Common use of Habitual Default Clause in Contracts

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant has been in either monetary default or material non-monetary default (beyond applicable notice and cure periods) in the performance of any (but not necessarily the same) term or condition of this Lease for four or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.

Habitual Default. The provisions of Section 13 14 notwithstanding, the Parties agree that if Tenant has been in either monetary default or material non-monetary default (shall have defaulted, beyond any applicable notice and cure periods) period expressly set forth in this Lease, in the performance of any (but not necessarily the same) material term or condition of this Lease for four three (3) or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's ’s timely performance under this Lease.

Habitual Default. The provisions of Section 13 notwithstanding, the Parties agree that if Tenant has been in either monetary default or material non-monetary default (beyond applicable notice and cure periods) shall have defaulted in the performance of any (but not necessarily the same) monetary term or condition of this Lease for four three or more times during any twelve (12) month period during the Lease Term, then such conduct shall, at the election of the Landlord, represent a separate event of default which cannot be cured by TenantTenant ("Habitual Default"). Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by Tenant, which work a hardship upon Landlord and deprive Landlord of Tenant's timely performance under this Lease.