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; and the continuation of such failure for more than five (5) days following Xxxxxx’s receipt of written notice of delinquency; provided, however, that any such notice shall be in addition to any notice required under California Code of Civil Procedure Section 1161 and 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 (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 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; or 37 GENESIS 1900 ALAMEDA 19.1.3 Abandonment of the Premises by Tenant. 19.1.4 Xxxxxx makes an assignment for the benefit of creditors. 19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets. 19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code. 19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 2 contracts
Samples: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, 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 an “Event of 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; and the continuation of such failure continues for more than five (5) business days following XxxxxxTenant’s receipt of written notice of delinquency; provided, however, that any such notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 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 37 GENESIS 1900 ALAMEDAor
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 three (3) business days or longer while in default of any provision of this Lease.
19.1.4 Xxxxxx Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 2 contracts
Samples: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, 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 when due any Rent, Additional Rent or any other charge monetary sums required to be paid under this Leasethereunder, or any part thereof, when due; and the continuation of such which failure continues for more than five (5) calendar days following Xxxxxx’s receipt of after written notice of delinquencythereof from Landlord; provided, however, that Tenant shall not be entitled to more than one (1) notice for monetary defaults during any consecutive twelve (12) month period, and if, after such notice, any Rent or other sum is not paid when due, a default and breach of this Lease shall be considered to have occurred without further notice; provided, further, that any such notice given pursuant to this Section 19.1.1 shall be in lieu of, and not in addition to to, any statutory notice required under California Code of Civil Procedure Procedure, Section 1161 and 1161, or any similar or successor lawsuccessor; 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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment or vacation of the Premises by Tenant.
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Samples: Lease Agreement (Netgear, 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 Tenant shall only be deemed to be in default or breach of this Lease only upon the occurrence of any of the following shall constitute a default of this Lease by Tenantfollowing:
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; and the continuation of such failure for more than within five (5) business days following Xxxxxx’s receipt after delivery of written notice of delinquency; providedthat the same was not paid when due, provided however, that any such notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment Permanent abandonment of the Premises by Tenant.
19.1.4 Xxxxxx Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assetsassets and Tenant does not cure same within one hundred twenty (120) days.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy CodeCode and is not dismissed within one hundred twenty (120) days.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
19.1.8 Tenant fails to deliver an estoppel certificate in accordance with Article 17 following a second request from Landlord and the passage of five (5) business days.
19.1.9 Tenant’s interest in this Lease is attached, executed upon or otherwise judicially seized and such action is not released within one hundred twenty (120) days of the action.
Appears in 1 contract
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:Tenant (each, an “Event of Default”):
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; and the continuation of such failure for more than within five (5) business days following XxxxxxTenant’s receipt of Landlord’s written notice of delinquencythat the same is due; provided, however, that Landlord shall not be obligated to provide written notice of monetary default more than two (2) times in any calendar year, and each subsequent monetary default shall be an Event of Default if not received within three (3) business days after the same is due; provided further, such notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 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 37 GENESIS 1900 ALAMEDA
19.1.3 Abandonment of the Premises by Tenant.
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.or
Appears in 1 contract
Samples: Office Lease (Intervoice 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; and the continuation of such , which failure continues for more than five (5) days following Xxxxxx’s receipt of written after notice of delinquencythereof from Landlord; provided, however, that Tenant shall not be entitled to more than two (2) notices for monetary defaults during any consecutive twelve (12) month period, and if, after two (2) such notices, any Rent or other sum is not paid when due, a default and breach of this Lease shall be considered to have occurred without further notice; provided, further, that any such notice given pursuant to this Section 19.1.1 shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment or vacation of the Premises by Tenant.
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver. Abandonment is herein defined to include, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and but is not dismissed within one hundred twenty limited to, any absence by Tenant from the Premises for three (1203) daysbusiness days or longer while in default of any provision of this Lease.
Appears in 1 contract
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, when due; and the continuation of such failure for more than five following three (53) days following Xxxxxx’s receipt of written notice of delinquency; 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 any to, the notice required under requirements of Section 1161 of the California Code of Civil Procedure Section 1161 and 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 (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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment of the Premises by Tenant with no intent to return, together with Tenant.'s failure to pay Rent hereunder. Abandonment is herein defined to 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. [FINAL EXECUTION COPY]SMRH:478611488.18 -30- 600 B STREETMitek Systems, Inc. 92917 35XW-244846
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee breach or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 default by Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter terms of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under Bridgepoint Lease and/or the Sublease which continues to exist beyond the expiration of any chapter applicable notice and cure period thereunder and results in a termination of the Bankruptcy Code and is not dismissed within one hundred twenty (120) daysBridgepoint Lease and/or Sublease.
Appears in 1 contract
Samples: Office Lease (Mitek Systems 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 Tenant shall only be deemed to be in default or breach of this Lease upon the occurrence of any of the following shall constitute a default of this Lease by Tenantfollowing:
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; and the continuation of such failure for more than within five (5) days following Xxxxxx’s receipt after delivery of written notice of delinquencythat the same was not paid when due; provided, however, that any such notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment Permanent abandonment of the Premises by Tenant.
19.1.4 Xxxxxx Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets's assets and Tenant does not cure same within one hundred twenty (120) days.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “"Bankruptcy Code”") or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy CodeCode and is not dismissed within one hundred twenty (120) days.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Samples: Lease (Tocagen 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; and the continuation of such failure for more than within five (5) days following Xxxxxx’s receipt of written notice of delinquencythat the same is past due; provided, provided however, that any such notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (other than the payment of Rent or Additional Rent) 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 (30)-day 20) 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 37 GENESIS 1900 ALAMEDA;
19.1.3 Abandonment The 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 three (3) business days or longer while in default of any provision of this Lease; provided, however, that Tenant’s vacation of the Premises shall not constitute a default under this Lease so long as Tenant continues to pay the Base Rent, Additional Rent and all other sums hereunder when due, and perform all of Tenant’s other obligations under this Lease; or
19.1.4 Xxxxxx makes an The making of a general assignment by Tenant for the benefit of creditors.
19.1.5 A receiver, trustee the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian is appointed to take possession of substantially all of Tenant’s assets or does take titlethis leasehold, possession Tenant’s insolvency or control inability to pay Tenant’s debts or failure generally to pay Tenant’s debts when due, any court entering a decree or order directing the winding up or liquidation of all Tenant or of substantially all of Tenant’s assets.
19.1.6 , Tenant files a voluntary petition under taking any action toward the United States Bankruptcy Code dissolution or any successor statute as winding up of Tenant’s affairs, the same may be amended from time to time, (the “Bankruptcy Code”) cessation or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter suspension of Tenant’s use of the Bankruptcy CodePremises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Samples: Office Lease (Serena Software 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; and the continuation of such failure for more than within five (5) days following Xxxxxx’s receipt of after written notice of delinquencydelinquency is delivered to Tenant by Landlord; provided, however, that with respect to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then Tenant’s subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment or vacation of the Premises by Tenant.
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver. Abandonment is herein defined to include, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and but is not dismissed within one hundred twenty limited to, any absence by Tenant from the Premises for six (1206) daysbusiness days or longer while in default of any provision of this Lease.
Appears in 1 contract
Samples: Lease (Aqua Metals, 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 make any payment of Rent, Additional Rent or any other charge payment required hereunder within three (3) business days after Landlord’s delivery to be paid under this Lease, or any part thereof, when due; and the continuation of such failure for more than five (5) days following Xxxxxx’s receipt Tenant of written notice of delinquencythat said payment is due or past due; provided, however, that any such written notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section Sections 1161 et. seq. and any all similar or successor lawlaws; 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 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 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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment Vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or abandonment of the Premises by Tenant. Abandonment is herein defined to have the meaning ascribed to it in California Civil Code Section 1951.3.
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
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 Tenant shall only be deemed to be in default or breach of this Lease upon the occurrence of any of the following shall constitute a default of this Lease by Tenantfollowing:
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; and the continuation of such failure for more than within five (5) days following Xxxxxx’s receipt after delivery of written notice of delinquency; providedthat the same was not paid when due, provided however, that any such notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment Permanent abandonment of the Premises by Tenant.
19.1.4 Xxxxxx Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assetsassets and Tenant does not cure same within one hundred twenty (120) days.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy CodeCode and is not dismissed within one hundred twenty (120) days.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Samples: Lease (Poseida Therapeutics, 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, when due; and the continuation of such failure for more than five (5) days following Xxxxxx’s Tenant's receipt of written notice of delinquency; provided, however, that any such notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 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 37 GENESIS 1900 ALAMEDA
19.1.3 Abandonment of the Premises by Tenant.
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.or
Appears in 1 contract
Samples: Lease (Fluidigm 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 default “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; and the continuation of such failure for more than five within three (53) days following Xxxxxx’s receipt of after written notice of delinquency; provided, however, that any such notice shall be in addition to any notice required under California Code of Civil Procedure Section 1161 and 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 (other than the payment of Rent or Additional Rent) 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 (30)-day 20) 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 possiblepossible but in no event later than ninety (90) days after Landlord’s delivery of such notice; or 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment and/or Vacation of the Premises by TenantTenant and failure to comply with any other provisions of this Lease.
19.1.4 Xxxxxx Any failure by Tenant to observe or perform the provisions of Sections 14, 17, 18 or 26.4 where such failure continues for more than two (2) business days after notice from Landlord.
19.1.5 Tenant’s failure to deposit with Landlord the funds required to increase or restore the Security Deposit to the amount required as and when required pursuant to Article 20 of this Lease or to provide, keep in effect, renew or increase the Letter of Credit as and when required pursuant to Addendum 1 of this Lease.
19.1.6 Tenant (i) makes an a general assignment for the benefit of creditors.
19.1.5 A receiver, trustee (ii) files a voluntary petition in bankruptcy, or custodian is appointed suffers the filing of an involuntary petition by creditors, (iii) suffers the appointment of a receiver to or does take title, possession or control of all or substantially all of Tenantits assets, (iv) suffers the attachment or other judicial seizure of all or substantially all of its assets, (v) admits in writing its inability to pay its debts as they come due, or (vi) makes an offer of settlement, extension or composition to its creditors generally. Tenant acknowledges that Landlord’s assets.
19.1.6 Tenant files a voluntary petition delivery of any notice described in the foregoing provisions of this Section 19.1 shall be in lieu of, and not in addition to, any notice required under the United States Bankruptcy California Code of Civil Procedure Section 1161 or any similar or successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.law
Appears in 1 contract
Samples: Lease (Hippo Holdings 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 Tenant shall only be deemed to be in default or breach of this Lease upon the occurrence of any of the following shall constitute a default of this Lease by Tenantfollowing:
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; and the continuation of such failure for more than within five (5) days following Xxxxxx’s receipt after delivery of written notice of delinquencythat the same was not paid when due; provided, however, that any such notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 37 GENESIS 1900 ALAMEDAor
19.1.3 Abandonment Permanent abandonment of the Premises by TenantXxxxxx.
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assetsassets and Tenant does not cure same within one hundred twenty (120) days.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy CodeCode and is not dismissed within one hundred twenty (120) days.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant The following events shall constitute events of default under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction (each, an “Event of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant:Default”):
19.1.1 Any (a) failure by Tenant to pay any Base Rent, Additional Rent or any other charge required to be paid sum payable under this Lease, within three (3) days after written notice from Landlord that such payment is past due;
(b) a default by Tenant in the performance of any of the terms, covenants, agreements, or conditions in this Lease, other than a default by Tenant in the payment when due of any part thereofRent or other sum payable under this Lease, when due; and the continuation of such failure for more than five (5) days following Xxxxxx’s receipt of written notice of delinquency; provided, however, that any such notice shall be in addition to any notice required under California Code of Civil Procedure Section 1161 and 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 (other than the payment of Rent or Additional Rent) where such failure continues for default beyond thirty (30) days after written notice thereof from Landlord to Tenant; Landlord, provided however, that any such notice shall be in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further however that if the nature of such default is such that the same cannot reasonably be cured within a curable and requires more than thirty (30)-day period30) days to remedy, Tenant shall not be deemed to be in default if it diligently commences such to cure within such thirty (30) day period and thereafter diligently proceeds to rectify complete the cure within a total of sixty (60) days; providing, however, that such sixty (60) day period shall be extended, on a day for day basis, for any delays in the completion of such cure directly and cure said default as soon as possible; solely caused by an inability to obtain services, labor, or 37 GENESIS 1900 ALAMEDA
19.1.3 Abandonment materials, or due to the failure of the Premises by governmental agency to issue necessary permits or approvals, civil commotions, fire or other casualty, and other causes beyond the reasonable control of Tenant, provided that Tenant uses its best efforts to remedy the default, without regard to cost.
19.1.4 Xxxxxx makes (c) the bankruptcy or insolvency of Tenant, a transfer by Tenant in fraud of creditors, an assignment by Tenant for the benefit of creditors., or the commencement of proceedings of any kind by or against Tenant under the Federal Bankruptcy Act or under any other insolvency, bankruptcy, or reorganization act, unless Tenant is discharged from voluntary proceedings within ninety (90) days;
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control (d) the appointment of all or substantially all a receiver for a substantial part of Tenant’s assets.;
19.1.6 (e) the abandonment of the Premises, as such is defined in Section 1951.3 of the California Civil Code;
(f) failure of Tenant files a voluntary petition under to execute and deliver to Landlord any estoppel certificate within the United States Bankruptcy Code time period and in the manner required by Section 17, provided that not less than five (5) business days’ notice of such failure shall have first been delivered to Tenant by Landlord;
(g) the levy upon this Lease or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter estate of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter this Lease by attachment or execution and the failure to have the attachment or execution vacated within sixty (60) days;
(h) Tenant’s breach of the Bankruptcy Code Section 14 (Assignment and Subletting), which is not dismissed cured within three (3) days following notice; and
(i) Tenant’s bringing Hazardous Materials in to the Premises or the Building, in breach of Section 6.1, which is not cured within one hundred twenty (1201) daysbusiness day.
Appears in 1 contract
Samples: Office Lease (Zoosk, 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, when due; and the continuation of such failure for more than within five (5) days following Xxxxxx’s receipt of after written notice of delinquencydelinquency is delivered to Tenant by Landlord; provided, however, that if Landlord has given Tenant one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then Tenant's subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency notice shall be in lieu of, and not in addition to to, any notice required under California Code of Civil Procedure Section 1161 and 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 (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 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 37 GENESIS 1900 ALAMEDA
19.1.3 Abandonment of the Premises by Tenant.
19.1.4 Xxxxxx makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.or
Appears in 1 contract
Samples: Lease (Biotime Inc)
