Common use of LESSEE'S DEFAULT Clause in Contracts

LESSEE'S DEFAULT. The following events shall constitute defaults on the part of Lessee hereunder: the failure of the Lessee to pay any installment or rental when due: any breach or failure of Lessee to observe or perform any of its other obligations hereunder and the continuance of such default for 15 days after notice in writing to Lessee of the existence of such default; and the institution by or against Lessee of bankruptcy, reorganization, arrangement, assignment for the benefit of creditors, or insolvency proceedings. Upon the occurrence of any such default, Lessor may declare this lease in default and thereupon the equipment and all rights of the Lessee therein shall be surrendered to Lessor. Lessor may take possession of the equipment and all rights of Xxxxxx therein shall be surrendered to Xxxxxx. Lessor may take possession of the equipment wherever found, with or without process of law, and for this purpose may enter upon any premises of Lessee without liability for suit, action or other proceeding by Xxxxxx and remove the same. With respect to the equipment repossessed by Lessor, Lessor shall be entitled, in addition to the net amounts realized by Lessor through the sale, lease or other disposition of the equipment, to all damages sustained, including all sums due and unpaid, and all sums to become due as rentals to the end of the lease term, had it not been terminated by Lessor, less the re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to Lessor pursuant to this clause shall be a waiver of any breach or default by Lessee, or an acquiescence therein, or of any similar breach or default thereafter occurring.

LESSEE'S DEFAULT. The following events shall constitute defaults on the part of Lessee hereunder: the failure If this Lease is terminated in accordance with any of the terms herein (with the exception of Paragraph 27), or if Lessee vacates or abandons the Premises or if Lessee shall fail at any time to pay any installment or rental when due: any breach or failure of Lessee to observe keep or perform any of its other obligations hereunder the covenants or conditions of this lease for thirty (30) days after written notice delivered to Lessee for such failure, i.e., specifically the covenant for the payment of monthly rent, then, and the continuance in any of such default for 15 days after notice in writing to Lessee of the existence of such default; and the institution by or against Lessee of bankruptcy, reorganization, arrangement, assignment for the benefit of creditors, or insolvency proceedings. Upon the occurrence of any such default, events Lessor may declare this lease in default and thereupon the equipment and all rights of the Lessee therein shall be surrendered to Lessor. Lessor may take possession of the equipment and all rights of Xxxxxx therein shall be surrendered to Xxxxxx. Lessor may take possession of the equipment wherever found, with or without process of lawnotice or demand, at Lessor's option, and without being deemed guilty of trespass and/or without prejudicing any remedy or remedies which might otherwise be used by Lessor for arrearanges or preceding breach of covenant or condition of this purpose lease, enter into and repossess said Premises and expel the Lessee and all those claiming under Lessee. In such event Lessor may enter upon any premises of Lessee without liability for suit, action or other proceeding by Xxxxxx eject and remove from said Premises all goods and effects (forcibly if necessary). This lease is not otherwise terminated may immediately be declared by Lessor as terminated. The termination of this lease pursuant to this Article shall not relieve Lessee of its obligations to make the samepayments required herein . With respect In the event this lease is terminated pursuant to this Article, or if Lessor enters the equipment repossessed by LessorPremises without terminating this lease and Lessor relets all or a portion of the Premises, Lessor Lessee shall be entitledliable to Lessor for all the costs of reletting, in addition including necessary renovation and alteration of the leased Premises. Lessee shall remain liable for all unpaid rental which has been earned plus late payment charges pursuant to Paragraph 21 and for the remainder of the term of this lease for any deficiency between the net amounts realized by received following reletting and the gross amounts due from Lessee, or if Lessor through the saleelects, lease or other disposition of the equipment, to Lessee shall be immediately liable for all damages sustained, including all sums due rent and unpaid, and all sums to become due as rentals additional rent (Paragraph 19) that would be owing to the end of the lease term, had it not been terminated less any rental loss Lessee proves could be reasonably avoided, which amount shall be discounted by Lessorthe discount rate of the Federal Reserve Bank, less situated nearest to the Premises, plus one percent (1%). Lessor shall use its best efforts to re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to lease the Premises and otherwise mitigate the damages suffered by Lessor pursuant to this clause shall be a waiver of from any breach or default by Lessee, or an acquiescence therein, or of any similar breach or default thereafter occurring.

LESSEE'S DEFAULT. The If Lessee defaults in the payment of Base Rent or additional rent, or defaults in the performance of any of the other covenants and conditions of this Lease on its part to be performed Lessor shall give Lessee written notice of such defaults. If Lessee fails to cure any Base Rent or additional rent default within ten (10) days following events Lessee’s receipt of such notice or other default within thirty (30) days after Lessee’s receipt of such notice (or if such other default(s) is of such a nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such thirty (30) days and thereafter proceed with reasonable diligence to cure such default), then Lessor may terminate this Lease on not less than two (2) days’ prior written notice to Lessee, in the case of a non monetary default and no additional notice in the case of a monetary default, and on the date specified in said notice, Lessee’s right to the possession of the Premises shall constitute defaults cease. Lessor may lawfully re-enter the Premises or any part thereof, and repossess the same as of the former estate of Lessor and expel Lessee and those claiming under and through it and remove its effects, without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon entry as aforesaid this Lease shall terminate, and Lessee covenants that in case of such termination it will indemnify Lessor against any and all loss of rent which Lessor shall have incurred by reason of such default on the part of Lessee hereunder: the failure of the Lessee to pay any installment or rental when due: any breach or failure of Lessee to observe or perform any of its other obligations hereunder and the continuance of such default for 15 days after notice in writing to Lessee of the existence of such default; and the institution by or against Lessee of bankruptcy, reorganization, arrangement, assignment for the benefit of creditors, or insolvency proceedings. Upon the occurrence of any such default, Lessor may declare this lease in default and thereupon the equipment and all rights of the Lessee therein shall be surrendered to Lessor. Lessor may take possession of the equipment and all rights of Xxxxxx therein shall be surrendered to Xxxxxx. Lessor may take possession of the equipment wherever found, with or without process of law, and for this purpose may enter upon any premises of Lessee without liability for suit, action or other proceeding by Xxxxxx and remove the same. With respect to the equipment repossessed by Lessor, Lessor shall be entitled, in addition to the net amounts realized by Lessor through the sale, lease or other disposition of the equipment, to all damages sustained, including all sums due and unpaid, and all sums to become due as rentals to the end of the lease term, had it not been terminated by Lessor, less the re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to Lessor pursuant to this clause shall be a waiver of any breach or default by Lessee, or an acquiescence therein, or of any similar breach or default thereafter occurring.

LESSEE'S DEFAULT. The following events shall constitute defaults on the part of Lessee hereunder: the failure of If (i) the Lessee to pay defaults in the payment of any installment rent or rental when due: any breach other amounts due under the Lease and such default continues for ten (10) days after the Lessee’s receipt of written notice of such default, or failure (ii) the Lessee defaults in performance or observance of Lessee to observe or perform any of its covenants or obligations provided herein other obligations hereunder than payment of rent and fails to remedy the continuance of such default for 15 same within thirty (30) days after the Lessee’s receipt of written notice in writing to Lessee of the existence of such default; and the institution by or against Lessee of bankruptcy, reorganization, arrangement, assignment for the benefit of creditors, or insolvency proceedings. Upon the occurrence of any if such default, Lessor may declare this lease in default and thereupon the equipment and all rights is of the type that cannot reasonably be cured within thirty (30) days, the Lessee therein shall be surrendered not have commenced to Lessor. Lessor may take possession of the equipment cure such default within such thirty (30) day period and all rights of Xxxxxx therein shall be surrendered diligently proceed to Xxxxxx. Lessor may take possession of the equipment wherever found, with or without process of law, and for this purpose may enter upon any premises of Lessee without liability for suit, action or other proceeding by Xxxxxx and remove cure the same. With respect to ; then, in any of such events, the equipment repossessed by Lessor, Lessor shall be entitledentitled to exercise all rights and remedies afforded the Lessor in the State where the Leased Premises are located arising from such default. Without limiting the foregoing, the Lessor may, at the Lessor’s option, terminate this Lease or may, without such termination, enter into the Leased Premises, remove the Lessee’s property therefrom, and relet the Leased Premises, but in addition to the net amounts realized by Lessor through the saleevent of Lessor’s re-entry, lease or other disposition such re-entry shall not work a forfeiture of the equipmentrents to be paid and the covenants to be performed by the Lessee during the full term of this Lease. The mention herein of any particular remedy shall not preclude the Lessor from any other remedy which the Lessor might have, either in law or in equity, nor shall consent to all damages sustained, including all sums due and unpaid, and all sums to become due as rentals to the end of the lease term, had it not been terminated by Lessor, less the re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to Lessor pursuant to this clause shall one act which would otherwise be a waiver violation of any breach a covenant or default by Lessee, or condition of this Lease prevent a subsequent violation from having all the force and effect of an acquiescence therein, or of any similar breach or default thereafter occurringoriginal violation.

LESSEE'S DEFAULT. The following shall be the "events of default" under this Agreement, and the terms "event of default" or "default" shall constitute defaults on mean, whenever used in this Agreement, any one or more of the part of Lessee hereunderfollowing events: (i) the failure of the by Lessee to pay or cause to be paid the full amount of any installment rent or rental other charge specified in this Agreement, within three (3) days after the date when due: any breach or failure , subject to the notice requirement set forth in subparagraph 21(b); (ii) the insolvency of Lessee, an assignment by Lessee to observe or perform any of its other obligations hereunder and the continuance of such default for 15 days after notice in writing to Lessee of the existence of such default; and the institution by or against Lessee of bankruptcy, reorganization, arrangement, assignment for the benefit of creditors, or insolvency proceedings. Upon the occurrence filing by Lessee of any such defaulta voluntary petition of bankruptcy, Lessor may declare this lease in default an adjudication that Lessee is bankrupt, the appointment of a receiver for the properties of Lessee, the filing of an involuntary petition of bankruptcy and thereupon the equipment and all rights failure of Lessee to secure dismissal of the petition within thirty (30) days after filing, or the attachment of or levying of execution upon Lessee's leasehold interest and the failure of Lessee therein to secure discharge of the attachment or release of the levy or execution within ten (10) days; (iii) any abandonment of the Leased Property by Lessee (which shall include any absence of Lessee from the Leased Property for a period of five (5) or more continuous days); or (iv) the failure by Lessee to comply with any term or condition, or fulfill any obligation of this Agreement (other than the payment of rent or other charge) within thirty (30) days after written notice by Lessor specifying the nature of the default with reasonable particularity and requesting that the default be remedies; if the default is of such a nature that it cannot be completely remedies within the 30-day period, this provision shall be surrendered to Lessor. Lessor may take possession complied with if Lessee begins correction of the equipment default within the thirty-day period and all rights of Xxxxxx therein shall be surrendered thereafter proceeds with reasonable diligence and good faith to Xxxxxx. Lessor may take possession of affect the equipment wherever found, with or without process of law, and for this purpose may enter upon any premises of Lessee without liability for suit, action or other proceeding by Xxxxxx and remove the same. With respect to the equipment repossessed by Lessor, Lessor shall be entitled, in addition to the net amounts realized by Lessor through the sale, lease or other disposition of the equipment, to all damages sustained, including all sums due and unpaid, and all sums to become due remedy as rentals to the end of the lease term, had it not been terminated by Lessor, less the re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to Lessor pursuant to this clause shall be a waiver of any breach or default by Lessee, or an acquiescence therein, or of any similar breach or default thereafter occurringsoon as possible.

LESSEE'S DEFAULT. The following events a). In the event Lessee fails to preserve and maintain the Equipment, discharge all taxes, liens or charges, pay all costs, fees, assessments, and expenses or procure, maintain or pay for insurance, as above provided, Lessor at its option (i) may do so, and all such advances by Lessor together with reasonable costs incurred by Lessor in such performance, shall constitute defaults on be added to the part of Lessee hereunder: the failure unpaid balance of the rentals due hereunder and shall be repayable by Lessee to Lessor on demand, together with interest thereon at the rate of eighteen percent (18%) per annum if allowed, or if not, the maximum interest rate permitted by state law, or (ii) may consider such failure an immediate default hereunder. b). If Lessee should fail to pay Lessor any installment rent, or rental any other sums due Lessor as herein provided when due: any breach the same is due and payable, and such default continues after ten (10) days notice from Lessor, Lessee shall pay interest thereon from such date at the rate of eighteen percent (18%) per annum, if allowed, if not, then the maximum interest rate permitted by state law. If such default continues for more than ten (10) days, or failure of if Lessee should fail to observe observe, keep or perform any other provision of its this Lease or any schedule hereto, or any other obligations hereunder and lease, loan, credit or progressive agreement between the continuance of such parties, or if a default for 15 days after notice in writing to Lessee is declared under a). above, or if a petition or proceeding under any chapter of the existence Bankruptcy Act, as amended, or for the appointment of such default; and a receiver of any part of the institution property of Lessee, or any other proceedings for the relief of debts be filed by or against Lessee of bankruptcyor its property, reorganization, arrangement, or if Lessee should make a general assignment for the benefit of creditors, suspend business, become insolvent or, commence any act amounting to a business failure, or insolvency proceedings. Upon if an attachment or execution be levied or tax or other lien be filed against any of Lessee's property or against the occurrence Equipment, or if the condition of Lessee's affairs shall so change as to, in the Lessor's opinion, increase the business risk involved, then Lessor, at its option, and in addition to and without prejudice to any such defaultother remedies, Lessor may declare this lease in default and thereupon shall have the equipment and all rights right to exercise any one or more of the Lessee therein shall be surrendered following remedies: (i) declare the entire amount of rent hereunder immediately due and payable as to Lessor. Lessor may take possession any or all items of the equipment Equipment without notice or demand to Lessee; (ii) sue for and recover all rights of Xxxxxx therein shall be surrendered to Xxxxxx. Lessor may take possession of the equipment wherever foundrents, and other payments, then accrued or thereafter accruing, with respect to any or all items of Equipment; (iii) enter upon the premises where the Equipment is located and without court order or other process of law, and for this purpose may enter upon any premises of Lessee without liability for suit, action or other proceeding by Xxxxxx repossess and remove the same. With respect Equipment either with or without notice to Lessee (damages occasioned by such taking are hereby expressly waived by Lessee), and thereupon Lessee's right to possession and use of the Equipment shall terminate, but such repossession shall not constitute termination of the Lease unless Lessor expressly notifies Lessee in writing; (iv) sell or lease any or all items of Equipment at public or private sale for cash or on credit, or, if leased, to such persons and upon such terms as Lessor shall elect, and recover from Lessee all costs of taking possession, storing, repairing and selling or leasing the Equipment, including but not limited to; reasonable attorney's fees, and the unpaid balance of the total rent for the Lease term attributable to the equipment repossessed items of Equipment sold or leased less the net proceeds of such sale, if sold, or if leased, the rent under such lease attributable to the period remaining under this Lease. (v) terminate the Lease as to all items of Equipment; (vi) pursue any other remedies in law or in equity; (vii) no right or remedy reserved to Lessor by Lessor, Lessor this Lease shall be entitled, exclusive of any other right or remedy herein or allowed by law. All rights remedies conferred upon Lessor by this Lease or by law shall be cumulative and in addition to any other right and remedy available to Lessor and may be exercised simultaneously. 13. LEASE IRREVOCABLE: This Lease is irrevocable for the net amounts realized term thereof until the aggregate rentals provided for in the schedules have been paid by Lessor through Lessee. Rentals shall not abate during the sale, lease or other disposition term herxxx because Lessee's right to possession of the equipment, to all damages sustained, including all sums due and unpaid, and all sums to become due as rentals to Equipment has terminated or because the end Equipment has been repossessed or because of limitations of use of the lease term, had it not been terminated Equipment for any reason whatsoever unless specifically agreed to in writing by Lessor, less the re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to Lessor pursuant to this clause shall be a waiver of any breach or default by Lessee, or an acquiescence therein, or of any similar breach or default thereafter occurring14.

LESSEE'S DEFAULT. The following events shall constitute defaults Failure on the part of Lessee hereunder: the failure of the Lessee to pay any installment or rental when due: any breach or amounts payable under the terms of this Agreement or, failure of Lessee to observe or promptly and faithfully keep and perform any every covenant, condition, agreement and obligation of its other obligations hereunder and the continuance this Agreement for more than twenty (20) days after written notice of such default for 15 days after notice in writing shall have been given to Lessee Lessee, shall constitute an event of default under the existence terms of such default; and the institution by or against Lessee of bankruptcy, reorganization, arrangement, assignment for the benefit of creditors, or insolvency proceedingsthis Agreement. Upon the occurrence of any such an event of default, Lessor may declare Lessor, at its' option may, cause the forfeiture of this lease in default and thereupon Agreement, without, however, releasing Lessee from liability for its' obligations under the equipment and all rights terms of the Lessee therein shall be surrendered to Lessorthis Agreement. Lessor may take demand immediate possession of the equipment assets, demised premises and all rights improvements thereon and Lessee shall deliver the same to Lessor, either (i) as an operating facility, in the condition which lessee is required to maintain under the terms of Xxxxxx therein this Agreement, immediately upon receipt of written notice or, (ii) the Lessee shall at its' sole expense, complete the closure of the evaporation ponds, in accordance with the Wyoming Department of Environmental Quality requirements and return the assets, demised premises and all improvements thereon to the condition required upon the expiration of the original Gxxxxx Lease, within ninety (90) days after the receipt of written notice. Thereupon Lessor shall be surrendered entitled to Xxxxxx. Lessor and may take immediate possession of the equipment wherever foundpremises, with any other notice or without process demand being hereby waived. Lessee agrees to quit and deliver possession of lawthe demised premises to Lessor or Lessor's assigns, successors or agents, when this Agreement terminates by limitation or forfeiture, and for this purpose may enter upon any Lessee agrees that the premises of Lessee without liability for suitshall be in substantially the same order and in as good condition as received, action or other proceeding by Xxxxxx and remove the same. With respect subject to the equipment repossessed by Lessormaintenance, Lessor shall be entitled, in addition to the net amounts realized by Lessor through the sale, lease or other disposition repair and replacement requirements of the equipment, to all damages sustained, including all sums due and unpaid, and all sums to become due as rentals to the end of the lease term, had it not been terminated by Lessor, less the re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to Lessor pursuant to this clause shall be a waiver of any breach or default by Lessee, or an acquiescence therein, or of any similar breach or default thereafter occurringAqreement.

LESSEE'S DEFAULT. The following events shall constitute defaults on the part of Lessee hereunder: the failure of the Lessee to pay any installment or rental when due: any breach or failure of Lessee to observe or perform any of its other obligations hereunder and the continuance of such default for 15 days after notice in writing to Lessee of the existence of such default; and the institution by or against Lessee of bankruptcy, reorganization, arrangement, assignment for the benefit of creditors, or insolvency proceedings. Upon the occurrence of any such default, Lessor may declare this lease in default and thereupon the equipment and all rights of the Lessee therein shall be surrendered to Lessor. Lessor may take possession of the equipment and all rights of Xxxxxx Lessee therein shall be surrendered to XxxxxxLessor. Lessor may take possession of the equipment wherever found, with or without process of law, and for this purpose may enter upon any premises of Lessee without liability for suit, action or other proceeding by Xxxxxx Lessee and remove the same. With respect to the equipment repossessed by Lessor, Lessor shall be entitled, in addition to the net amounts realized by Lessor through the sale, lease or other disposition of the equipment, to all damages sustained, including all sums due and unpaid, and all sums to become due as rentals to the end of the lease term, had it not been terminated by Lessor, less the re-rental or other value thereof. No delay or omission to exercise any right, power or remedy accruing to Lessor pursuant to this clause shall be a waiver of any breach or default by Lessee, or an acquiescence therein, or of any similar breach or default thereafter occurring.