Common use of Events of Default by Tenant Clause in Contracts

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where such failure continues for five (5) business days after written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.

Appears in 3 contracts

Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)

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Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due where such failure continues for five (5) business calendar days after written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition to, and not in lieu of, any notice required, required under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; Tenant provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day 30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.; or

Appears in 3 contracts

Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, or any part thereof, where such failure continues for within five (5) business days after of written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor lawthe same is past due; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day 30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.; or

Appears in 2 contracts

Samples: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a material default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where such failure continues for five (5) business days after written notice thereof by Landlord to Tenant; provided, however, that for only the first two instances in any 12-month period, any such notice failure shall not be a default until such failure shall have continued for a period in addition to, and not in lieu of, any notice required, under California Code excess of Civil Procedure Section 1161 or any similar or successor lawtwo (2) business days; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30) day 15)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and completely cure said default as soon as possible.possible but in all events within ninety (90) days of Landlord's delivery to Tenant of written notice of such default; or

Appears in 2 contracts

Samples: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 4.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due where such failure continues for five three (53) business days after written notice thereof by from Landlord to Tenant; provided, provided however, that any such notice shall be in addition tolieu of, and not in lieu ofaddition to, any notice required, required under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 4.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty twenty (3020) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty twenty (3020) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.; or

Appears in 1 contract

Samples: Office Lease (Vivus Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of RentRent (except as expressly set forth in this Lease). The occurrence of any of the following shall constitute a default an “Event of Default” by Tenant under this Lease by TenantLease: 19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, or any part thereof, where such failure continues for five (5) business days after written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor lawwhen due; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30) day 15)-day period, no Event of Default by Tenant shall not be deemed to be in default have occurred if it Tenant diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.; or

Appears in 1 contract

Samples: Lease (Kezar Life Sciences, Inc.)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where such failure continues for five following three (53) business days after written notice thereof by Landlord to Tenant; providedthat the same is due or payable hereunder, however, that any such notice and said three (3) day period shall be in lieu of, and not in addition to, and not in lieu of, any the notice required, under requirements of Section 1161 of the California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty twenty (3020) days after written notice thereof from Landlord to Tenant; provided provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further provided, further, that if the nature of such default is such that the same cannot reasonably be cured within a thirty twenty (3020) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or 19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease.

Appears in 1 contract

Samples: Office Lease (InterPrivate III Financial Partners Inc.)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due, where such failure continues for five (5) business calendar days after written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition tolieu of, and not in lieu ofaddition to, any notice requiredrequired under Section 1161 et seq., under of the California Code of Civil Procedure Section 1161 or any similar or successor lawProcedure; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day 30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.

Appears in 1 contract

Samples: Office Lease (Websense Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any Each of the following shall constitute a default be deemed an “Event of this Lease by TenantDefault” hereunder: 19.1.1 Any failure by (a) Should Tenant at any time fail to pay any when due, Minimum Annual Rent, Additional Rent or any other charge required payable by Tenant pursuant to be paid under this Lease, or any part thereof, where such failure continues for five a period of three (53) business days after written notice thereof by from Landlord to Tenant; providedor (b) Should Tenant fail to execute and deliver to Landlord any document or instrument required pursuant to Article 18 within the time prescribed therein, however, that any such notice shall be in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for a period of ten (10) days after written notice from Landlord; or (c) Should Tenant fail to perform any of any other of its promises, covenants or agreements herein contained and shall remain unperformed (i.e., other than as described in subsections (a) and (b) above) for more than thirty (30) days after written notice thereof from Landlord to Tenant; provided (provided, however, that any if the failure to perform cannot be rectified or cured within such thirty (30) day period, the failure to perform shall be deemed to be rectified or cured if Tenant, within such thirty (30) day period, shall have commenced to rectify or cure the failure to perform and shall thereafter diligently and continuously prosecute same to completion). Any notice required to be given by Landlord above shall be in lieu of, and not in addition to, any notice required under California Section 1161 of the Code of Civil Procedure Section 1161 of California or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day periodsimilar, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possiblesuperseding statute.

Appears in 1 contract

Samples: Lease Agreement (Yoshiharu Global Co.)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due where such failure continues for five three (53) business days after written notice thereof by from Landlord to Tenant; provided, provided however, that any such notice shall be in addition tolieu of, and not in lieu ofaddition to, any notice required, required under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided 071053\8589453v5 17 further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or 19.1.3 Abandonment of the Premises by Tenant as defined in the California Civil Code.

Appears in 1 contract

Samples: Office Lease (Quantenna Communications Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where when due unless such failure continues for is cured within five (5) business days after written Tenant’s receipt of notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor lawsaid amounts are past due; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possibledefault.

Appears in 1 contract

Samples: Office Lease (Legalzoom Com Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default “default” of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due, where such failure continues for five (5) 3 business days after written notice thereof by Landlord to Tenant; provided, however, that any (provided such notice shall not be required more than once in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor law12 month period); or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (3015) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said such default as soon as possible.possible but in no event later than ninety (90) days after Landlord’s delivery of such notice; or

Appears in 1 contract

Samples: Lease (Atlas Crest Investment Corp.)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due, where such failure continues for five four (54) business calendar days after written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition tolieu of, and not in lieu ofaddition to, any notice required, required under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30) day 15)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.; or

Appears in 1 contract

Samples: Office Lease (1st Pacific Bancorp)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where when due, unless such failure continues for is cured within five (5) business days after written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor lawrequest therefor from Landlord; or' 19.1.2 Any failure by Tenant to observe or perform any other material provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day 30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or 19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for five (5) business days or longer while in default of any provision of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Regulus Therapeutics Inc.)

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Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent Base Rent, Tenant’s Share of Operating Expenses, Tax Expenses and Utilities Costs or any other regularly scheduled, recurring charge required to be paid under this Lease, or any part thereof, where when due, and such failure continues shall be continuing for a period of more than five (5) business days after written notice thereof by of such failure from Landlord to Tenant; provided, provided however, that any such notice shall be in addition to, and not in lieu of, any notice requiredrequired under California Code of Civil Procedure Section 1161 or any similar or successor law; 19.1.2 Any failure by Tenant to pay any Rent or other charge required to be paid under this Lease, or any part thereof, which is other than the Rent described in Section 19.1.1 above, when due, and such failure shall be continuing for a period of more than thirty (30) days after written notice of such failure from Landlord to Tenant; provided however, that any such notice shall be in addition to, and not in lieu of, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 19.1.3 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day 30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.

Appears in 1 contract

Samples: Lease (Polycom Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, or any part thereof, when due, where such failure continues for five (5) business days after Tenant's receipt of written notice thereof by from Landlord to Tenant; provided, however, that any such notice shall be in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor lawsaid amount is due; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30) day 15)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.; or

Appears in 1 contract

Samples: Lease (Kura Oncology, Inc.)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due, where such failure continues for five three (53) business days after written notice thereof by from Landlord to Tenant; provided, provided however, that any such notice shall be in addition tolieu of, and not in lieu ofaddition to, any notice required, required under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day 30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.; or

Appears in 1 contract

Samples: Office Lease (Xactly Corp)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:Tenant (an "Event of Default"): 19.1.1 16.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where such failure continues for within five (5) business days after of written notice thereof by Landlord to Tenant; providedthat the same is due, however, that any such which notice shall be in addition to, and not in lieu of, of any notice required, required under California Code of Civil Procedure Section 1161 or any similar or successor law; or'. 19.1.2 16.1.2 Any failure by Tenant to observe execute and deliver any statement or perform any other provisiondocument described in Articles 18 and 22 requested by Landlord within the time periods specified therein, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty five (305) business days after delivery of written notice thereof from of such failure by Landlord to Tenant; provided provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq., of the California Code of Civil Procedure Section 1161 Procedure. 16.1.3 The failure by Tenant to observe or perform any similar other provision of this Lease to be observed or successor lawperformed by Tenant, other than those described in Sections 16.1.1, or 16.1.2 above, if such failure continues for thirty (30) days (except where a different period of time is specified in this Lease, in which case such different time period shall apply) after written notice thereof by Landlord to Tenant; and provided further provided, however, that if the nature of such the default is such that the same it cannot reasonably be cured within a the thirty (30) day period, no default shall exist if Tenant shall not be deemed to be in commences the curing of the default if it diligently commences such cure within such the thirty (30) day period and thereafter diligently proceeds prosecutes the same to rectify completion. The thirty (30) day notice described herein shall be in lieu of, and cure said not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure or any other law now or hereafter in effect requiring that notice of default as soon as possiblebe given prior to the commencement of an unlawful detainer or other legal proceeding.

Appears in 1 contract

Samples: Office Lease (Ultimate Software Group Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's ’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 20.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where such failure continues for within five (5) business days after of receipt of written notice thereof by Landlord to Tenantthat such Rent is due; provided, provided however, that any such notice shall be in addition tolieu of, and not in lieu ofaddition to, any notice required, required under California Code of Civil Procedure Section 1161 or any similar or successor law; or' 19.1.2 20.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day 30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.

Appears in 1 contract

Samples: Office Lease (Yelp! Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant:Tenant (an “Event of Default”): 19.1.1 16.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where such failure continues for within five (5) business days after written of notice thereof by Landlord to Tenant; providedthat the same is due, however, that any such which notice shall be in addition to, and not in lieu of, of any notice required, required under California Code of Civil Procedure Section 1161 or any similar or successor law; or'. 19.1.2 Any 16.1.2 The abandonment of the Premises by Tenant coupled with the failure to pay rent, as provided in Section 1951.3 of the California Civil Code. 16.1.3 The failure by Tenant to observe or perform any other provision, covenant the provisions of Section 7.1 or condition of this Lease to be observed or performed by Tenant Article 10 where such failure continues for thirty and is not remedied within three (303) business days after written notice thereof from Landlord to Tenant; 16.1.4 Any failure by Tenant to execute and deliver any statement or document described in Articles 18 and 22 requested by Landlord within the time periods specified therein, where such failure continues for five (5) business days after notice thereof by Landlord to Tenant; provided provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq., of the California Code of Civil Procedure Section 1161 Procedure. 16.1.5 The failure by Tenant to observe or perform any similar other provision of this Lease to be observed or successor lawperformed by Tenant, other than those described in Sections 16.1.1, 16.1.2 and 16,1.3 above, if such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; and provided further provided, however, that if the nature of such the default is such that the same it cannot reasonably be cured within a the thirty (30) day period, no default shall exist if Tenant shall not be deemed to be in commences the curing of the default if it diligently commences such cure within such the thirty (30) day period and thereafter diligently proceeds prosecutes the same to rectify completion. The thirty (30) day notice described herein shall be in lieu of, and cure said not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure or any other law now or hereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding. 16.1.6 Any Rent paid by Tenant is recovered by the debtor or bankruptcy trustee as soon as possiblea preference payment in the event of the filing by or against Tenant of any proceeding under bankruptcy law. 16.1.7 Any failure by Tenant to provide Landlord with a renewed LC or a substitute LC in form reasonably acceptable to Landlord at least fifteen (15) days prior to the expiration of the then existing LC.

Appears in 1 contract

Samples: Office Lease (Capitalsource Inc)

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, where when due and when such failure continues shall continue for a period of five (5) business days after following receipt of written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition to, and not in lieu of, any notice required, under California Code of Civil Procedure Section 1161 or any similar or successor lawfrom Landlord; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30) day 15)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.; or

Appears in 1 contract

Samples: Office Lease (Pc Mall Inc)

Events of Default by Tenant. All covenants and agreements to be --------------------------- kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant's sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, when due, where such failure continues for five (5) business days after written notice thereof by Landlord to Tenant; provided, however, that any such notice shall be in addition tolieu of, and not in lieu ofaddition to, any notice requiredrequired under Section 1161 et seq., under of the ------- California Code of Civil Procedure Section 1161 or any similar or successor lawProcedure; or' 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a such thirty (30) day 30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible.

Appears in 1 contract

Samples: Office Lease (Homestore Com Inc)

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