Events of Default by Lessor. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessor.
(1) A failure by Lessor to observe and perform any material provision or covenant of this Lease to be observed or performed by the Lessor, where such failure continues for thirty (30) days after written notice thereof by Lessee to Lessor, 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 Lessor proceeds to diligently cure the default.
(2) Any failure of Lessor's representatives 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 Lessee.
(3) The making by Lessor of any general assignment for the benefit of creditors, the filing by or against Lessor of a petition to have Lessor adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessor, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessor within thirty (30) days.
Events of Default by Lessor. The following shall each constitute an Event of Default by Lessor.
(a) Lessor breaches or fails to perform or comply with any material covenant or agreement set forth in this Lease and such failure continues for a period of thirty (30) days after written notice thereof from Lessee to Lessor; provided that if Lessor proceeds with due diligence during such thirty (30) day period to cure such breach and is unable by reason of the nature of the work involved using commercially reasonable efforts to cure the same within the said thirty (30) days, Lessor’s time to do so shall be extended by the time reasonably necessary to cure the same.
(b) Fraud or intentional misrepresentation by Lessor with respect to any of the covenants or agreements of this Lease.
(c) Lessor has an Event of Default which results in termination under the Net Metering Power Purchase Agreement.
Events of Default by Lessor. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessor.
Events of Default by Lessor. Any of the following events, if --------------------------- occurring during the term of this Lease Agreement, shall constitute an event of default by Lessor (a "Lessor Event of Default"):
(a) any default or breach of Lessor's obligation to pay any amount payable by Lessor to Lessee hereunder, in accordance with the terms of this Lease Agreement, and Lessor's continuance in such default or breach for a period of five (5) business days after Lessee shall have first sent written notice to Lessor of the default or breach so occurring;
(b) any default or breach of Lessor's covenants and obligations under any other provision of this Lease Agreement, and Lessor's continuance in such default or breach for a period of thirty (30) days after Lessee shall have first sent written notice to Lessor of the default or breach so occurring; or
(c) the voluntary or involuntary filing of any petition or similar pleading, or the commencement of any proceeding, by or against Lessor under any federal or state bankruptcy, insolvency, reorganization, arrangement of debt, readjustment of debt or receivership law or statute, whether now or hereafter in existence, or the assignment of all or a substantial portion of Lessor's property for the benefit of creditors, or the appointment of a receiver, trustee, or liquidator for all or a substantial portion of Lessor's property; provided, that such bankruptcy or insolvency proceedings or such -------- assignments for the benefit of creditors or such appointment of a receiver, trustee, or liquidator is not discharged, vacated, dismissed, or otherwise terminated within sixty (60) days after the filing of same or a valid appeal therefrom shall not be pending.
Events of Default by Lessor. LESSOR will be considered in default under this Agreement if it:
4.2.1 will be in default under any provisions of this Agreement, and such default continues for a period of ninety (90) days after notice thereof by LESSEE; or
4.2.2 applies for or consents to the appointment of a receiver, trustee or liquidator of all or a substantial part of its assets, admits in writing its inability to pay its debts generally as they become due, makes a general assignment for the benefit of creditors, seeks an arrangement with creditors or takes advantage of any insolvency proceeding, or if any order, judgment or decree is entered by any court of competent jurisdiction on the application of a creditor declaring the defaulting party insolvent or approving a petition for liquidation or seeking reorganization of the defaulting party of all or a substantial part of its assets and such order, judgment or decree continues unsatisfied and in effect for a period of sixty (60) consecutive days after the date of such order, judgment or decree.
Events of Default by Lessor. The following events shall be deemed to be "Events of Default" by Lessor under this Lease:
(a) Lessor's breach of or failure to comply with any term, provision, representation, warranty or covenant of this Lease, and
(i) Lessor's failure to make a payment due from Lessor under this Lease or apply appropriate credit to Lessee as specified herein within ten (10) days after actual receipt by Lessor of notice from Lessee of Lessor's failure to pay the past due amounts or apply the appropriate credit, or
(ii) For nonmonetary obligations, Lessor's failure to cure such breach or non-compliance within thirty (30) days after actual receipt of notice thereof from Lessee or such longer time as may reasonably be required to cure the default.
Events of Default by Lessor. Each of the following events shall constitute an "Event of Default by Lessor":
1. Lessor fails after receipt of written notice from Lessee to keep, perform or observe any term, covenant or condition herein contained to be kept, performed, or observed by Lessor and such failure continues for thirty (30) days, or if by its nature such Event of Default by Lessor cannot be cured within such thirty (30) day period, Lessor fails to commence to cure or remove such Event of Default by Lessor within said thirty (30) days and to cure or remove the same as promptly as reasonably practicable.
2. Lessor closes Airport to flights in general or to the flights of Lessee, for reasons other than weather, acts of God or other reasons beyond its control, and fails to reopen Airport to such flights within sixty (60) days of such closure.
3. The Lessor is permanently closed as an airport by act of any federal, state or local government agency having competent jurisdiction.
4. Lessor is unable to use Airport for a period of at least sixty (60) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Airport, or any court of competent jurisdiction issues an injunction in any way preventing or restraining the use of Airport or any part thereof for Airport purposes, and such injunction remains in force for a period of at least sixty (60) days.
5. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of Airport and its facilities in such a manner as to substantially restrict Lessee from conducting its operations, and such restrictions shall continue for a period of at least sixty (60) days.
Events of Default by Lessor. The occurrence of any of the following events shall constitute an Event of Default by Lessor under this Agreement:
a) Late payment by Lessor to Agency's Vendor, or the Agency, or the Escrow Agent, as applicable.
b) Any warranty, representation, or statement of Lessor contained in this Agreement proves to have been false in any material respect when made or furnished.
Events of Default by Lessor. Subsection 10.01.
Events of Default by Lessor. Each of the following shall constitute an Event of Default by Lessor:
(a) The filing by Lessor of a voluntary proceeding or the consent by Lessor to an involuntary proceeding under present or future bankruptcy, insolvency, or other laws respecting debtor’s rights.
(b) The entering of an order for relief against Lessor or appointment or a receiver, trustee, or custodian for all or a substantial part of the property or assets of Lessor in any involuntary proceeding, and the continuation of such order, judgment or decree unstayed for any period of ninety (90) consecutive days.
(c) The failure of Lessor to perform or to observe any material nonmonetary covenant, obligation or requirement of this Lease not specifically named as an Event of Default by Lessor in this Section 12.2, and the continuation of such failure for thirty (30) days after receipt of written Notice from Lessee specifying the nature and extent of any such default, or if such default cannot reasonably be cured within such thirty (30) day period, the failure or Lessor to commence to cure such default within such thirty (30) day period and to diligently continue to pursue such effort to cure to completion.
(d) The failure of Lessor to execute and deliver any document, agreement or instrument (such as a non-disturbance, attornment and subordination agreement with a Subtenant, any estoppel certificate, any permit application, any subdivision plan, any agreement with any Leasehold Mortgagee or Subtenant, any deed, lease or lease amendment) requested by Lessee and required to be given by Lessor in accordance with the provisions of this Lease and the continuation of such failure for twenty
