Lessee Default. The occurrence of any of the following shall constitute a default and breach of this Lease by Lessee: a) Any failure by Lessee to pay Rent or to make any other payment required to be made by Lessee hereunder when due if not cured within ten (10) days after written notice thereof by Lessor to Lessee; b) The abandonment or vacation of the Premises by Lessee except as provided in Section 7; c) A failure by Lessee to observe and perform any other provision of this Lease to be observed or performed by Lessee, where such failure continues for thirty days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of such default is such that the same cannot be reasonably cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; d) The making by Lessee of any general assignment for the benefit of creditors; the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; e) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets or Lessee's interest in this Lease, or the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease.
Lessee Default. The following shall constitute a LESSEE Default under this Lease: (a) if LESSEE shall fail to pay the Rent, and/or any additional rent, expense or charge under this Lease within ten (10) days after receipt by LESSEE of written notice that they are due; or (b) if LESSEE shall neglect or fail to perform or observe, in any material respect, any other covenants, terms, provisions or conditions to be performed or observed by LESSEE under this Lease within thirty (30) days after written notice of said default is given by LESSOR. If the default included in Section 17.1(b) cannot reasonably be cured within thirty (30) days, LESSEE shall not be in default of this Lease if LESSEE commences to cure the default within such thirty (30) day period and diligently and in good faith continues to cure the default.
Lessee Default. There shall be a "Lessee Default" under this Lease by Lessee if at any time during the Lease Term:
(i) Lessee shall fail to pay any Rent when due, or any other sum of money whatsoever which Lessee shall be obligated to pay under the provisions of this Lease, within fifteen (15) days after the date such sum is required to be paid hereunder with respect to any such sum the date of payment for which is fixed or set hereunder, or, if no such date of payment is so fixed or set, within fifteen (15) days after written notice and demand by Lessor therefor; (ii) Lessee shall assign, mortgage or encumber this Lease, or sublet the whole or any part of the Premises, otherwise than as expressly permitted hereunder, or if this Lease or the estate of Lessee hereunder shall be transferred, or passed to, or devolve upon, any person or entity other than Lessee herein named by operation of law or otherwise, except in the manner permitted hereunder; (iii) Lessee shall default in the performance or observance of any of the other terms, covenants, conditions, or agreements of this Lease (other than as described in clauses (i), (ii), (iv), (v), (vi), (vii), (viii), or (ix) hereof) for thirty (30) days after written notice and demand, or if such default shall be of such a nature that the same cannot practicably be cured within such thirty (30) day period and Lessee shall not within such thirty (30) day period commence and continue with due diligence and dispatch, the curing and performance of such defaulted term, covenant, condition or agreement, or if Lessee shall within such thirty (30) day period commence with due diligence and dispatch to cure and perform such defaulted term, covenant, condition or agreement and shall thereafter fail or neglect to prosecute and complete with due diligence and dispatch, the curing and performance of such defaulted term, covenant, condition or agreement; (iv) there shall be filed by or against Lessee in any court or other tribunal pursuant to any statute or other rule of law, either of the United States or of any State or of any other authority now or hereafter exercising jurisdiction, a petition in bankruptcy or insolvency proceedings or for the reorganization or for the appointment of a receiver or trustee of all or substantially all of Lessee’s property, or for any other form of debtor relief, unless such petition be filed against Lessee and if in good faith Lessee shall promptly thereafter commence and diligently prosecute any and all proce...
Lessee Default. Subject to Section 9.3, Lessee shall be in default in the event of any of the following:
(a) Except as provided in Section 9.1(g), Lessee’s failure to make any payment of Rent when due;
(b) Lessee (i) is generally not paying, or admits in writing its inability to pay, its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy, for liquidation or to take advantage of any bankruptcy, insolvency, reorganization, moratorium or other similar law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to it or with respect to any substantial part of its property, (v) is adjudicated as insolvent or to be liquidated, or (vi) takes corporate action for the purpose of any of the foregoing;
(c) a court or a Regulatory Authority or other governmental agency of competent jurisdiction enters an order appointing, without consent by Lessee, a custodian, receiver, trustee or other officer with similar powers with respect to it or with respect to any substantial part of its property, or constituting an order for relief or approving a petition for relief or reorganization or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy or insolvency law of any jurisdiction, or ordering the dissolution, winding-up or liquidation of Lessee or any such petition shall be filed against Lessee and such petition shall not be dismissed within 90 days;
(d) Any representation or warranty made by Lessee herein shall prove to have been inaccurate in any material respect at the time made;
(e) a final judgment or judgments for the payment of money aggregating in excess of $1,000,000 are rendered against Lessee and which judgments are not, within 60 days after entry thereof, bonded, discharged or stayed pending appeal, or are not discharged within 60 days after the expiration of such stay;
(f) Lessee shall have breached or failed to comply in any material respect with any other covenant or agreement contained herein; or
(g) Notwithstanding Section 9.1(a), Lessee’s failure to pay Rent when due shall not constitute a default if (i) such failure is due to unforeseeable circumstances arising from a physical event beyond the control of the Lessee, including the incurrence of costs and expend...
Lessee Default. A default by the Lessee as defined in Section 6.1 of this Lease, and the Trustee's election to terminate this Lease.
Lessee Default. The Lessee will be in default under this Lease upon the occurrence of any of the following events or conditions:
(a) The Lessee’s failure to pay rent or make other payments at the time and the manner provided for herein, such failure having continued for a period of thirty (30) days after written notice thereof to the Lessee by the Lessor.
(b) The Lessee’s failure to submit an Assessment or Facilities Improvement Plan as required by Section 6(a), such failure having continued for a period of thirty (30) days after written notice thereof to the Lessee by the Lessor.
(c) The Lessee’s failure to perform or fulfill any other term, condition or agreement contained or referred to herein, such failure having continued for a period of thirty (30) days after notice thereof to the Lessee by the Lessor, provided that if the default is of such a nature that it cannot be cured within said thirty (30) day period, Lessee may request from Lessor additional time as needed to cure such breach, which consent for such additional time shall not be unreasonably withheld, delayed or conditioned, provided, that, Xxxxxx has indicated the reason the default cannot be cured within said thirty (30) day period, has provided Lessor with Xxxxxx's plan to cure said breach together with an estimated timeframe for said cure, and Xxxxxx demonstrates its due diligence in executing said plan. Lessee shall provide Lessor with updates regarding Xxxxxx’s progress in curing such breach upon the request of Lessor. Upon the occurrence of an event of default under this Section, the Lessor may, at its option, terminate this lease by written notice to Xxxxxx and expel the Lessee and those claiming under the Lessee, without being guilty of any manner of trespass.
Lessee Default. If Lessee at any time fails to promptly and fully perform the conditions and covenants set out hereinabove in this Section 14.6, and the failure is not corrected within ten (10) days of written Notice thereof, or if during the restoration or repair an Event of Default occurs hereunder, Lessor may, at its option, immediately cease making any further payments to Lessee for the restoration and repair.
Lessee Default. The occurrence of any one or more of the following events is deemed a “Lessee Default”:
a. If the Lessee defaults in the due and punctual payment of any installment of Rent, as and when due and payable in accordance with this Lease, and such default continues for more than ten (10) days after the sum is due;
b. Except with respect to an event of Force Majeure, in the event Lessee shall cease to operate its business, unless in connection with alterations or renovations, for a period of fifteen (15) consecutive days;
c. In the event a petition in bankruptcy under any present or future bankruptcy laws (including but not limited to reorganization proceedings or voluntary insolvency filing) be filed by or against Lessee and such petition is not dismissed or contested in good faith within sixty (60) days from the filing thereof, or in the event Lessee is adjudged a bankrupt;
d. In the event an assignment for the benefit of creditors is made by Lessee;
e. In the event of an appointment by any court of a receiver or other court officer of Lessee’s Premises and such receivership is not dismissed or contested in good faith within sixty (60) days from the date of such appointment;
f. In the event Lessee removes, attempts to remove, or permits to be removed from the Premises, except in the usual course of trade, a substantial portion of the Leasehold Improvements (furnishings, fixtures, and equipment) installed or placed upon the Premises by the Lessee during the Lease Term;
g. In the event Lessee, before the expiration of the Lease Term, and without the written consent of Lessor, abandons the possession of the Premises, or uses the same for purposes other than the purposes for which the same are hereby leased or as otherwise permitted by Lessor, and such default continues for more than thirty
Lessee Default. If any term, condition, or covenant of this lease to be by Xxxxxx kept or performed, shall be violated or neglected then, and in any of such said cases, the Lessee does hereby authorize and fully empower Lessor, or Lessor's agents, to cancel and annul this lease after 5 days notice for breach of the obligation to pay rent, and after 10 days notice of default for any other incident of default, during which periods Lessee has the right to cure such default, and if such default is not so cured by Lessee the Lessor shall have the right thereafter to re-enter and take possession of said premises by force, if necessary, without any other notice of intention to re-enter and remove all persons and their property therefrom, and to use force and assistance in affecting and perfecting such removal as Lessor may deem advisable to recover full and exclusive possession of all of the said demised premises whether in possession of Lessee or of third persons, or vacant; or, Lessor or Lessor's agent may, at its option, after such default or violation of condition or covenant re-enter and take possession of said premise, without such re-entry working a forfeiture of the rents to be paid and covenants to be kept by Xxxxxx for the full term of this lease. In such case Lessor shall be obligated to attempt to mitigate its damages.
Lessee Default. Each of the following events shall constitute a “Lessee Default”:
8.1.1 Lessee materially breaches any term of this Lease and (i) if such breach is capable of being cured within thirty (30) days after Lessor’s notice of such breach, Lessee has failed to cure the breach within such thirty (30) day period, or (ii) if Lessee has diligently commenced work to cure such breach during such thirty (30) day period but such breach is not capable of cure within such period, Lessee has failed to cure the breach within a further ninety (90) day period (such aggregate period not to exceed one hundred twenty (120) days from the date of Lessor’s notice); or
8.1.2 (i) Lessee commences a voluntary case under any bankruptcy law; (ii) Lessee fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against Lessee in an involuntary case under any bankruptcy law; or (iii) any involuntary bankruptcy proceeding commenced against Xxxxxx remains undismissed or undischarged for a period of sixty (60) days.
