Common use of Tenant Default Clause in Contracts

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 or of Tenant’s interest in this Lease; (d) attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease; provided that no Tenant Default will be deemed to occur under this Section 25.1.7 if: (i) any petition described in clause (a) above that is filed against (rather than by) Tenant, is dismissed within sixty (60) days) after filing, (ii) any trustee or receiver shall take possession of substantially all of Tenant’s assets located at the Premises or Tenant’s interest in this Lease, but possession of the same is restored to Tenant within sixty (60) days or (iii) any attachment, execution or other judicial seizure described in clause (d) above is discharged within sixty (60) days. Any Notice from Landlord that is described in this Section 25.1 shall be in lieu of, and not in addition to, any Notice required under California Code of Civil Procedure Section 1161 regarding unlawful detainer actions or any similar successor statute. Accordingly, to the fullest extent permitted by Law, Tenant (for itself and all others claiming through Tenant) hereby expressly and irrevocably waives the notice requirements of California Code of Civil Procedure Section 1162 that would otherwise govern notices required under California Code of Civil Procedure Section 1161, and agrees that any notice provided pursuant to this Section 25.1 shall replace and satisfy any such requirements of California Code of Civil Procedure Section 1162.

Tenant Default. The occurrence of any one or more of the following events, upon the expiration shall be an "Event of the applicable notice and cure period set forth below, shall constitute a material default hereunder Default" by Tenant (“or a "Tenant Default”):": 25.1.1 Abandonment (1) The failure of the Premises Tenant to pay any Payment due and payable under Article 4 of this Lease Agreement if such failure continues for more than ten (10) days after Landlord gives written notice to Tenant that such amount was not paid when due; (2) The failure of Tenant to perform each and every covenant and agreement of Tenant with respect to insurance policies and coverages to be maintained by Tenant as defined pursuant to and in California Civil Code Section 1951.3 (“Abandonment”); 25.1.2 The failure by Tenant to make any payment accordance with Article 8.01 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 this Lease Agreement if 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 not remedied within five (5) business days after Landlord’s delivery Xxxxxxxx gives written notice to Tenant of Notice thereofsuch failure; 25.1.4 (3) Any Transfer material representation or warranty confined or made in this Lease Agreement by Tenant shall be found to have been incorrect in any material respect when made or deemed to have been made if such failure is not remedied within thirty (defined in Section 27.1, below30) or attempted Transfer in violation days after Landlord gives notice to Tenant of Article 27 of this Leasesuch failure; 25.1.5 (4) The failure by of Tenant to deliver any certificatekeep, 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 terms, covenants or provisions of agreements contained in this Lease Agreement on Tenant's part to be kept, performed or observed or performed by Tenant, (other than as specified those referred to in Sections 25.1.1 – 25.1.5 above clauses (1), (2), (3) or Section 25.1.7 below, where above) if (i) such failure shall continue for a period of ten is not remedied by Tenant within thirty (1030) business days after Landlord’s delivery notice from Landlord of Notice thereof; provided that if such default or (ii) in the nature case of any such failure is such that more than ten default which cannot with due diligence and good faith be cured within thirty (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 or of Tenant’s interest in this Lease; (d) attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease; provided that no Tenant Default will be deemed to occur under this Section 25.1.7 if: (i) any petition described in clause (a) above that is filed against (rather than by) Tenant, is dismissed within sixty (6030) days) after filing, (ii) any trustee or receiver shall take possession of substantially all of Tenant’s assets located at the Premises or Tenant’s interest in this Lease, but possession of the same is restored to Tenant within sixty (60) days or (iii) any attachment, execution or other judicial seizure described in clause (d) above is discharged within sixty (60) days. Any Notice from Landlord that is described in this Section 25.1 shall be in lieu of, and not in addition to, any Notice required under California Code of Civil Procedure Section 1161 regarding unlawful detainer actions or any similar successor statute. Accordingly, to the fullest extent permitted by Law, Tenant (for itself and all others claiming through Tenant) hereby expressly and irrevocably waives the notice requirements of California Code of Civil Procedure Section 1162 that would otherwise govern notices required under California Code of Civil Procedure Section 1161, and agrees that any notice provided pursuant fails to this Section 25.1 shall replace and satisfy any commence to cure such requirements of California Code of Civil Procedure Section 1162.default within thirty

Tenant Default. The occurrence of any one or more Each of the following eventsacts or omissions of Tenant or of any guarantor of Tenant’s performance hereunder, upon the expiration of the applicable notice and cure period set forth belowor occurrences, shall constitute a material default hereunder by Tenant (an “Tenant Event of 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 i) Failure or refusal to make any payment of pay Basic Rental, Additional Rent or any other payment or deposit required amount 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 paid 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 Landlord hereunder within five (5) business calendar days after Landlord’s delivery of Notice thereof; 25.1.4 Any Transfer (defined in Section 27.1, below) notice that the same is due 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 payable hereunder; said five (5) business days after Landlord’s delivery day period shall be in lieu of, and not in addition to, the notice requirements of Notice thereofSection 1161 of the California Code of Civil Procedure or any similar or successor law, provided that any such notice is prepared and served upon Tenant in accordance with the requirements of Section 1161 of the California Code of Civil Procedure or any similar or successor law; 25.1.6 The (ii) Except as set forth in items (i) above and (iii) through and including (vi) below, failure by Tenant to perform or observe any other covenant or perform any of the express or implied covenants or provisions condition of this Lease to be performed or observed or performed by Tenantwithin thirty (30) days following written notice to Tenant of such failure, other than as specified in Sections 25.1.1 – 25.1.5 above or Section 25.1.7 belowprovided, where such failure shall continue for a period of ten (10) business days after Landlord’s delivery of Notice thereof; provided however, that if the nature of any such Tenant’s failure is such that to perform reasonably requires more than ten thirty (1030) business days are reasonably required for its to cure, then no Tenant Default shall not be deemed to occur in default if (and for so long as) Tenant commences the to cure of such failure within said ten thirty (1030) business day period and thereafter diligently and in good faith prosecutes such cure to completion; or 25.1.7 The . Such thirty (a30) 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 or of Tenant’s interest in this Lease; (d) attachment, execution or other judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease; provided that no Tenant Default will be deemed to occur under this Section 25.1.7 if: (i) any petition described in clause (a) above that is filed against (rather than by) Tenant, is dismissed within sixty (60) days) after filing, (ii) any trustee or receiver shall take possession of substantially all of Tenant’s assets located at the Premises or Tenant’s interest in this Lease, but possession of the same is restored to Tenant within sixty (60) days or (iii) any attachment, execution or other judicial seizure described in clause (d) above is discharged within sixty (60) days. Any Notice from Landlord that is described in this Section 25.1 day notice shall be in lieu of, and not in addition to, any Notice required under Section 1161 of the California Code of Civil Procedure Section 1161 regarding unlawful detainer actions or any similar or successor statute. Accordinglylaw, to provided that any such notice is prepared and served upon Tenant in accordance with the fullest extent permitted by Law, Tenant (for itself and all others claiming through Tenant) hereby expressly and irrevocably waives the notice requirements of Section 1161 of the California Code of Civil Procedure Section 1162 or any similar or successor law; (iii) Abandonment of the Premises or any significant portion thereof while Tenant is in default in the payment of any of its monetary obligations or material non-monetary obligations hereunder; (iv) The filing by Tenant or any guarantor hereunder in any court pursuant to any statute of a petition in bankruptcy or insolvency or for reorganization or arrangement for the appointment of a receiver of all or a portion of Tenant’s property; the filing against Tenant or any guarantor hereunder of any such petition, or the commencement of a proceeding for the appointment of a trustee, receiver or liquidator for Tenant, or for any guarantor hereunder, or of any of the property of either, or a proceeding by any governmental authority for the dissolution or liquidation of Tenant or any guarantor hereunder, if such proceeding shall not be dismissed or trusteeship discontinued within sixty (60) days after commencement of such proceeding or the appointment of such trustee or receiver; or the making by Tenant or any guarantor hereunder of an assignment for the benefit of creditors; (v) Tenant’s failure to cause to be released any mechanics liens filed against the Premises or the Project within twenty (20) days after the date by which Tenant has received a second written notice from Landlord (after a Lien Notice and the expiration of the ten (10) day period specified in Article 10 above) that would otherwise govern notices required under California Code the same shall have been filed or recorded; or (vi) Tenant’s failure to observe or perform according to the provisions of Civil Procedure Section 1161Articles 7, and agrees that 14, 17 or 25 within five (5) business days after notice from Landlord (which notice from Landlord may be delivered only after any notice provided pursuant to this Section 25.1 shall replace and satisfy any cure periods specified in such requirements of California Code of Civil Procedure Section 1162Article).