Tenant Breach. If, during the initial term of this Lease or any renewal term, (i) Tenant defaults in any payment of the Rent expressly reserved hereunder for ten (10) days after receipt of written notice thereof, or any part of the same; (ii) Tenant shall default in fulfilling any of the covenants, obligations, or agreements of this Lease (other than the covenants for the payment of Rent payable by Tenant hereunder), or (iii) this Lease, without the prior written consent of Landlord or except as expressly permitted, shall be assigned, pledged, mortgaged, transferred, or sublet in any manner, and such default in (ii) shall continue for thirty (30) days after service of notice of the default by Landlord, or in the event of a default or contingency set forth in (ii) hereinabove cannot with due diligence be cured within a period of thirty (30) days, if Tenant fails to proceed promptly after the service of said notice and with all due diligence to commence to cure the same and thereafter to prosecute the curing of such default with all due diligence [it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which Tenant is to cure the same shall be extended for such period as may be reasonably necessary to complete the same with all due diligence], Landlord, at its option, may pursue the remedies as set forth hereinafter.
Appears in 4 contracts
Samples: Lease (SoftBrands, Inc.), Lease (Fourth Shift Corp), Lease Agreement (BMC Industries Inc/Mn/)
Tenant Breach. If, during the initial term Initial Term of this Lease or any renewal termTerm, (i) Tenant defaults in any payment of the Rent expressly reserved hereunder hereunder, or any part of the same and such default shall continue for ten (10) days after receipt of written notice thereof, or any part of the samethereof by Landlord; (ii) Tenant shall default in fulfilling any of the covenants, obligations, or agreements of this Lease (other than the covenants for the payment of Rent payable by Tenant hereunder), or (iii) this Lease, without the prior written consent of Landlord or except as expressly permittedpermitted herein, shall be assigned, pledged, mortgaged, transferred, or sublet in any manner, and such default in (ii) shall continue for thirty (30) days after service of notice of the default by Landlord, or in the event of a default or contingency set forth in (ii) hereinabove cannot with due diligence be cured within a period of thirty (30) days, if Tenant fails to proceed promptly after the service of said notice and with all due diligence to commence to cure the same and thereafter to prosecute the curing of such default with all due diligence [(it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which Tenant is to cure the same shall be extended for such period as may be reasonably necessary to complete the same with all due diligence]), Landlord, at its option, may pursue the remedies as set forth hereinafter.
Appears in 1 contract
Samples: Lease (SBS Technologies Inc)