Habitual Default. The provisions of Article 19 notwithstanding, the parties agree that if Tenant shall be in Default in the performance of the same monetary or material non-monetary term or condition of this Lease for 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 Default that 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.
Appears in 2 contracts
Samples: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)
Habitual Default. The provisions of Article 19 Section 13 notwithstanding, the parties agree that if Tenant shall be in Default have defaulted in the performance of any (but not necessarily the same monetary or material non-monetary same) term or condition of this Lease for three (3) five 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 Default that 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.
Appears in 1 contract
Samples: Concentric Network Corp
Habitual Default. The provisions of Article 19 Section 13 notwithstanding, the parties Parties agree that if Tenant shall be in Default have defaulted in the performance of any (but not necessarily the same monetary or material non-monetary same) term or condition of this Lease for 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 Default that 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 Lender this Lease.
Appears in 1 contract
Samples: Webex Inc
Habitual Default. The provisions provision of Article 19 20 notwithstanding, the parties agree that if Tenant shall be in Default have defaulted in the performance of any (but not necessarily the same monetary or material non-monetary same) term or condition of this Lease for 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 Default that 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 the Lease.
Appears in 1 contract
Samples: Chicago Pizza & Brewery Inc
Habitual Default. The provisions of Article 19 Section 13 notwithstanding, the parties Parties agree that if Tenant shall be in Default have defaulted in the performance of any (but not necessarily the same monetary or material non-same) monetary term or condition of this Lease for three four (34) 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 Default that 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.
Appears in 1 contract
Samples: Legato Systems Inc
Habitual Default. The provisions of Article 19 Section 13 notwithstanding, the parties agree that if Tenant shall be in Default have defaulted in the performance of any (but not necessarily the same monetary or material non-monetary same) term or condition of this Lease for 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 Default that 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.
Appears in 1 contract
Samples: Lease (Extreme Networks Inc)
Habitual Default. The provisions of Article 19 Section 14 notwithstanding, the parties Parties agree that if Tenant shall be in Default have defaulted in the performance of any (but not necessarily the same same) monetary or material non-monetary term or condition of this Lease for 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 Default that 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.
Appears in 1 contract
Samples: Lease (Cutera Inc)