Non-Curable Defaults. Notwithstanding paragraph (a), the parties acknowledge that because the Premises is part of an airport, severe, dangerous circumstances could occur that would warrant County proceeding with terminating the lease upon notice under Code of Civil Procedure section 1161(3) or (4) (relating to non-curable breaches) instead of the 30-day notice specified in paragraph (a). Specifically, termination upon notice under Code of Civil Procedure section 1161(3) or (4) may occur in any of the following circumstances:
i) When the breach or default cannot be cured by Lessee after notice;
ii) When Lessee uses the Airport for an unlawful purpose;
iii) When Lessee commits, maintains, or allows the commission or maintenance of a nuisance (as defined in Civil Code section 3479 et seq.) on the Airport; or
iv) When the breach or default causes a serious risk to the safety or security of persons or property at the Airport, including, without limitation, a deliberate act of violence; criminal activity that jeopardizes the Airport or people or property thereon; willful disobedience of published rules and regulations; or willful disobedience of lawful instructions of Department of Airports staff relating to aircraft operations or an immediate safety or security need at the Airport. In these circumstances, maintaining the lease for an additional 30 calendar days would result in danger to the public, other tenants, or the Airport. The parties do not intend de minimis breaches or trivial defaults to warrant termination upon notice under Code of Civil Procedure section 1161(3) or (4).
Non-Curable Defaults. Notwithstanding any provision of this Lease, Landlord shall not be entitled to terminate this Lease or reenter or recover possession of the Premises for any non-monetary default of Tenant which is not curable.
Non-Curable Defaults. Notwithstanding the other provisions of Section 17.1, Owner may also elect to declare Contractor in material default and may terminate Contractor immediately upon written notice (unless a longer period is otherwise expressly provided in this Agreement with regard to the matters in Sections 17.1.2.1 through 17.1.2.5 below, it being agreed that the cure periods in Section 17.1.1 above do not apply to Sections 17.1.2.1 through 17.1.2.5) and/or take such other action as Owner may be allowed, in the event of any of the following:
17.1.2.1 The commencement of an action or petition by or against Leighton, China/Macau, China/HK or any Guarantor under applicable bankruptcy laws; or any general assignment by Leighton, China/Macau, China/HK or any Guarantor for the benefit of its creditors; or the appointment of a receiver, trustee or manager to take charge of the assets of Leighton, China/Macau, China/HK or any Guarantor; or any of Leighton, China/Macau, China/HK or any Guarantor becomes insolvent, goes into liquidation, has a receiving or administrative order made against it or compounds with its creditors; or if any act is done or event occurs which (under any applicable Law) has a similar effect to any of the acts or events outlined herein;
17.1.2.2 The exercising of any mechanics’ or materialmens’ lien rights on Owner’s property, the Site, the Project and/or the Work by a Subcontractor, Vendor, laborer, materialman, or supplier or any other party providing services or material engaged by, on behalf of, or acting under the direction of Contractor or any Subcontractor or Vendor in connection with the Work, unless that Owner’s property, the Site, the Project and/or the Work, as applicable, is released from such lien(s) or, at Owner’s option, satisfied by bond or other security, in an amount and with a bonding company reasonably satisfactory to Owner and Owner’s Lenders within the time periods set forth in and pursuant to Section 7.19.2 hereof;
17.1.2.3 Failure of Contractor for five successive days or an aggregate of seven days in any thirty (30) day period (other than Sundays or national holidays), to have an adequate number of laborers or Subcontractors at the Site who are actively and productively working on the Project, unless a Permissible Delay exists for such absence, unless within five (5) days after written notice from Owner Contractor has and thereafter maintains an adequate number of laborers and Subcontractors on Site actively and productively working o...
Non-Curable Defaults. Maintaining, committing, or permitting on the Premises waste, a nuisance or use of the Premises for any unlawful purpose; entering into a transfer contrary to the provisions of Section 11; and committing any other breach of the Lease which is not capable of cure. To the extent permitted by applicable law, the time period provided in this Section 18 for cure of the Tenant’s defaults under this Lease or for surrender of the Premises shall be in lieu of, and not in addition to, any similar time periods prescribed by applicable law as a condition precedent to the commencement of legal action against Tenant for possession of the Premises.
Non-Curable Defaults. With regard to those non-curable defaults specified in Section 18, Landlord shall give Tenant a notice specifying the nature of the default and the provisions of this Lease breached and Landlord shall have the right to demand in such notice that Tenant quit the Premises within five (5) days.
Non-Curable Defaults. Nothing in this Article 12 shall require any Leasehold Mortgagee or Limited Partner or its designee as a condition to the exercise of rights provided under this Article 12 to cure any default of Tenant not reasonably susceptible of being cured by such Leasehold Mortgagee, Limited Partner or their designees. The foregoing shall not be deemed to excuse a Leasehold Mortgagee from performing covenants relating to the condition of the Project or Project or other similar matters requiring access to and/or control of the Project from and after such time as such Leasehold Mortgagee acquires Tenant’s interest in this PILOT Lease by foreclosure or otherwise.
Non-Curable Defaults. (i) Nothing herein contained shall require any Leasehold Mortgagee or its designee as a condition to its exercise of rights hereunder to cure any default or event of default of CCOI not reasonably susceptible of being cured by such Leasehold Mortgagee or its designee, in order to comply with the provisions of Sections 9.08(g) or (h), or as a condition of entering into the New Lease provided for by Section 9.08(i), defaults or events of default capable of being cured by the payment of money to a third party shall, in any event, be deemed reasonably susceptible of being cured.
(ii) If the Authority shall elect to terminate this Lease by reason of any default or event of default of CCOI not reasonably susceptible of being cured by a Leasehold Mortgagee, and a Leasehold Mortgagee shall have proceeded in the manner provided by Section 9.08(g)(i), the specified date for the termination of this Lease as fixed by the Authority in its termination notice shall be extended as provided for in Section 9.08(h), provided that such Leasehold Mortgagee shall proceed in the manner set forth in Section 9.08(h).
Non-Curable Defaults. Violation of the terms and conditions of Sections D, I, J and K herein shall be grounds for immediate cancellation of this Agreement.
Non-Curable Defaults. If any Credit Party, Borrower Subsidiary or Subsidiary of the Borrower, as the case may be, defaults in the performance or observance of any of Section 9.1(c), Section 9.1(q), Section 9.2 (except for Sections 9.2(c) and 9.2(p)) or Section 9.3 or any other term, condition or covenant which is incapable of being cured.
Non-Curable Defaults. The Borrowers acknowledge and agree that the following Defaults and Events of Default constitute "Non-Curable Defaults (so referred to herein)," cannot be cured, and that they have no right to cure or attempt to cure any Default or Event of Default related to the events described in any of Sections 10.5 (Misrepresentation), 10.10 (Business Failure), 10.11 (Bankruptcy), 10.12 (Indictment - Forfeiture), or 10.15 (Challenge to Loan Documents). Upon the occurrence of any Default or Event of Default with respect to Non-Curable Defaults, the Agent may commence enforcing the Agent's Rights and Remedies in accordance with Article 11.
