; or (iii) during the time Lessee Tenant is in Breach of this Lease, ; or (ivvi) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Default under paragraph 13.1, whether or not the Defaults under Paragraph 13.1 are cured, during the twelve (12) month 12)-month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions provision of Paragraph paragraph 39.4(a). (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults Default under Paragraph paragraph 13.1 during any twelve (12) month 12)-month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Big Dog Holdings Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity or notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in In the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12paragraph 13.1(c) month periodor paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Sagent Technology Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof is given to Lessee)) and continuing until the obligation Is paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of to an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of to this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve paragraph 13.1(c), or paragraph 13.1 (12d) month period, whether or not the Defaults defaults are cured, cured or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Paperclip Imaging Software Inc/De)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, at any time during the twelve (12) month period immediately preceding the exercise of the Optionlease term, whether or not the Defaults are cured, during the 12 month period immediately prededing the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, Option if after such exercise and during the initial term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) two or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Commercial Lease (American Consolidated Management Group Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 12.1 (c) or 12.1 (d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve paragraph 12.1 (12) month period immediately preceding the exercise of the Optionc), or paragraph 12.1(d), whether or not the Defaults defaults are curedcured during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 12.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 36.5(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 12.1 (d) within thirty (3) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve paragraph 12.1(c), or paragraph (12d) month period, whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach including without limitation those described in paragraph 12.1 (b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Ciphergen Biosystems Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Lessor, has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days stays after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Datron Systems Inc/De)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in In the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately Immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Hawker Pacific Aerospace)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12paragraph 13.1(b) month period immediately preceding the exercise of the Optionor paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12paragraph 13.1(b) month periodor paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (T Netix Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(x), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 39.4(x). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1 (c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1 (a), 13.1 (d) or 13.1 (e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1 during any twelve (12) month periodb), or paragraph 13.1 (c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Legends of the Faith Inc)

Effect of Default on Options. (a) 39.4.1 Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1.3 or 13.1.4 and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1.3, or paragraph 13.1.4, whether or not the Defaults defaults are curedcured during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, or (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1.2, or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) 39.4.2 The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)paragraph 39.4.1. (c) 39.4.3 All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Leaselease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1.4 within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1.3, or paragraph 13.1.4 whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1.2, or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Yupi Internet Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding not withstanding any provision in the grant of Option to the contrary: , (i) during the period commencing with the giving of any notice of Default under Paragraph paragraph 13.1 and continuing until the noticed notice of Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or of (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the any twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an the Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a30.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise exercise, and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Advanced Precision Technology Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ; (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, Lease (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 25 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Single Tenant Lease Net (Orthologic Corp)

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Landlord gives to Tenant a notice of Default under Paragraph 13.1 default pursuant to paragraph 14.1 and continuing until the noticed Default default alleged in such notice of default is cured, or (ii) during the period at any time after any other Event of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee)Default described in paragraph 14.1, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph 13.1 paragraph 14.1, or Tenant has committed an Event of Default three or more times under paragraph 14.1, whether or not the Events of Default are cured, in each case during the twelve (12) month period immediately preceding prior to the time that Tenant intends to exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions of Paragraph 39.4(a)the foregoing paragraph. An Option and all rights of Tenant thereunder shall terminate upon the termination or expiration of this Lease or upon the termination of Tenant's right of occupancy under this Lease. (c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term Term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation Tenant commits an Event of Lessee for a period Default which has not been cured or an Event of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default which by its nature cannot be cured under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Leaseparagraph 14.1.

Appears in 1 contract

Samples: Build to Suit Lease (Intuit Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, Option notwithstanding any provision in the grant of Option to the contrary: contrary (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, . or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or a more notices of separate Defaults Default under Paragraph 13.1 13.1. whether or not the Defaults are cured during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a39.44(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or a effect, notwithstanding Lessee's Lessees due and timely exercise of the Option, if. If, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (William Lyon Homes)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under pursuant to Paragraph 13.1 12.1(b) or 12.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach Paragraphs 12.1(a), 12.1(d), or 12.1(e) (without any necessity of this Lease, Lessor to give notice of such default to Lessee) or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 12.1(b), where late charge becomes payable under Paragraph 12.4 for each of such defaults, or Paragraph 12.1(c) whether or not the defaults are cured, during the twelve (12) month period immediately preceding prior to the time that Lessee intends to exercise of the subject Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a40.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in Paragraph 12.1(c) within thirty (30) days after the date that Lessor gives notice of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in Paragraph 12.1(a), 12.1(d) or 12.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month period12.1(b), where a late charge becomes payable under Paragraph 12.4 for each default, or Paragraph 12.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Industrial Lease (Golden West Brewing Company, Inc.)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, Option notwithstanding any provision in the grant of Option to the contrary: (i1) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, ifit, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (CNF Technologies Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those describe in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Scheid Vineyards Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Notify Technology Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or paragraph 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, ; or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee), paid; or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 paragraph 13.1(c) or paragraph 13.1(d), whether or not the defaults are cured, during the twelve (12) month period of time immediately preceding prior to the time that Lessee attempts to exercise the subject Option; or (iv) if Lessee has committed any noncurable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the Optionterms, whether covenants or not the Defaults are curedconditions of this Lease. (b) The period of time within which an Option option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option option because of the provisions of Paragraph 39.4(aparagraph 39.6(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee) within the number of days provided in this Lease for payment of each such monetary obligation, including, but not limited to, the monetary obligations and payment periods specified in Paragraphs 4.2(e), 12.9, 13.1 and 13.4; or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion; (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12paragraph 13.1(c) month periodor paragraph 13.1(d), whether or not the Defaults defaults are cured, ; or (iiiiv) if Lessee commits a Breach has committed any noncurable breach including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Coast Bancorp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date when Lessor gives to Lessee a notice of Default under Paragraph 13.1 pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed noncompliance alleged in said notice of Default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of Default described in Breach paragraph 13.1(a), 13.1(d), or 13.1(e) without any necessity of this LeaseLessor to give notice of such Default to Lessee, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults are cured, during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 38.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a Default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such Default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a Default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such Default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (WTC Industries Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeLxxxxx's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease. __SEE ADDENDUM FOR PARAGRAPH 39.5 AND 39.6.__

Appears in 1 contract

Samples: Long Term Lease (Pacific Research & Engineering Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12paragraph 13.1(b) month period immediately preceding the exercise of the Optionor paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraphs 13.1(a), 13.1(d) or 13.(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial Lease (Mobility Electronics Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is unpaid and Unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or of effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Dental Medical Diagnostic Systems Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if. If, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Doskocil Manufacturing Co Inc)

Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Landlord gives to Tenant a notice of Default under Paragraph 13.1 default and continuing until the noticed Default noncompliance alleged in the notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Landlord is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Tenant) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optiondefault, whether or not the Defaults defaults are cured. (b) , during the 12 month period of time immediately prior to the time that Tenant attempts to exercise the Option. The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) this paragraph. All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee for a period of thirty (30) days after Tenant when such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Tenant fails to commence to cure a default within the applicable grace period after the date that Landlord gives notice to Tenant of such default and/or Tenant fails thereafter to diligently prosecute said cure to completion, or (iii) Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month periodor default, whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease (Smartdisk Corp)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes become due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Anda Networks Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a39.4 (a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if. If , after such exercise and during the term of this Lease, . (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices notice of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease Net (Farah Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in In the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, ifIt, after such exercise and during the term of this Lease, (i) Lessee fails falls to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 131 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if If Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sonicport Com)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of by Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Standard Industrial/Commercial Single Tenant Lease (Combichem Inc)

Effect of Default on Options. (a) Lessee Lessees shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i1) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if. If, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), ; or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Estoppel Certificate (Livingston Enterprises Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, ; or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), ; or (iii) during the time Lessee is in Breach of this Lease, ; or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof thereto to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Lmi Aerospace Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this !his Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 13.1. during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Laser Photonics Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease. See paragraph 39.5 of the attached Addendum.

Appears in 1 contract

Samples: Standard Office Lease (Intellisys Group Inc)

Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a). (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, , (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.

Appears in 1 contract

Samples: Standard Office Lease (Sonic Foundry Inc)

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