Repeated Default Sample Clauses

Repeated Default. (a) Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default in the timely payment of any Fixed Minimum Rent, Percentage Rent or any Additional Charges due Landlord from Tenant or the payment of any other money due Landlord from Tenant under the terms of this Lease, and any such default shall be repeated four (4) times in any period of twelve (12) consecutive months, then, notwithstanding that such default may have been cured within the period provided in this Lease, but only if Tenant was notified of each such prior default, any further similar default within said twelve (12) month period shall be deemed to be a Repeated Event of Default. (b) In the event of a Repeated Event of Default, Landlord, without giving Tenant any notice and without affording Tenant an opportunity to cure the default may terminate this Lease forthwith without notice to Tenant.
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Repeated Default. Notwithstanding anything set forth in this Lease to the contrary, if Tenant defaults in the timely payment of Fixed Minimum Rent or any other charge or in the performance of its other agreements hereunder, and if any such default shall be repeated two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such default shall have been cured within the cure period provided in Section 7.1 hereof, any further similar default within said twelve (12) month period shall be deemed to be a “Repeated Default”. In the event of a Repeated Default, Tenant shall have no right to cure same and Landlord, without giving Tenant any notice or the opportunity to cure such default, may exercise all rights and remedies available to Landlord pursuant to Section 7.1 hereof, including, without limitation, the right to terminate this Lease. If Tenant defaults under this Lease more than one (1) time in any twelve (12) month period, irrespective of whether such default is cured by Tenant or waived by Landlord, then, immediately upon demand by Landlord, Tenant shall immediately increase the Security Deposit to an amount equal to the greater of (a) three (3) times the amount set forth in Section 2.6 or (b) one-fourth (1/4th) of the then applicable annual Fixed Minimum Rent.
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Repeated Default. Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default in the timely payment of any Rent due Landlord pursuant to this Lease, and if any such default, after written notice as set forth above in Section 9.1 (a) shall occur two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such default shall have been cured within the period after such notice, any further default within said twelve (12) month period shall be deemed to be a Repeated Default. In the event of a Repeated Default, Tenant shall not have the right to cure same and Landlord, without giving Tenant any further notice and without affording Tenant any opportunity to cure such default, may exercise any rights or remedies available to Landlord pursuant to Section 9.2 hereof, including, without limitation, the right to terminate this Lease or to require Tenant to increase its security deposit to an amount satisfactory to Landlord, in Landlord's sole and absolute discretion.
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Repeated Default. (i) Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default in the timely payment of any Rents due Landlord from Tenant, or the payment of any other charges due Landlord from Tenant under the terms of this Lease, and any such default shall be repeated two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such default shall have been cured within the period after notice as provided in this Lease, any further similar default within said twelve (12) month period shall be deemed to be a “Repeated Default”. (ii) In the event of a Repeated Default, Landlord may, in addition to any other rights and remedies provided Landlord in this Lease or at law or in equity, and without notice to Tenant and without affording Tenant an opportunity to cure such Repeated Default, terminate this Lease forthwith.
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Repeated Default. 12.1. Bất kỳ miễn trừ hoặc xxxx xxx xxxxx xxxxx xxxx xx nào xxxx hợp đồng cũng chỉ có xxxx xxx xxxxx xxxx vi ZEISS đã phê xxxxx bằng văn bản xxx xxxx điểm ký kết hợp đồng. Các xxxx xxxxx xxx buộc xxx xxx sẽ áp xxxx xxx mục 2.2. 12.2. Xxxxx xxxxxx hợp Xxx xxxx cấp đã xxxx xxxxx xxxxx xxxxx xxxx với bất kỳ bên thứ ba nào xxxxx xxx xxxxx ký hợp đồng và xxxx xxxxx xxxxx xxxxx xxxx đó được xxxxx xxxx xx xxx xxx xxxx tranh bất hợp pháp, Xxx xxxx cấp có xxxxx xx xxxxx xxxx xxx xxxxx bằng 15% giá trị đơn hàng cho ZEISS, trừ khi một trong hai xxx xxxxx xxxx được mức độ thiệt hại khác nhau. Các yêu cầu và xxxxx xxxx xxx xxxxx bị xxx xxxxx. 12.3. Việc giao hàng thay thế cho hàng bị lỗi sẽ được xxxx xxxx xxxx bằng hàng không có xxx xxxx không được lặp xxx xxx đó. Xxx xxxx xxxxx xxxx thiết kế lỗi kỹ thuật, XXXXX sẽ ngay lập tức có xxxxx đòi các xxxxx xxx xxxx mục 12.6 với điều kiện là việc đặt xxxx xxxx ân xxx xxxxx hợp lý. 12.4. Xxx xxxx cấp sẽ yêu cầu sự đồng xxxxx xxx XXXXX để sửa chữa hàng xxx xxxx dịch vụ bị lỗi. 12.5. Xxx xxxx cấp xxxx xxxx mọi xxx ro tổn thất do tai nạn và thiệt hại do tai nạn xxxxx xxxx gian hàng xxx xxxx dịch vụ bị xxx xxxxx xxxxx xxxxx sở xxx xxx ZEISS. 12.6. Không xxx xxxxx đến các xxxxx xxxx xxxx định (bao gồm xxxxx xxxxx xxxx xxx ở việc hủy bỏ, giảm giá, thiệt hại và xxxx trả chi phí), XXXXX có thể xxx xxxx xxx xxxx xxx xxxx, tự khắc xxxx xxx xxxx xxx xxx thứ ba xxxx xxxx và có thể yêu cầu các chi phí cần thiết và một xxxxx xxxxx xxxx xxx xxx xxxxx xxx xxx Xxx xxxx cấp xxxxx xxxx xxxx xxx xxxxx xxxx gian xxx xxx hợp lý của ZEISS và Xxx xxxx cấp không từ xxxx xxxx xxxx một cách hợp pháp. 12.7. Trong các xxxxxx hợp khẩn cấp (bao gồm xxxxx xxxxx giới xxx x xxxxxx hợp an xxxx xxx xxxx gặp xxxx xxxx xxxx xxxx mục đích ngăn ngừa thiệt hại hoặc mất mát đặc xxxx xxx) hoặc để xxxx bỏ các xxx xxxxx đáng kể, XXXXX sẽ có xxxxx tự xxxx xxxx thông qua các bên thứ ba khắc xxxx xxx và mọi thiệt hại hoặc tổn thất bằng chi phí của Xxx xxxx cấp, sau khi thông xxx xxx Xxx xxxx cấp và sau một xxxx xxxx ân xxx xxxx hợp lý đã hết hạn. 12.8. Mục 12.7 cũng sẽ được áp xxxx xxx XXXXX xxxx xxxx xxxx xxx ngay lập tức để tránh sự chậm trễ trong việc giao hàng và do đó xxx xxxx thiệt hại. 12.9. Xxxx xxx đối với các khiếu nại của XXXXX phát sinh từ xxxxx 13.1 If, after receipt of a warning notice by ZEISS, Supplier delivers or performs an essentially identical or similar good or service also late or defective, ZEISS shall be entitled to immediately rescind the contract p...
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Repeated Default. 9 Section 9.4
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Repeated Default. (a) Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default in the timely payment of any rent or any additional charges due Landlord from Tenant or the payment of any other money due Landlord from Tenant under the terms of this Lease, any such default shall be repeated two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such default shall have been cured within the applicable periods, as provided in this Lease, any further similar default within said twelve (12) month period shall be deemed to be a repeated Event of Default. (b) In the event of a Repeated Event of Default, Landlord, without giving Tenant any notice and without affording Tenant an opportunity to cure the default, may terminate this Lease forthwith without notice to Tenant.
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Related to Repeated Default

  • Major Default The Purchasers shall be considered to be in “Major Default” in the event that (a) the Purchasers are in breach of their obligations under the Agreement and (b) such breaches, individually or in the aggregate, resulted or would reasonably be expected to result in (i) material Losses to the Sellers or their Affiliates, (ii) material reputational harm to the Sellers or their Affiliates, (iii) material and adverse regulatory consequences to the Sellers or their Affiliates, for which, in each case of clauses (i) through (iii), indemnification by the Purchasers pursuant to Article 8 of the Agreement would not be sufficient to remedy all damages incurred by the Sellers and their Affiliates or (iv) if the Sellers reasonably determine, based on the advice of counsel, that it would reasonably be expected to be a violation of their fiduciary duties under applicable Law to not terminate the Agreement, taking into account the indemnification by the Purchasers pursuant to Article 8 of the Agreement; provided, that the following breaches shall be excluded, and not taken into account, in determining if a Major Default has occurred: (x) any breach to the extent resulting from any action taken by the Purchasers pursuant to and in accordance with written direction given by the Sellers and (y) any breach to the extent arising out of or resulting from, directly or indirectly, a breach by the Sellers of the Agreement, the Transition Services Agreement or the Purchase Agreement.

  • ERISA Default The occurrence of one or more ERISA Events that (a) the Required Lenders determine could have a Material Adverse Effect, or (b) results in a Lien on any of the assets of any Company.

  • Default Events 7.1 A Default Event occurs, if 7.1.1 N-S Digital TV or its successor or transferee and/or the Xxxxxxx or his successor or transferee fails to perform its or his obligations under the Agreements; 7.1.2 any representation or warranty made by the Xxxxxxx in Section 5 hereof is substantially misleading or mistaken, and/or the Xxxxxxx violates any of his representations and warranties made in Section 5 hereof; 7.1.3 the Xxxxxxx violates any of his undertakings in Section 6 hereof; 7.1.4 the Xxxxxxx violates any provisions herein; 7.1.5 except with agreement made under Section 6.1.1 hereof, the Xxxxxxx abandons, or transfers without written approval of the Pledgee, the pledged Equity; 7.1.6 any loan, security, compensation, undertaking or other liability owed or made by the Xxxxxxx to any third party (1) is required to be discharged or performed early as a result of default; or (2) has become due but cannot be discharged or performed in due time and, in the opinion of the Pledgee, the ability of the Xxxxxxx to perform his obligations hereunder has been affected; 7.1.7 the Xxxxxxx is unable to discharge his ordinary debts or any other liabilities; 7.1.8 the enactment of any laws or regulations causes invalidity of this Agreement or makes the Xxxxxxx unable to continue the performance of his obligations hereunder; 7.1.9 any ratification, license, approval or authorization by the government that is required for the enforceability or validity or effectiveness of this Agreement is withdrawn, suspended, substantially amended or has lapsed; 7.1.10 any unfavorable change occurs to the Xxxxxxx’x property and, in the opinion of the Pledgee, the ability of the Xxxxxxx to perform his obligations hereunder has been affected by such change; or 7.1.11 in any other cases where, according to the relevant statutory provisions, the Pledgee becomes unable to exercise its Right of Pledge. 7.2 Upon becoming aware of or discovering the occurrence of any Default Event or of any event that may cause the occurrence of any Default Event set forth in Section 7.1, the Xxxxxxx shall immediately inform in writing the Pledgee of such occurrence. 7.3 In the case of any Default Event, unless such Default Event has been settled to the satisfaction of the Pledgee, the Pledgee may, upon the occurrence of the Default Event or at any time after such occurrence, give the Xxxxxxx a written Notice of Default, requiring the Xxxxxxx to pay off immediately all debts and other amounts payable under the Agreements or to promptly perform and/or cause N-S Digital TV to perform the Agreements. If the Xxxxxxx or N-S Digital TV fails to correct his or its default or to adopt necessary remedial measures within 10 days from the date of the Notice of Default, the Pledgee is entitled to exercise the Right of Pledge according to Section 8 hereof.

  • Landlord Default If Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement or any obligation of Landlord, if any, under any agreement affecting the Leased Property, the performance of which is not Tenant’s obligation pursuant to this Agreement, and any such default shall continue for a period of thirty (30) days after Notice thereof from Tenant to Landlord and any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct the same, Tenant may declare the occurrence of a “Landlord Default” by a second Notice to Landlord and to such Facility Mortgagee. Thereafter, Tenant may forthwith cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys’ fees and court costs) incurred by Tenant in curing the same, together with interest thereon (to the extent permitted by law) from the date Landlord receives Tenant’s invoice until paid, at the Overdue Rate. Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof. If Tenant and Landlord shall fail, in good faith, to resolve any such dispute within ten (10) days after Landlord’s Notice of dispute, either may submit the matter for resolution in accordance with Article 22.

  • Automatic Defaults If any Event of Default referred to in Section 7.11 hereof shall occur: (a) all of the Commitment shall automatically and immediately terminate, if not previously terminated, and no Lender thereafter shall be under any obligation to grant any further Loan, nor shall the Fronting Lender be obligated to issue any Letter of Credit; and (b) the principal of and interest then outstanding on all of the Loans, and all of the other Obligations, shall thereupon become and thereafter be immediately due and payable in full (if the Obligations are not already due and payable), all without any presentment, demand or notice of any kind, which are hereby waived by each Borrower.

  • Waiver of Event of Default The Majority Certificateholders may, on behalf of all Certificateholders, by notice in writing to the Trustee, direct the Trustee to waive any events permitting removal of any Master Servicer under this Agreement, provided, however, that the Majority Certificateholders may not waive an event that results in a failure to make any required distribution on a Certificate without the consent of the Holder of such Certificate. Upon any waiver of an Event of Default, such event shall cease to exist and any Event of Default arising therefrom shall be deemed to have been remedied for every purpose of this Agreement. No such waiver shall extend to any subsequent or other event or impair any right consequent thereto except to the extent expressly so waived. Notice of any such waiver shall be given by the Trustee to the Rating Agency.

  • Existing Defaults No Loan Party is in default in the performance, observance or fulfillment of any of the obligations, contained in any Contractual Obligation applicable to it, and no condition exists which, with or without the giving of notice or the lapse of time, would constitute a default under such Contractual Obligation, except, in any such case, where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to have a Material Adverse Effect on the Loan Parties, taken as a whole.

  • Occurrence of Default Any Transfer hereunder shall be subordinate and subject to the provisions of this Lease, and if this Lease shall be terminated during the term of any Transfer, Landlord shall have the right to: (i) treat such Transfer as cancelled and repossess the Subject Space by any lawful means, or (ii) require that such Transferee attorn to and recognize Landlord as its landlord under any such Transfer. If Tenant shall be in default under this Lease, Landlord is hereby irrevocably authorized, as Tenant’s agent and attorney-in-fact, to direct any Transferee to make all payments under or in connection with the Transfer directly to Landlord (which Landlord shall apply towards Tenant’s obligations under this Lease) until such default is cured. Such Transferee shall rely on any representation by Landlord that Tenant is in default hereunder, without any need for confirmation thereof by Tenant. Upon any assignment, the assignee shall assume in writing all obligations and covenants of Tenant thereafter to be performed or observed under this Lease. No collection or acceptance of rent by Landlord from any Transferee shall be deemed a waiver of any provision of this Article 14 or the approval of any Transferee or a release of Tenant from any obligation under this Lease, whether theretofore or thereafter accruing. In no event shall Landlord’s enforcement of any provision of this Lease against any Transferee be deemed a waiver of Landlord’s right to enforce any term of this Lease against Tenant or any other person. If Tenant’s obligations hereunder have been guaranteed, Landlord’s consent to any Transfer shall not be effective unless the guarantor also consents to such Transfer.

  • Representations True; No Event of Default Each of the representations and warranties of any of the Borrower and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing.

  • Specific Defaults The Company fails to perform or observe any term, covenant or agreement contained in any of Section 6.01, 6.02, 6.03 or 6.09(c) or in Article VII; or

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