Common use of Habitual Default Clause in Contracts

Habitual Default. Notwithstanding anything to the contrary contained in paragraph 24, 24 (a) (b) (c) and (d), the parties hereto agree that if the Tenant shall have defaulted in the performance of any (but not necessarily the same) material term or condition of this Lease for three or more times during any twelve month period during the term hereof, then such conduct shall at the election of the Landlord, represent a separate event of default which cannot be cured by the Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by the Tenant under the Lease, which work a hardship upon the Landlord, and deprive the Landlord of the timely performance by the Tenant hereunder.

Appears in 2 contracts

Samples: 8x8 Inc, 8x8 Inc

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Habitual Default. Notwithstanding anything to the contrary contained in paragraph 2422, 24 (a) (b) (c22(A)(B)(C) and (dD), the parties hereto agree that if the Tenant shall have defaulted in the performance of any (but not necessarily the same) material term or condition of this Lease for three or more times during any twelve month period during the term Lease Term hereof, then such conduct shall shall, at the election of the Landlord, represent a separate event of default which cannot be cured by the Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by the Tenant under the Lease, which work a hardship upon the Landlord, and deprive the Landlord of the timely performance by the Tenant hereunder.

Appears in 1 contract

Samples: Visx Inc

Habitual Default. Notwithstanding anything to the contrary contained in paragraph 2422, 24 22 (a) (b) (c) and (d), the parties hereto agree that if the Tenant shall have defaulted in the performance of any (but not necessarily the same) material term or condition of this Lease for three or more times during any twelve month period during the term hereof, then such conduct shall shall, at the election of the Landlord, represent a separate event of default which cannot be cured by the Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by the Tenant under the Lease, which work a hardship upon the Landlord, and deprive the Landlord of the timely performance by the Tenant hereunder.

Appears in 1 contract

Samples: Agreement (Concentric Network Corp)

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Habitual Default. Notwithstanding anything to the contrary contained in paragraph 24, 24 (a) (b) (c) and (d)22, the parties hereto agree that if the Tenant shall have defaulted materially defaulted, after notice and an opportunity to cure as provided above, in the performance of any (but not necessarily the same) material term or condition of this Lease for three or more times during any twelve month period during the term Lease Term hereof, then such conduct shall shall, at the election of the Landlord, represent a separate event of default default, which cannot be cured by the Tenant. Tenant acknowledges that the purpose of this provision is to prevent repetitive defaults by the Tenant under the Lease, which work a hardship upon the Landlord, and deprive the Landlord of the timely performance by the Tenant hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Trident Microsystems Inc)

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