Common use of Events of Default by Lessee Clause in Contracts

Events of Default by Lessee. In the event that the rent, or any, part thereof, of any additional rental or other payment shall not be paid on any day when such payment is due and such default shall continue for a period of ten (10) days after written notice by Lessor to Lessee; or if Lessee should fail in the performance of, breach or permit the violation of any of the covenants, conditions, terms, or provisions contained in this lease which on the part of the Lessee ought to be observed, performed or fulfilled and shall fail to cure or make good such failure, breach or violation within thirty (30) days after written notice and demand from Lessor; or if the Demised Premises or any part thereof shall be abandoned; or if Lessee shall be disposed therefrom by or under the authority of anyone other than Lessor; or if Lessee shall file any petition or institute any proceeding under an insolvency or bankruptcy act (or any amendment or addition thereto hereafter made) seeking to effect an arrangement or its reorganization or composition with its creditors; or if in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Demised Premises and be not discharged within ninety (90) days or if the Lessee's estate created hereby shall be taken in execution or by any process of law; or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then, at the option of Lessor, this lease and everything herein contained on the part of the Lessor to be kept and performed shall cease, terminate and be at an end, and Lessor shall be entitled to have again and repossess the Premises as its former estate and Lessee shall be put out. This remedy of forfeiture shall be deemed cumulative and in addition to all other remedies provided by law. In the event Lessor exercises its option to terminate this lease, repossess the Premises and put Lessee out as Exhibit (10.1)-p5

Events of Default by Lessee. In the event that the rent, or any, any part thereof, of any additional rental or other payment shall not be paid on any day when such payment is due and such default shall continue for a period of ten (10) days after written notice by Lessor to Lessee; or if Lessee should fail in the performance of, breach or permit the violation of any of the covenants, conditions, terms, or provisions contained in this lease which on the part of the Lessee ought to be observed, performed or fulfilled and shall fail to cure or make good such failure, breach or violation within thirty (30) days after written notice and demand from Lessor; or if the Demised Premises or any part thereof shall be abandoned; or if Lessee shall be disposed dispossessed therefrom by or under the authority of anyone other than Lessor; or if Lessee shall file any petition or institute any proceeding under an insolvency or bankruptcy act (or any amendment or addition thereto hereafter made) seeking to effect an arrangement or its reorganization or composition with its creditors; or if in any proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Demised Premises and be not discharged within ninety (90) days days; or if the Lessee's estate created hereby shall be taken in execution or by any process of law; or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then, at the option of Lessor, this lease and everything herein contained on the part of the Lessor to be kept and performed shall cease, terminate and be at an end, and Lessor shall be entitled to have again and repossess the Premises as its former estate and Lessee shall be put out. This remedy of forfeiture shall be deemed cumulative and in addition to all other remedies provided by law. In the event Lessor exercises its option to terminate this lease, repossess the Premises and put Lessee out as Exhibit (10.1)-p5herein provided, this shall not relieve Lessee from its obligations to pay rent provided to be paid herein for the remainder of the term of this lease and Lessee shall remain liable to Lessor for any costs or expenses incurred by Lessor in reletting the Premises and for the difference between the rent received upon such reletting and the rent herein specified to be paid by Lessee for the term hereof.

Events of Default by Lessee. In the event that the rent, or any, part thereof, of any additional rental or other payment shall not be paid on any day when such payment is due and such default shall continue for a period of ten (10) days after written notice by Lessor to Lessee; or if Lessee should fail in the performance of, breach or permit the violation The occurrence of any of the covenants, conditions, terms, following shall constitute a material default and breach of this Lease by Lessee. (1) Any failure by Lessee to pay Rent or provisions contained in this lease which on the part of the Lessee ought make any other payment required to be observedmade by Lessee hereunder, where such failure continues for thirty (30) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed or fulfilled and shall fail to cure or make good by the Lessee, where such failure, breach or violation within failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and demand Lessee proceeds to diligently cure the default. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such 10 <PAGE> Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor; or if . (4) The making by Lessee of any general assignment for the Demised Premises or any part thereof shall be abandoned; or if Lessee shall be disposed therefrom benefit of creditors, the filing by or under the authority against Lessee of anyone other than Lessor; a petition to have Lessee adjudged a bankrupt, or if Lessee shall file any a petition or institute any proceeding under an insolvency or bankruptcy act (or any amendment or addition thereto hereafter made) seeking to effect an arrangement or its for reorganization or composition with its creditors; or if in arrangement under any proceedings based on the insolvency of Lessee or law relating to bankruptcy proceedings(unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) days. 20. ESTOPPELS Each party agrees, from time to time, within ten (10) days after request of the other, to deliver to the requesting party, or trustee its designee, an estoppel certificate stating whether or not this Lease is in full force and effect, the date to which Base Rent has been paid, the unexpired term of this Lease and such other factual matters pertaining to this Lease as deemed reasonably necessary by the requesting party. 21. NOTICES Any notice or communication required or permitted in this Lease shall be appointed for Lessee given in writing, sent by (a) personal delivery, or (b) expedited delivery service with proof of delivery, or (c) United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed: if to Lessee, as follows: American Petrofina Pipe Line Company X.X. Xxx 0000 Xxxxxx, Xxxxx 00000 Attn: President and, if to Lessor, as follows: Navajo Pipeline Company X.X. Xxx 000 Xxxxxxx, Xxx Xxxxxx 00000-0000 Attn: President or to such other address or to the Demised Premises attention of such other person as shall be designated by the applicable party and be not discharged within ninety on fifteen (9015) days or if the Lessee's estate created hereby shall be taken in execution or by any process of law; or if Lessee shall admit notice from time to time in writing its inability to pay its obligations generally as they become due, then, at the option of Lessor, this lease and everything herein contained on the part of the Lessor to be kept and performed shall cease, terminate and be at an end, and Lessor shall be entitled to have again and repossess the Premises as its former estate and Lessee shall be put outsent in accordance herewith. This remedy of forfeiture Any such notice or communication shall be deemed cumulative and to have been given either at the time of personal delivery or, in addition to all other remedies provided by lawthe case of delivery service or mail, upon receipt. In the event Lessor exercises its option to terminate this lease, repossess the Premises and put Lessee out as Exhibit (10.1)-p522.

Events of Default by Lessee. In the event that the rent, or any, part thereof, of any additional rental or other payment shall not be paid on any day when such payment is due and such default shall continue for a period of ten (10) days after written notice by Lessor to Lessee; or if Lessee should fail in the performance of, breach or permit the violation The occurrence of any of the covenants, conditions, terms, following shall constitute a material default and breach of this Lease by Lessee: (1) Any failure by Lessee to pay Rent or provisions contained in this lease which on the part of the Lessee ought make any other payment required to be observedmade by Lessee hereunder, where such failure continues for thirty (30) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed or fulfilled and shall fail to cure or make good by the Lessee, where such failure, breach or violation within failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and demand Lessee proceeds to diligently cure the default. (3) Any failure of Lessee's representations or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur if such representation or warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor; or if . (4) The making by Lessee of any general assignment for the Demised Premises or any part thereof shall be abandoned; or if Lessee shall be disposed therefrom benefit of creditors, the filing by or under the authority against Lessee of anyone other than Lessor; a petition to have Lessee adjudged a bankrupt, or if Lessee shall file any a petition or institute any proceeding under an insolvency or bankruptcy act (or any amendment or addition thereto hereafter made) seeking to effect an arrangement or its for reorganization or composition with its creditors; or if in arrangement under any proceedings based on the insolvency of Lessee or law relating to bankruptcy proceedings(unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver or trustee shall be appointed for to take possession that is not restored to Lessee or the Demised Premises and be not discharged within ninety thirty (9030) days or if the Lessee's estate created hereby shall be taken in execution or by any process of law; or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then, at the option of Lessor, this lease and everything herein contained on the part of the Lessor to be kept and performed shall cease, terminate and be at an end, and Lessor shall be entitled to have again and repossess the Premises as its former estate and Lessee shall be put outdays. This remedy of forfeiture shall be deemed cumulative and in addition to all other remedies provided by law. In the event Lessor exercises its option to terminate this lease, repossess the Premises and put Lessee out as Exhibit (10.1)-p520.