Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 70 contracts
Samples: Arbitration Agreement (Brownie's Marine Group, Inc), Multi Tenant Office Lease (America Great Health), Net Lease (Dave Inc./De)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 46 contracts
Samples: Sublease (Digirad Corp), Arbitration Agreement (Nextest Systems Corp), Lease Extension Agreement (Alphatec Holdings, Inc.)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 8 contracts
Samples: Immune Response Corp, Eschelon Telecom Inc, Lease (California Amplifier Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, ; (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), ; (iii) during the time Lessee is in Breach of this Lease, ; or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 8 contracts
Samples: Non Disturbance and Attornment Agreement (Anadys Pharmaceuticals Inc), Arbitration Agreement (Digital Entertainment Network Inc), Biomarin Pharmaceutical Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid other than through advertence (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 5 contracts
Samples: Digitalthink Inc, Sew Cal Logo Inc, Sew Cal Logo Inc
Effect of Default on Options. (a) 19.2.1 Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent that is then due is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 4 contracts
Samples: Assignment of Lease (Vital Therapies Inc), Genelux Corp, Genelux Corp
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate DefaultDefault on 3 separate occasions, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 4 contracts
Samples: Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC), Confidential Treatment (Ascend Wellness Holdings, LLC), Confidential Treatment Requested Redacted (Ascend Wellness Holdings, LLC)
Effect of Default on Options. (a) Lessee Subtenant shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given LesseeSubtenant), (iii) during the time Lessee Subtenant is in Breach of this LeaseSublease, or (iv) in the event that Lessee Subtenant has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 3 contracts
Samples: Sublease Commencement Date Agreement (Interwoven Inc), Sublease Commencement Date Agreement (Ariba Inc), Lease (Interwoven Inc)
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given LesseeTenant), (iii) during the time Lessee Tenant is in Breach of this Lease, or (iv) in the event that Lessee Tenant has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 3 contracts
Samples: covinaca.gov, Fortunet, Inc., Fortunet, Inc.
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately Immediately preceding the exercise of the Option.
Appears in 2 contracts
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: ; (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 2 contracts
Samples: Letter Agreement (SMTC Corp), Letter Agreement (SMTC 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 said the noticed Default is cured, or (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee Tenant is in Breach of this Lease, or (iviii) in the event that Lessee Landlord has been given 3 to Tenant three (3) or more notices of separate Default, whether or not the Defaults are cured, under Paragraph 13.1 during the 12 twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
Appears in 2 contracts
Samples: Accelrys, Inc., Symyx Technologies Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.. (See Addendum Paragraph 81)
Appears in 2 contracts
Samples: Lease (Capstone Turbine Corp), Capstone Turbine Corp
Effect of Default on Options. (a) Lessee shall have no right to exercise an any Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given give Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 2 contracts
Samples: Office Lease, Office Lease
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or -------------------------------------------------------------------------------- Exhibits Page 25 more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 2 contracts
Samples: Essxsport Corp, Essxsport Corp
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in In the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 2 contracts
Samples: Quality Systems Inc, uWink, Inc.
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid monetary (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate monetary Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 2 contracts
Samples: Equinix Inc, Equinix Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.,
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an the Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, ; (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), ; (iii) during the time Lessee is in Breach of this Lease, ; or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option: (v) becoming a "debtor" as defined in U.S.C. Sec. 101 during the term of this Lease.
Appears in 1 contract
Samples: National Scientific Corp/Az
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and after applicable cure periods continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Lease (Osmetech PLC)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event vent that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Divine Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i1) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, ; (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), ; (iiiIli) during the time Lessee is in Breach of this Lease, ; or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Relocation Agreement (Tangible Asset Gallaries Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate material Default, whether or not the material Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Homegrocer Com Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is Is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate DefaultDefault for failure to pay Rent, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether provided that notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an the Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: North Valley Bancorp
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices notices, of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: United Defense Industries Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard subject to whether applicable notice thereof is given Lessee)and cure periods, (iii) during the time Lessee is in Breach of this LeaseLease subject to applicable notice and cello periods, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately Immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Work Letter Agreement (Nexsan Corp)
Effect of Default on Options. (a) 19.2.1 Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Base Rent that is then due is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three or more notices of separate Default, whether or not the Defaults are cured, Default which remain uncured during the 12 month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Tandem Diabetes Care Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: , (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, or (ii) during the period of time any Rent rent is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this LeaseLessee, or (iv) in the event that Lessor has given to Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Cerus Corp
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period performed immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Diversified Opportunities, Inc.
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, cured during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Micrel Inc
Effect of Default on Options. (a) Lessee shall have no not right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Single Tenant Lease (Invivo Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of material Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in material Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate material Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Masimo Corp
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Oft Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.,
Appears in 1 contract
Samples: Nextest Systems Corp
Effect of Default on Options. (a) Lessee shall hall have no right to exercise an Optionoption: (iI) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent rent is unpaid (without regard to whether provided that notice thereof is given Lessee), (iiiLessee).(iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Impco Technologies Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is Is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Guitar Center Inc
Effect of Default on Options. (a) 18.4.1. Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether Whether or not the Defaults are cured, during the 12 twelve (12)- month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Center Lease (Yoshiharu Global Co.)
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 said the noticed Default is cured, or (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iviii) in the event that Lessor has given to Lessee has been given 3 three (3) or more notices of separate DefaultDefaults under Paragraph 13.1, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: option; (iI) during the period commencing with the giving of any notice of Default and continuing coninuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this LeaseLease (following expiration of any applicable notice an cure periods), or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Lifepoint Inc
Effect of Default on Options. (aA) Lessee shall have no right to exercise an Option: Option (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, ; (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), ; (iii) during the time Lessee is in Breach of this Lease, ; or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.; (v) becoming a "
Appears in 1 contract
Samples: Sysview Technology, Inc.
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are curedaired, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: Option (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Office Lease (Icon Vapor, Inc.)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is Is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately Immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Reeds Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time the Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Veterinary Centers of America Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any arty Rent is unpaid (without regard to whether notice thereof is given Lessee), ; (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults to Default are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option. 22 (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).
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of monetary Default and continuing until said monetary Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in monetary Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate monetary Default, whether or not the monetary Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent 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 Lessee has been given 3 three (3) or more valid notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Standard Lease Agreement (Sirena Apparel Group Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 more than one (1) notice of separate Default, whether or not the Default is cured, during the twelve (12) month period immediately preceding the exercise of the Option or in the event that Lessee has been given three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the OptionTerm.
Appears in 1 contract
Samples: Overhill Farms Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, ; (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), ; (iii) during the time Lessee is in Breach of this Lease, ; or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, Default whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Avid Sportswear & Golf Corp
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: Option (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, or (ii) during the period of time any Rent 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 Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 any twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Us Search Corp Com
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Converse Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding preceeding the exercise of the Option.
Appears in 1 contract
Samples: Mediaplex Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving occurrence of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 committed three (3) or more notices of separate DefaultDefaults, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Variflex Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, . (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given to Lessee), (iii) during the time Lessee is I s in Breach Bxxxx of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Netguru Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.. ________ ________ INITIALS INITIALS
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate DefaultDefault on 3 separate occasions, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Lease (Zenlabs Holdings Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: , (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, ; (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), ; (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Accelerated Networks Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is overdue and unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 in good faith three (3) or more notices of separate monetary Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Improvement Agreement (Introbiotics Phamaceuticals Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of or the Option.
Appears in 1 contract
Samples: Trimedyne Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is due and unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Stevanato Group S.p.A.
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 five (5) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Chromavision Medical Systems Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is Is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in In Breach of this Lease, or (ivIv) in In the event that Lessee has been boon given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding 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(e).
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period performed immediately preceding 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).
Appears in 1 contract
Samples: Sugarmade, Inc.
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given to Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.. [Initial]
Appears in 1 contract
Samples: Briazz Inc
Effect of Default on Options. (a) a. Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent which is then due and payable is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: . (iI) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii11) during the period of time any Rent is IS unpaid (without regard to whether notice thereof is IS given Lessee), (iiiIII) during the time Lessee is in Breach of this Lease, or (ivIV) in the event that Lessee has been given 3 or more notices of separate Default, whether or not riot the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Office Lease Gross (VIASPACE Inc.)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (iI) during the period commencing with the giving of any notice of Default and continuing until said Default is curedcared, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately Immediately preceding the exercise of the Option.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any valid notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent 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 Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the OptionOption or (v) if Lessee has been delinquent in paying Base Rent more than six (6) times during the lease term.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate DefaultDefault regarding the payment of Rent, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Entorian Technologies Inc
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said raid Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: California Software Corp
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said such Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 three (3) or more notices of separate Default, whether or not the Defaults are cured, during the 12 twelve (12) month period immediately preceding the exercise of the Option.
Appears in 1 contract
Samples: Converse Inc