Common use of Habitual Default Clause in Contracts

Habitual Default. Notwithstanding the foregoing, in the event that the Lessee has frequently, regularly or repetitively defaulted in the performance of or breach any of the terms, covenants and conditions required herein, to be kept and performed by the Lessee, on five (5) occasions regardless of whether the Lessee has cured each individual condition of breach or default as provided for in Sub-Article 13.01 (Payment Default), Sub-Article 13.02 (Insurance Defaults), and Sub-Article 13.03 (Other Defaults) above, the Lessee shall be determined by MDAD to be an “habitual violator”. At the time that such determination is made the Department shall issue to the Lessee a written notice, advising of such determination and citing the circumstances thereof. Such notice shall also advise the Lessee that there shall be no further notice or grace periods to correct any subsequent breach(s) or default(s) and that any subsequent breach or default, of whatever nature, taken with all previous breaches and defaults, shall be considered cumulative and collectively shall constitute a condition of non-curable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to the Lessee, such termination to be effective upon the seventh (7th) day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the Lessee shall have no further rights hereunder. Immediately upon receipt of said termination, the Lessee shall discontinue its operations at the Airport and proceed to remove all its personal property in accordance with Sub-Article 13.05 (Actions at Termination) hereof.

Habitual Default. Notwithstanding the foregoing, in the event that the Lessee has frequently, regularly or repetitively defaulted in the performance of or breach breached any of the terms, covenants and conditions required herein, herein to be kept and performed by the Lessee, on five (5) occasions in the sole opinion of the County and regardless of whether the Lessee has cured each individual condition of breach or default as provided for in Sub-Article 13.01 Articles 12.01 (Payment DefaultDefaults), Sub-Article 13.02 12.02 (Insurance Defaults), ) and Sub-Article 13.03 12.03 (Other Defaults) abovehereinabove, the Lessee shall be determined by MDAD the Director to be an “habitual violator”. .” At the time that such determination is made made, the Department shall issue to the Lessee a written notice, notice advising of such determination and citing the circumstances thereoftherefor. Such notice shall also advise the Lessee that there shall be no further notice or grace periods to correct any subsequent breach(sbreach(es) or default(s) and that any subsequent breach breach(es) or defaultdefault(s), of whatever nature, taken with all previous breaches and defaults, shall be considered cumulative and collectively and, collectively, shall constitute a condition of non-curable noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate cancel this Agreement upon the giving of written notice of termination to the Lessee, such termination to be effective upon the seventh (7th) tenth day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the Lessee shall have no further rights hereunder. Immediately upon receipt of said termination, the Lessee shall discontinue its operations at the Airport and proceed to remove all its personal property in accordance with Sub-Article 13.05 (Actions at Termination) hereof.

Habitual Default. Notwithstanding the foregoing, in the event that the Lessee Tenant has frequently, regularly or repetitively defaulted in the performance of or breach breached any of the terms, covenants and conditions required herein, herein to be kept and performed by the LesseeTenant, on five (5) occasions regardless of whether the Lessee Tenant has cured each individual condition of breach or default as provided for in Sub-Article 13.01 (Payment Default), Sub-Article 13.02 (Insurance Defaults), Articles 12.02 and Sub-Article 13.03 (Other Defaults) above12.03 hereinabove, the Lessee Tenant shall be determined by MDAD the Director of the Department to be an “"habitual violator”". At the time that such determination is made the Department shall issue to the Lessee Tenant a written notice, advising of such determination and citing the circumstances thereoftherefor. Such notice shall also advise the Lessee Tenant that there shall be no further notice or grace periods to correct any subsequent breach(s) or default(s) and that any subsequent breach or default, of whatever nature, taken with all previous breaches and defaults, shall be considered cumulative and collectively and, collectively, shall constitute a condition of non-curable noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to the LesseeTenant, such termination to be effective upon the seventh (7th) day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the Lessee Tenant shall have no further rights hereunder. Immediately upon receipt of said notice of termination, the Lessee Tenant shall discontinue its operations at the Airport Airport, and proceed to remove all its personal property in accordance with Sub-Article 13.05 (Actions at Termination) 17 hereof.

Habitual Default. Notwithstanding the foregoing, in the event that the Lessee has frequently, regularly or repetitively defaulted in the performance of or breach breached any of the terms, covenants and conditions required herein, herein to be kept and performed by the Lessee, on five (5) occasions in the sole opinion of the County and regardless of whether the Lessee has cured each individual condition of breach or default as provided for in Sub-Article Articles 13.01 (Payment DefaultDefaults), Sub-Article 13.02 (Insurance Defaults), ) and Sub-Article 13.03 (Other Defaults) abovehereinabove, the Lessee shall be determined by MDAD the Director to be an “habitual violator”. .” At the time that such determination is made made, the Department shall issue to the Lessee a written notice, notice advising of such determination and citing the circumstances thereoftherefor. Such notice shall also advise the Lessee that there shall be no further notice or grace periods to correct any subsequent breach(sbreach(es) or default(s) and that any subsequent breach breach(es) or defaultdefault(s), of whatever nature, taken with all previous breaches and defaults, shall be considered cumulative and collectively and, collectively, shall constitute a condition of non-curable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate cancel this Agreement upon the giving of written notice of termination to the Lessee, such termination to be effective upon the seventh (7th) tenth day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the Lessee shall have no further rights hereunder. Immediately upon receipt of said termination, the Lessee shall discontinue its operations at the Airport and proceed to remove all its personal property in accordance with Sub-Article 13.05 (Actions at Termination) hereof.

Habitual Default. Notwithstanding the foregoing, in the event that the Lessee has frequently, regularly or repetitively defaulted in the performance of or breach breached any of the terms, covenants and conditions required herein, herein to be kept and performed by the Lessee, on five (5) occasions in the sole opinion of the County and regardless of whether the Lessee has cured each individual condition of breach or default as provided for in Sub-Article 13.01 Articles 12.01 (Payment DefaultDefaults), Sub-Article 13.02 12.02 (Insurance Defaults), ) and Sub-Article 13.03 12.03 (Other Defaults) abovehereinabove, the Lessee shall be determined by MDAD the Director to be an “"habitual violator”. ." At the time that such determination is made made, the Department shall issue to the Lessee a written notice, notice advising of such determination and citing the circumstances thereoftherefore. Such notice shall also advise the Lessee that there shall be no further notice or grace periods to correct any subsequent breach(sbreach(es) or default(s) and that any subsequent breach breach(es) or defaultdefault(s), of whatever nature, taken with all previous breaches and defaults, shall be considered cumulative and collectively and, collectively, shall constitute a condition of non-curable noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate cancel this Agreement upon the giving of written notice of termination to the Lessee, such termination to be effective upon the seventh (7th) tenth day following the date of receipt thereof and all payments due hereunder shall be payable to said date, and the Lessee shall have no further rights hereunder. Immediately upon receipt of said termination, the Lessee shall discontinue its operations at the Airport and proceed to remove all its personal property in accordance with Sub-Article 13.05 (Actions at Termination) hereof.