Events of Default by Tenant. Each of the following shall constitute an Event of Default by Tenant under this Lease: 15.1.1 Any failure or refusal by Tenant to timely pay any Rent or any other payments or charges required to be paid hereunder, or any portion thereof, within five (5) business days after notice that the same is due. 15.1.2 Any failure by Tenant to perform or observe any other covenant or condition of this Lease (including those contained in the Datacenter Rules and Regulations) to be performed or observed by Tenant (other than those described in Section 15.1.1, above or Sections 15.1.3, 15.1.4, or 15.1.5, below) if such failure continues for a period of twenty (20) days following written notice to Tenant of such failure; provided, however, that in the event Tenant’s failure to perform or observe any covenant or condition of this Lease to be performed or observed by Tenant cannot reasonably be cured within twenty (20) days following written notice to Tenant, Tenant shall not be in default if Tenant commences to cure same within such twenty (20) day period and thereafter diligently prosecutes the curing thereof to completion.
Appears in 4 contracts
Samples: Deed of Turn Key Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc)
Events of Default by Tenant. Each of the following shall constitute an Event of Default by Tenant under this Lease:
15.1.1 Any failure or refusal by Tenant to timely pay any undisputed* portions of Rent or any other payments or charges required to be paid hereunder, or any portion thereof, within five ten (510) business days after of notice that the same is due. * In order to be considered to have been properly disputed, the relevant amount(s) must have been timely disputed in good faith in writing by Tenant prior to the due date thereof.
15.1.2 Any failure by Tenant to perform or observe any other covenant or condition of this Lease (including including, without limitation, those contained in the Datacenter Rules and Regulations) to be performed or observed by Tenant (other than those described in Section 15.1.1, above or Sections 15.1.3, 15.1.4, or 15.1.5, below) if such failure continues for a period of twenty thirty (2030) days following written notice to Tenant of such failure; provided, however, that in the event Tenant’s failure to perform or observe any covenant or condition of this Lease to be performed or observed by Tenant cannot reasonably be cured within twenty thirty (2030) days following written notice to Tenant, Tenant shall not be in default if Tenant commences to cure same within such twenty thirty (2030) day period and thereafter diligently prosecutes the curing thereof to completion.
Appears in 4 contracts
Samples: Datacenter Lease (Endurance International Group Holdings, Inc.), Turn Key Datacenter Lease (Endurance International Group Holdings, Inc.), Datacenter Lease (Constant Contact, Inc.)