Common use of Non-Curable Defaults Clause in Contracts

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).