Tenant Default. (a) Any of the following occurrences or acts shall constitute an “Event of Default” (herein so called) under this Lease: if (i) Tenant shall fail to pay any scheduled installment of Fixed Rent or Additional Rent when due and such failure shall continue uncured for a period of ten (10) days after Landlord notifies Tenant in writing of such failure (each an “Installment Default Notice”); or if, within a twelve (12) month period following delivery of not less than two (2) Installment Default Notices by Landlord, Tenant shall fail to pay any scheduled installment of Fixed Rent or Additional Rent when due and such failure shall continue uncured for a period of five (5) days or (ii) Tenant shall default in the payment when due of any installment of Additional Rent payable hereunder and such default shall continue for ten (10) days after notice of such default is sent to Tenant by Landlord (or Lender); or (iii) the failure by Tenant to maintain insurance as required under this Lease; or (iv) Tenant shall default in fulfilling any of the other covenants, agreements or obligations of this Lease, and such default shall continue for more than thirty (30) days after written notice thereof from Landlord (or Lender) specifying such default, provided, that if Tenant has commenced to cure a default described in subparagraph (iv) above within said thirty (30) days, and thereafter is in good faith diligently prosecuting same to completion and such default is of a nature such that it cannot be cured within such thirty (30) day period, said thirty (30) day period shall be extended, for a reasonable time (not to exceed an additional ninety (90) days) or, with respect to a breach of Tenant’s obligations under Section 40 of this Part II, such longer period as may reasonably be necessary to cure such default so long as (A) Tenant delivers to Landlord a certificate of a qualified environmental remediation specialist that such default could not be cured within such one hundred eighty (180) days but is curable, and (B) Tenant is in good faith diligently prosecuting such cure to completion) where, due to the nature of a default, it is unable to be completely cured within thirty (30) days; or (v) any execution or attachment shall be issued against Tenant or any of its property whereby the Premises shall be taken or occupied or attempted to be taken or occupied by someone other than Tenant, and the same shall not be bonded, dismissed, or discharged as promptly as possible under the cir...
Tenant Default. Notwithstanding any contrary provision of this Amendment, if Tenant defaults under this Amendment before the Tenant Improvement Work is completed, then (a) Landlord’s obligations under this Work Letter shall be excused, and Landlord may cause Tenant’s contractor to cease performance of the Tenant Improvement Work, until such default is cured, and (b) Tenant shall be responsible for any resulting delay in the completion of the Tenant Improvement Work.
Tenant Default. If Tenant shall fail to pay the Fixed Rent or other charges required to be paid by Tenant hereunder or to observe any of the covenants or obligations on Tenant's part to be performed hereunder or to comply with any of the other provisions of this Lease, such act or omission shall constitute a default by Tenant under this Lease. In the event of a default by Tenant, Landlord may give written notice to Tenant and if Tenant thereafter fails to cure any such default involving the payment of money within ten (10) days after the date on which such notice was given, or if the default involves some act or omission other than the payment of money and shall not be cured within thirty (30) days after the date on which such notice was given (provided, however, if the default involves some act or omission other than the payment of money which cannot be cured within thirty (30) days after the date on which such notice was given, Landlord shall not exercise any remedies unless the cure thereof is not undertaken promptly within such period and thereafter expeditiously completed), then in any such event the Landlord shall have the right to terminate this Lease or exercise any other remedies available to it under Texas law.
Tenant Default. The occurrence of any one or more of the following events, upon the expiration of the applicable notice and cure period set forth below, shall constitute a material default hereunder by Tenant (“Tenant Default”):
25.1.1 Abandonment of the Premises by Tenant as defined in California Civil Code Section 1951.3 (“Abandonment”);
25.1.2 The failure by Tenant to make any payment of Rent or any other payment or deposit required to be made by Tenant hereunder (including, without limitation, under Article 7 above), as and when due, where such failure shall continue for a period of three (3) business days after Landlord’s delivery of Notice thereof;
25.1.3 The failure by Tenant to obtain and keep in force at all times any insurance Tenant is required to obtain and keep in force under Article 22, where such failure shall continue for a period of five (5) business days after Landlord’s delivery of Notice thereof;
25.1.4 Any Transfer (defined in Section 27.1, below) or attempted Transfer in violation of Article 27 of this Lease;
25.1.5 The failure by Tenant to deliver any certificate, instrument or statement that is required to be delivered by Tenant under Article 28, Article 29 or Section 36.16 within the time periods required in Article 28, Article 29 or Section 36.16, as applicable, where such failure shall continue for a period of five (5) business days after Landlord’s delivery of Notice thereof;
25.1.6 The failure by Tenant to observe or perform any of the express or implied covenants or provisions of this Lease to be observed or performed by Tenant, other than as specified in Sections 25.1.1 – 25.1.5 above or Section 25.1.7 below, where such failure shall continue for a period of ten (10) business days after Landlord’s delivery of Notice thereof; provided that if the nature of any such failure is such that more than ten (10) business days are reasonably required for its cure, then no Tenant Default shall be deemed to occur if (and for so long as) Tenant commences the cure of such failure within said ten (10) business day period and thereafter diligently prosecutes such cure to completion; or
25.1.7 The (a) making by Tenant of any general assignment for the benefit of creditors; (b) filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy; (c) appointment of a trustee or receiver to take possession of substantially all of Tenant’s assets located at the Premises...
Tenant Default. Notwithstanding any contrary provision of this Agreement, during any period in which a Default is continuing beyond any applicable notice and cure period, (a) Landlord’s obligations to make payments of the Allowance under this Work Letter shall be excused, and Landlord may cause Tenant’s contractor to cease performance of the Tenant Improvement Work, until such Default is cured, and (b) Tenant shall be responsible for any resulting delay in the completion of the Tenant Improvement Work.
Tenant Default. (a) It shall be a “Tenant Default” if: (i) Tenant shall default in the payment of Fixed Rent or any other amount payable to Landlord hereunder, and such default shall continue for more than fifteen (15) days after written notice to Tenant; or (ii) Tenant shall default in fulfilling any of the other covenants of this Lease, and such default shall continue for more than 30 days after written notice thereof from Landlord, specifying such default (provided that if Tenant has commenced to cure within said 30 days, and thereafter is prosecuting same to completion, said 30 day period shall be extended for a reasonable period of time under the circumstances, where, due to the nature of the default, it is unable to be completely cured within 30 days); then, in any such event, Landlord may give to Tenant notice of intention to end the Term hereof, and if Landlord shall do so, the Term shall expire as if that day were the day herein fixed for the expiration of the Term, and Tenant shall then quit the Property and surrender the same, but shall remain liable as hereinafter provided.
Tenant Default. Section
16.1 is hereby amended to state that, for all matters other than payment of rent or additional rent (as to which the current default provisions shall continue to apply), tenant will be in default only if the designated failure is not cured for 30 days after notice; provided that the time periods in this Section 4 shall not extend any cure period in the lease beyond 30 days.
Tenant Default. If Tenant shall default in the payment of Rent herein -------------- reserved when due and fails to cure such default within five (5) business days after written notice of such default is given to Tenant by Landlord; or if Tenant shall be in default in performing any of the terms or provisions of this Lease other than the provisions requiring the payment of Rent, and fails to cure such default within thirty (30) days after written notice of such default is given to Tenant by Landlord or, if such default cannot be cured within thirty (30) days, Tenant shall not be in default if Tenant promptly commences and diligently proceeds the cure to completion as soon as possible and in all events within sixty (60) days; or if Tenant is adjudicated a bankrupt; or if a permanent receiver is appointed for Tenant's Property and such receiver is not removed within ninety (90) days after written notice from Landlord to Tenant to obtain such removal; or if, whether voluntarily or involuntarily, Tenant takes advantage of any debtor relief proceedings under any present or future law, whereby the Rent or any part thereof, is, or is proposed to be, reduced or payment thereof deferred; or if Tenant's effects should be levied upon or attached and such levy or attachment is not satisfied or dissolved within thirty (30) days after written notice from Landlord to Tenant to obtain satisfaction thereof; then, and in any of said events, Landlord, at its option, may exercise any or all of the remedies set forth in Section 26(b) below.
Tenant Default. Without limiting or superseding any separate cure rights that Tenant may have under applicable law, the occurrence of any of the following shall constitute an immediate default and breach of this Lease by Tenant (except where cure periods are expressly provided):
(a) Any failure by Tenant to pay when due the Rent or make any other required payment;
(b) Tenant’s failure to observe or perform any Lease provision where such failure continues for ten days after Notice thereof to Tenant; provided, if the nature of the default is such that it cannot reasonably be cured within the ten-day period, Tenant shall not be deemed in default if, in the ten-day period, Tenant commences to cure and thereafter diligently prosecute the cure to completion;
(c) If at any time during the Term there is a Bankruptcy Event involving Tenant;
(d) Any attempted Transfer in violation of Article 8; or
(e) Tenant fails to take possession of the Premises on the Commencement Date.
Tenant Default. If Tenant abandons the premises or otherwise defaults in the performance of any obligations or covenants herein, Landlord may enforce the performance of this lease in any manner provided by law. This lease may be terminated at Landlord's discretion if such abandonment or default continues for a period of 10 days after Landlord notifies Tenant of such abandonment or default and of Landlord's intention to declare this lease terminated. Such notice shall be sent by Landlord to Tenant at the leased premises by certified mail or otherwise. If Tenant has not completely removed or cured default within the 10-day period, this lease shall terminate. Thereafter, Landlord or its agents shall have the right, without further notice or demand, to enter the leased premises and remove all persons and property without being deemed guilty of trespass and without waiving any other remedies for arrears of rent or breach of covenant. Upon abandonment or default by the Tenant, the remaining unpaid portion of the rental from paragraph 4 herein, shall become due and payable.
