Common use of Elements of Default Clause in Contracts

Elements of Default. If any one or more of the following events occur, said event or events shall constitute a "default": (a) Tenant's failure to take possession of the Leased Premises within thirty (30) days following the delivery of possession date, or Tenant's failure to open its doors for business within thirty (30) days following the date specified in Section 2.3 above, or Tenant's abandonment of the Leased Premises, or Tenant's failure during the Operating Covenant Period to maintain normal inventory levels and employee staff for the conduct of its normal business activities in the Leased Premises, or Tenant's failure during the Operating Covenant Period to continuously operate its business in compliance with Section 5.2 for the purposes specified in Section 5.1; (b) the failure of Tenant to pay any rent or other charges required to be paid by Tenant when same shall become due and payable hereunder, if such failure continues for a period of ten (10) days after written notice; (c) the failure of Tenant to perform or observe any term or condition of this Lease (other than as set forth in subparagraphs (a), (b), (e) and (f) of this Section 15.1), if such failure shall continue for thirty (30) days after written notice; (d) if Tenant shall be given two (2) notices of default under Section 15.1(b) or 15.1(c) within any period of twelve (12) consecutive months, notwithstanding any subsequent cure of the failure to perform or observe the terms or conditions of this Lease as identified in such notices, and shall thereafter again commit a breach of this Lease within said twelve (12) month period of the sort described in Section 15.1(b) or 15.1(c) respectively; (e) if any writ of execution, levy, attachment or other legal process of law shall occur with respect to Tenant's assets, merchandise or fixtures or Tenant's estate or interest in the Leased Premises and shall not be discharged or bonded against within thirty (30) days; or (f) if Tenant shall be liquidated or dissolved or shall begin proceedings toward such liquidation or dissolution, or shall in any manner permit the divestiture of all or any substantial part of Tenant's assets.

Elements of Default. If any one or more of the following events occur, said event or events shall constitute hereby be classified as a "default": (a) Tenant's (i) the failure of Tenant to take possession of the Leased Premises within thirty (30) days following at the delivery Delivery of possession datePossession Date, or Tenant's (ii) the failure of Tenant to open its doors for business within thirty (30) days following on the date specified in Section 2.3 above1.3 hereof, or Tenant's abandonment of (iii) if Tenant vacates or abandons the Leased PremisesPremises and permits the same to remain unoccupied and unattended, or Tenant's failure during the Operating Covenant Period (iv) if Tenant fails to maintain normal inventory levels and employee staff for the conduct of its normal business activities in the Leased Premises, or Tenant's (v) the failure during the Operating Covenant Period of Tenant to continuously operate its business in compliance with Section 5.2 4.2 for the purposes specified in Section 5.14.1, or (vi) in the event of the sale or removal of a substantial portion of Tenant's property located in the Leased Premises in a manner which is outside the ordinary course of Tenant's business; (b) the failure of Tenant to pay any rent Rent or other charges required to be paid by Tenant when same shall become due and payable hereunder, if hereunder and such failure continues for a period of ten (10) days after written notice; (c) the failure of Tenant to perform or observe any term or condition of this Lease (other than as set forth in subparagraphs (a), (b), (e) and (f) of this Section 15.1), if such failure shall continue for thirty (30) days after written notice; (d) if Tenant shall be given two (2) notices of default under Section 15.1(b) or 15.1(c) within any period of twelve (12) consecutive months, notwithstanding any subsequent cure of the failure to perform or observe the terms or conditions of this Lease as identified in such notices, and shall thereafter again commit a breach of this Lease within said twelve (12) month period of the sort described in Section 15.1(b) or 15.1(c) respectively; (e) if any writ of execution, levy, attachment or other legal process of law shall occur with respect to upon Tenant's assets, merchandise or fixtures merchandise, fixtures, or Tenant's estate or interest in the Leased Premises and shall not be discharged or bonded against within thirty (30) daysPremises; or (f) if Tenant shall be liquidated or dissolved or shall begin proceedings toward such liquidation or dissolution, or shall in any manner permit the divestiture of all all, or any substantial part of Tenant's assets. In the event of (i) a default which results in a total monetary outstanding balance on excess of $20,000.00 or (ii) a default pursuant to Section 14.1 (a) (iii) of this Lease, which shall not be remedied within the applicable grace period, if any, by Tenant under this Lease or by the tenant in any of the "other leases" (as hereinafter defined), then Landlord may, upon ten (10) days prior notice in writing to Tenant, declare such default to be a default of this Lease (unless the default is cured within the ten day period after notice) and, at Landlord's option, a default of any of the "other leases," as the case may be. Landlord and Tenant acknowledge that Tenant or the parent, subsidiary or affiliate of Tenant (by virtue of common ownership or control, direct or indirect) has presently, or may in the future, enter into lease agreements with Landlord (or with any person or entity which is affiliated with Landlord, or which directly or indirectly controls or is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) for the shopping centers commonly referred to as Ontario Mills, Potomac Mills, Franklin Milxx, Xurnee Mills, Xxwgxxxx Xxxxx, Xrapevine Xxxxx, Arizona Mxxxx, Katy Mills axx Xxncord Mills (xxxh xxxxxx xx be referred tx xx "other leases"). Nothing contained herein shall be deemed a limitation of the rights of Landlord as set forth in this Lease or any of the "other leases."

Elements of Default. If any one or more of the following events occur, said event or events shall constitute hereby be classified as a "default": (a) Tenant's (i) the failure of Tenant to take possession of the Leased Premises within thirty (30) days following at the delivery Delivery of possession datePossession Date, or Tenant's (ii) the failure of Tenant to open its doors for business within thirty (30) days following on the date specified in Section 2.3 above1.3 hereof, or Tenant's abandonment of (iii) if Tenant vacates or abandons the Leased PremisesPremises and permits the same to remain unoccupied and unattended, or Tenant's failure during the Operating Covenant Period (iv) if Tenant fails to maintain normal inventory levels and employee staff for the conduct of its normal business activities in the Leased Premises, or Tenant's (v) the failure during the Operating Covenant Period of Tenant to continuously operate its business in compliance with Section 5.2 4.2 for the purposes specified in Section 5.14.1, or (vi) in the event of the sale or removal of a substantial portion of Tenant's property located in the Leased Premises in a manner which is outside the ordinary course of Tenant's business; (b) the failure of Tenant to pay any rent Rent or other charges required to be paid by Tenant when same shall become due and payable hereunder, if hereunder and such failure continues for a period of ten (10) days after written notice; (c) the failure of Tenant to perform or observe any term or condition of this Lease (other than as set forth in subparagraphs (a), (b), (e) and (f) of this Section 15.1), if such failure shall continue for thirty (30) days after written notice; (d) if Tenant shall be given two (2) notices of default under Section 15.1(b) or 15.1(c) within any period of twelve (12) consecutive months, notwithstanding any subsequent cure of the failure to perform or observe the terms or conditions of this Lease as identified in such notices, and shall thereafter again commit a breach of this Lease within said twelve (12) month period of the sort described in Section 15.1(b) or 15.1(c) respectively; (e) if any writ of execution, levy, attachment or other legal process of law shall occur with respect to upon Tenant's assets, merchandise or fixtures merchandise, fixtures, or Tenant's estate or interest in the Leased Premises and shall not be discharged or bonded against within thirty (30) daysPremises; or (f) if Tenant shall be liquidated or dissolved or shall begin proceedings toward such liquidation or dissolution, or shall in any manner permit the divestiture of all all, or any substantial part of Tenant's assets. In the event of (i) a default which results in a total monetary outstanding balance in excess of $20,000.00 or (ii) a default pursuant to Section 14.1 (a) (iii) of this Lease, which shall not be remedied within the applicable grace period, if any, by Tenant under this Lease or by the tenant in any of the "other leases" (as hereinafter defined), then Landlord may, upon ten (10) days prior notice in writing to Tenant, declare such default to be a default of this Lease (unless the default is cured within the ten day period after notice) and, at Landlord's option, a default of any of the "other leases," as the case may be. Landlord and Tenant acknowledge that Tenant or the parent, subsidiary or affiliate of Tenant (by virtue of common ownership or control, direct or indirect) has presently, or may in the future, enter into lease agreements with Landlord (or with any person or entity which is affiliated with Landlord, or which directly or indirectly controls or is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) for the shopping centers commonly referred to as Ontario Xxxxx, Potomac Xxxxx, Xxxxxxxx Xxxxx, Gurnee Xxxxx, Sawgrass Xxxxx, Grapevine Xxxxx, Arizona Xxxxx, and The Block at Orange and Concord Xxxxx (such leases to be referred to as "other leases"). Nothing contained herein shall be deemed a limitation of the rights of Landlord as set forth in this Lease or any of the "other leases."

Elements of Default. If any one or more of the following events occur, said event or events shall constitute hereby be classified as a "default": (a) Tenant's (i) the failure of Tenant to take possession of the Leased Premises within thirty (30) days following at the delivery Delivery of possession datePossession Date, or Tenant's (ii) the failure of Tenant to open its doors for business within thirty (30) days following on the date specified in Section 2.3 above1.3 hereof, or Tenant's abandonment of (iii) if Tenant vacates or abandons the Leased PremisesPremises and permits the same to remain unoccupied and unattended, or Tenant's failure during the Operating Covenant Period (iv) if Tenant fails to maintain normal inventory levels and employee staff for the conduct of its normal business activities in the Leased Premises, or Tenant's (v) the failure during the Operating Covenant Period of Tenant to continuously operate its business in compliance with Section 5.2 4.2 for the purposes specified in Section 5.14.1, or (vi) in the event of the sale or removal of a substantial portion of Tenant's property located in the Leased Premises in a manner which is outside the ordinary course of Tenant's business; (b) the failure of Tenant to pay any rent Rent or other charges required to be paid by Tenant when same shall become due and payable hereunder, if hereunder and such failure continues for a period of ten (10) days after written notice; (c) the failure of Tenant to perform or observe any term or condition of this Lease (other than as set forth in subparagraphs (a), (b), (e) and (f) of this Section 15.1), if such failure shall continue for thirty (30) days after written notice; (d) if Tenant shall be given two (2) notices of default under Section 15.1(b) or 15.1(c) within any period of twelve (12) consecutive months, notwithstanding any subsequent cure of the failure to perform or observe the terms or conditions of this Lease as identified in such notices, and shall thereafter again commit a breach of this Lease within said twelve (12) month period of the sort described in Section 15.1(b) or 15.1(c) respectively; (e) if any writ of execution, levy, attachment or other legal process of law shall occur with respect to upon Tenant's assets, merchandise or fixtures merchandise, fixtures, or Tenant's estate or interest in the Leased Premises and shall not be discharged or bonded against within thirty (30) daysPremises; or (f) if Tenant shall be liquidated or dissolved or shall begin proceedings toward such liquidation or dissolution, or shall in any manner permit the divestiture of all all, or any substantial part of Tenant's assets. In the event of (i) a default which results in a total monetary outstanding balance in excess of $20,000.00 or (ii) a default pursuant to Section 14.1 (a) (iii) of this Lease, which shall not be remedied within the applicable grace period, if any, by Tenant under this Lease or by the tenant in any of the "other leases" (as hereinafter defined), then Landlord may, upon ten (10) days prior notice in writing to Tenant, declare such default to be a default of this Lease (unless the default is cured within the ten day period after notice) and, at Landlord's option, a default of any of the "other leases," as the case may be. Landlord and Tenant acknowledge that Tenant or the parent, subsidiary or affiliate of Tenant (by virtue of common ownership or control, direct or indirect) has presently, or may in the future, enter into lease agreements with Landlord (or with any person or entity which is affiliated with Landlord, or which directly or indirectly controls or is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) for the shopping centers commonly referred to as Ontario Mills, Potomac Mills, Franklin Xxxxx, Gurnee Mixxx, Sawxxxxx Xxxxx, Xxapevine Mixxx, Arizona Milxx, xnd The Block xx Xrange and Xxxx Mills (such leases to be rexxxxxx xx as "other leases"). Nothing contained herein shall be deemed a limitation of the rights of Landlord as set forth in this Lease or any of the "other leases."

Elements of Default. If any one or of more of the following events occur, said event or events shall constitute hereby be classified as a "default": (a) Tenant's (i) the failure of Tenant to take possession of the Leased Premises within thirty at the Delivery of Possession Date, (30ii) days following the delivery failure of possession date, or Tenant's failure Tenant to open its doors for business within thirty (30) days following on the date specified in Section 2.3 above1.2 hereof, (iii) if Tenant vacates or Tenant's abandonment of abandons the Leased PremisesPremises and permits the same to remain unoccupied and unattended, or Tenant's failure during the Operating Covenant Period (iv) if Tenant fails to maintain normal inventory levels and employee staff for the conduct of its normal business activities in the Leased Premises, or Tenant's failure during the Operating Covenant Period (v) if Tenant fails to continuously operate its business in compliance with Section 5.2 4.2 hereof, (vi) if Tenant fails to operate for the purposes specified in Section 5.14.1 hereof, (vii) in the event of the sale or removal of a substantial portion of Tenant's property located in the Leased Premises in a manner which is outside the ordinary course of Tenant's business; (b) the failure of Tenant to pay any rent Rent or other charges required to be paid by Tenant when same shall become due and payable hereunder, if hereunder and such failure continues for a period of ten (10) days after written notice; (c) the failure of Tenant to perform or observe any term or condition of this Lease (other than as set forth including the obligation specified in subparagraphs (a), (b), (eSection 14.3) and (f) of this Section 15.1), if such failure shall continue for thirty (30) days after written notice; (d) if Tenant shall be given two three (23) notices of default under Section 15.1(bsubparagraphs (b) or 15.1(c(c) within any period of twelve eighteen (1218) consecutive months, notwithstanding any subsequent cure of the failure to perform or observe the terms or conditions of this the Lease as identified in such notices, and shall thereafter again commit a breach of this Lease within said twelve (12) month period of the sort described in Section 15.1(b) or 15.1(c) respectively; (e) if any writ of execution, levy, attachment or other legal process of law shall occur with respect to upon Tenant's assets, merchandise or fixtures merchandise, fixtures, or Tenant's estate or interest in the Leased Premises and shall not be discharged or bonded against within thirty (30) daysPremises; or (f) if Tenant shall be liquidated or dissolved or shall begin proceedings toward such liquidation or dissolution, or shall in any manner permit the divestiture of all all, or any substantial part of Tenant's assets; (g) Landlord and Tenant acknowledge that Tenant or the parent, subsidiary or affiliate of Tenant (by virtue of common ownership or control, direct or indirect) has presently, or may in the future, enter into lease agreements with Landlord (or with any person or entity which is affiliated with Landlord, or which directly or indirectly controls or is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) (such leases to be referred to as "other leases"), and, in the event of default which shall not be remedied within the applicable grace period, if any, by Tenant under this Lease or by the tenant in any of the "other leases", then Landlord may, upon notice in writing to Tenant, declare such default to be a default of this Lease and, at Landlord's option, a default of any of the "other leases", as the case may be. Nothing contained herein shall be deemed a limitation of the rights of Landlord as set forth in this Lease or any of the "other leases".

Elements of Default. If any one or of more of the following events occur, said event or events shall constitute hereby be classified as a "default": (a) Tenant's (i) the failure of Tenant to take possession of the Leased Premises within thirty at the Delivery of Possession Date, (30ii) days following the delivery failure of possession date, or Tenant's failure Tenant to open its doors for business within thirty (30) days following on the date specified in Section 2.3 above1.2 hereof, (iii) if Tenant vacates or Tenant's abandonment of abandons the Leased PremisesPremises and permits the same to remain unoccupied and unattended, or Tenant's failure during the Operating Covenant Period (iv) if Tenant fails to maintain normal inventory levels and employee staff for the conduct of its normal business activities in the Leased Premises, or Tenant's failure during the Operating Covenant Period (v) if Tenant fails to continuously operate its business in compliance with Section 5.2 4.2 hereof, (vi) if Tenant fails to operate for the purposes specified in Section 5.14.1 hereof, (vii) in the event of the sale or removal of a substantial portion of Tenant's property located in the Leased Premises in a manner which is outside the ordinary course of Tenant's business; (b) the failure of Tenant to pay any rent Rent or other charges required to be paid by Tenant when same shall become due and payable hereunder, if hereunder and such failure continues for a period of ten (10) days after written notice; (c) the failure of Tenant to perform or observe any term or condition of this Lease (other than as set forth including the obligation specified in subparagraphs (a), (b), (eSection 14.3) and (f) of this Section 15.1), if such failure shall continue for thirty (30) days after written notice; (d) if Tenant shall be given two (2) notices of default under Section 15.1(b) or 15.1(c) within any period of twelve (12) consecutive months, notwithstanding any subsequent cure of the failure to perform or observe the terms or conditions of this Lease as identified in such notices, and shall thereafter again commit a breach of this Lease within said twelve (12) month period of the sort described in Section 15.1(b) or 15.1(c) respectively; (e) if any writ of execution, levy, attachment or other legal process of law shall occur with respect to upon Tenant's assets, merchandise or fixtures merchandise, fixtures, or Tenant's estate or interest in the Leased Premises and shall not be discharged or bonded against within thirty (30) daysPremises; or (f) if Tenant shall be liquidated or dissolved or shall begin proceedings toward such liquidation or dissolution, or shall in any manner permit the divestiture of all all, or any substantial part of Tenant's assets.; (g) Landlord and Tenant acknowledge that Tenant or the parent, subsidiary or affiliate of Tenant (by virtue of common ownership or control, direct or indirect) has presently, or may in the future, enter into lease agreements with Landlord (or with any person or entity which is affiliated with Landlord, or which directly or indirectly controls or is controlled by, or is under common control with Landlord, or which is managed by the managing agent utilized by Landlord for the Shopping Center) (such leases to be referred to as "other leases"), and, in the event of "~ which shall not be remedied within the applicable grace period, if any, by Tenant under this Lease or by the tenant in any of the "other leases", then Landlord may, upon notice in writing to Tenant, declare such default to be a default of this Lease and, at Landlord's option, a default of any of the "other leases", as the case may be. Nothing contained herein shall be deemed a limitation of the rights of Landlord as set forth in this Lease or any of the "other leases". SEE ATTACHED RIDER FOR INSERTS

Elements of Default. If any one or more of the following events occur, said event or events shall constitute hereby be classified as a "default"" as that term is used throughout this Lease: (aa)(i) Tenant's the failure of Tenant to take possession of the Leased Premises within thirty (30) days following at the delivery Delivery of possession datePossession Date, or Tenant's (ii) the failure of Tenant to open its doors for business within thirty (30) days following after on the date specified in Section 2.3 aboveI.3 hereof, or Tenant's abandonment of (iii) if Tenant vacates or abandons the Leased PremisesPremises and permits the same to remain unoccupied and unattended for three (3) days after written or telephone notice, or Tenant's failure during the Operating Covenant Period (iv) if Tenant fails to maintain normal inventory levels and employee staff for the conduct of its normal business activities in the Leased PremisesPremises for three (3) days after written or telephone notice, or Tenant's (v) the failure during the Operating Covenant Period of Tenant to continuously operate its business in compliance with Section 5.2 4.2 for the purposes specified in Section 5.14.1 and Tenant fails to cure the same within ten (10) days after written notice, or (vi) in the event of the sale or removal of a substantial portion of Tenant's property located in the Leased Premises in a manner which is outside the ordinary course of Tenant's business; (b) the failure of Tenant to pay any rent Rent or other charges required to be paid by Tenant when same shall become due and payable hereunder, if hereunder and such failure continues for a period of ten (10) days after written notice; (c) the failure of Tenant to perform or observe any term or condition of this Lease (other than as set forth in subparagraphs (a), (b), (e) and (f) of this Section 15.1), if such failure shall continue for thirty (30) days after written notice; provided, however, such period shall be extended for an additional reasonable period if Tenant has diligently commenced the curing of such default within the thirty (30) days period and is diligently pursuing the same to completion, but in no event shall either the thirty (30) days period or any extension thereof apply to Tenant's covenant to operate pursuant to Article IV of this Lease, unless the same is excused pursuant to Article IX or Article X of this Lease; (d) if Tenant shall be given two three (23) notices of the same default under Section 15.1(bsubparagraphs (b) or 15.1(c(c) within any period of twelve eighteen (1218) consecutive months, notwithstanding any subsequent cure of the failure to perform or observe the terms or conditions of this Lease as identified in such notices, and shall thereafter again commit a breach of this Lease within said twelve (12) month period of the sort described in Section 15.1(b) or 15.1(c) respectively; (e) if any writ of execution, levy, attachment or other legal process of law shall occur with respect to upon a substantial and material part of Tenant's assets, merchandise or fixtures merchandise, fixtures, or Tenant's estate or interest in the Leased Premises and shall not be discharged or bonded against within thirty (30) daysPremises; or (f) if Tenant shall be liquidated or dissolved or shall begin proceedings toward such liquidation or dissolution, or shall in any manner permit the divestiture of all all, or any substantial part of Tenant's assets.