Common use of Habitual Default Clause in Contracts

Habitual Default. Notwithstanding the foregoing, in the event that Tenant has defaulted in the performance of or breached the same obligation three or more times in a twelve (12) month period, and regardless of whether Tenant has cured each individual condition of breach or default, Tenant may be determined by Landlord to be an "habitual violator." At the time that such determination is made, Landlord shall issue to Tenant a written notice advising of such determination and citing the circumstances therefor. Such notice shall also advise Tenant that there shall be no further notice or grace periods to correct any subsequent breaches or defaults of that particular obligation for the balance of such twelve month period and that any subsequent breaches or defaults of that particular obligation for the balance of such twelve month period, taken with all previous breaches and defaults, shall be considered cumulative and collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default of that particular obligation for the balance of such twelve month period, for which Tenant has been deemed to be a habitual violator, Landlord may terminate this Agreement upon the giving of written notice of termination to Tenant, such termination to be effective upon delivery of the notice to Tenant.

Habitual Default. Notwithstanding the foregoing, in the event that Tenant the Contractor has frequently, regularly or repetitively defaulted in the performance of or has breached any of the same obligation three or more times in a twelve (12) month periodterms, covenants and conditions required herein, to be kept and performed by the Contractor, regardless of whether Tenant the Contractor has cured each individual condition of breach or defaultdefault as provided for in Sub-Article 24.B "Payment Default" and Sub-Article 24.C "Other Defaults" above, Tenant the Contractor may be determined by Landlord the Director to be an "habitual violator." ". At the time that such determination is made, Landlord the Director shall issue to Tenant the Contractor a written notice notice, advising of such determination and citing the circumstances thereforthereof. Such notice shall also advise Tenant the Contractor that there shall be no further notice or grace periods to correct any subsequent breaches breach(s) or defaults of that particular obligation for the balance of such twelve month period default (s) and that any subsequent breaches breach or defaults default, of that particular obligation for the balance of such twelve month periodwhatever nature, taken with all previous breaches and defaults, shall be considered cumulative and collectively, collectively shall constitute a condition of noncurable non-curable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default of that particular obligation for default, the balance of such twelve month period, for which Tenant has been deemed to be a habitual violator, Landlord Department may terminate this Agreement upon the giving of written notice of termination to Tenantthe Contractor, such termination to be effective upon delivery the seventh (7th) Day following the date of the notice receipt thereof and all payments due hereunder shall be payable to Tenant.said

Habitual Default. Notwithstanding the foregoing, in the event that Tenant the Lessee has frequently, regularly or repetitively defaulted in the performance of or breached any of the same obligation three or more times terms, covenants and conditions required herein to be kept and performed by the Lessee, in a twelve (12) month period, the sole opinion of the County and regardless of whether Tenant the Lessee has cured each individual condition of breach or defaultdefault as provided in Articles 12.01 (Payment Defaults), Tenant may 12.02 (Insurance Defaults) and 12.03 (Other Defaults) hereinabove, the Lessee shall be determined by Landlord the Director to be an "“habitual violator." ” At the time that such determination is made, Landlord the Department shall issue to Tenant the Lessee a written notice advising of such determination and citing the circumstances therefor. Such notice shall also advise Tenant the Lessee that there shall be no further notice or grace periods to correct any subsequent breaches breach(es) or defaults of that particular obligation for the balance of such twelve month period default(s) and that any subsequent breaches breach(es) or defaults default(s), of that particular obligation for the balance of such twelve month periodwhatever nature, taken with all previous breaches and defaults, shall be considered cumulative and and, collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default of that particular obligation for default, the balance of such twelve month period, for which Tenant has been deemed to be a habitual violator, Landlord County may terminate cancel this Agreement upon the giving of written notice of termination to Tenantthe Lessee, such termination to be effective upon delivery the tenth day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the notice to TenantLessee shall have no further rights hereunder.

Habitual Default. Notwithstanding the foregoing, in the event that Tenant the Lessee has frequently, regularly or repetitively defaulted in the performance of or breached any of the same obligation three or more times terms, covenants and conditions required herein to be kept and performed by the Lessee, in a twelve (12) month period, the sole opinion of the County and regardless of whether Tenant the Lessee has cured each individual condition of breach or defaultdefault as provided in Articles 12.01 (Payment Defaults), Tenant may 12.02 (Insurance Defaults) and 12.03 (Other Defaults) hereinabove, the Lessee shall be determined by Landlord the Director to be an "habitual violator." At the time that such determination is made, Landlord the Department shall issue to Tenant the Lessee a written notice advising of such determination and citing the circumstances therefortherefore. Such notice shall also advise Tenant the Lessee that there shall be no further notice or grace periods to correct any subsequent breaches breach(es) or defaults of that particular obligation for the balance of such twelve month period default(s) and that any subsequent breaches breach(es) or defaults default(s), of that particular obligation for the balance of such twelve month periodwhatever nature, taken with all previous breaches and defaults, shall be considered cumulative and and, collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default of that particular obligation for default, the balance of such twelve month period, for which Tenant has been deemed to be a habitual violator, Landlord County may terminate cancel this Agreement upon the giving of written notice of termination to Tenantthe Lessee, such termination to be effective upon delivery the tenth day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the notice to TenantLessee shall have no further rights hereunder.

Habitual Default. Notwithstanding the foregoing, in the event that the Tenant has frequently, regularly or repetitively defaulted in the performance of or breached any of the same obligation three or more times in a twelve (12) month periodterms, covenants and conditions required herein to be kept and performed by the Tenant, regardless of whether the Tenant has cured each individual condition of breach or defaultdefault as provided in Articles 12.02 and 12.03 hereinabove, the Tenant may shall be determined by Landlord the Director of the Department to be an "habitual violator." ". At the time that such determination is made, Landlord made the Department shall issue to the Tenant a written notice notice, advising of such determination and citing the circumstances therefor. Such notice shall also advise the Tenant that there shall be no further notice or grace periods to correct any subsequent breaches breach(s) or defaults of that particular obligation for the balance of such twelve month period default(s) and that any subsequent breaches breach or defaults default, of that particular obligation for the balance of such twelve month periodwhatever nature, taken with all previous breaches and defaults, shall be considered cumulative and and, collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default of that particular obligation for default, the balance of such twelve month period, for which Tenant has been deemed to be a habitual violator, Landlord County may terminate this Agreement upon the giving of written notice of termination to the Tenant, such termination to be effective upon delivery the seventh day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the Tenant shall have no further rights hereunder. Immediately upon receipt of said notice of termination, the Tenant shall discontinue its operations at the Airport, and proceed to Tenantremove all its personal property in accordance with Article 17 hereof.

Habitual Default. Notwithstanding the foregoing, in the event that Tenant Management has frequently, regularly or repetitively defaulted in the performance of or breached breach any of the same obligation three or more times in a twelve terms, covenants and conditions required herein, to be kept and performed by Management, on five (125) month period, and occasions regardless of whether Tenant Management has cured each individual condition of breach or defaultdefault as provided for in Sub-Article 18.01 above, Tenant may Management shall be determined by Landlord the Director to be an "“habitual violator." ”. At the time that such determination is made, Landlord made the Department shall issue to Tenant Management a written notice notice, advising of such determination and citing the circumstances thereforthereof. Such notice shall also advise Tenant Management that there shall be no further notice or grace periods to correct any subsequent breaches breach(s) or defaults of that particular obligation for the balance of such twelve month period default(s) and that any subsequent breaches breach or defaults default, of that particular obligation for the balance of such twelve month periodwhatever nature, taken with all previous breaches and defaults, shall be considered cumulative and collectively, collectively shall constitute a condition of noncurable non-curable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default of that particular obligation for default, the balance of such twelve month period, for which Tenant has been deemed to be a habitual violator, Landlord County may terminate this Agreement upon the giving of written notice of termination to TenantManagement, such termination to be effective upon delivery the seventh (7th) day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and Management shall have no further rights hereunder. Immediately upon receipt of said termination, Management shall discontinue its operations at the notice Airport and proceed to Tenantremove all its personal property.

Habitual Default. Notwithstanding the foregoing, in the event that Tenant the Lessee has frequently, regularly or repetitively defaulted in the performance of or breached any of the same obligation three or more times terms, covenants and conditions required herein to be kept and performed by the Lessee, in a twelve (12) month period, the sole opinion of the County and regardless of whether Tenant the Lessee has cured each individual condition of breach or defaultdefault as provided in Articles 13.01 (Payment Defaults), Tenant may 13.02 (Insurance Defaults) and 13.03 (Other Defaults) hereinabove, the Lessee shall be determined by Landlord the Director to be an "“habitual violator." ” At the time that such determination is made, Landlord the Department shall issue to Tenant the Lessee a written notice advising of such determination and citing the circumstances therefor. Such notice shall also advise Tenant the Lessee that there shall be no further notice or grace periods to correct any subsequent breaches breach(es) or defaults of that particular obligation for the balance of such twelve month period default(s) and that any subsequent breaches breach(es) or defaults default(s), of that particular obligation for the balance of such twelve month periodwhatever nature, taken with all previous breaches and defaults, shall be considered cumulative and and, collectively, shall constitute a condition of noncurable non-curable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default of that particular obligation for default, the balance of such twelve month period, for which Tenant has been deemed to be a habitual violator, Landlord County may terminate cancel this Agreement upon the giving of written notice of termination to Tenantthe Lessee, such termination to be effective upon delivery the tenth day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the notice to TenantLessee shall have no further rights hereunder.