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 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.