Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is due and payable; or c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of failure by Tenant to perform any one or more of the following events obligations shall constitute a default and breach of this Lease hereunder by Tenant:
a. (1) If Tenant fails to take possession abandons all or a substantial portion of the Premises or abandons or vacates the Premises; or;
b. (2) If Tenant fails to pay any Rent rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; orprovided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;
d. (3) If a writ of attachment or execution is levied on Tenant involuntarily transfers Tenant's interest in this Lease or on any of Tenantvoluntarily transfers (attempted or actual) its interest in this Lease, without Landlord's Property; orprior written consent;
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. (4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws Federal Bankruptcy Laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five sixty (4560) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five sixty (4560) days; or;
g. (5) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's Property personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; orpersonal property;
h. (6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d (1) through g (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "A" in the Project consisting of approximately 69,022 square feet.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The abandonment of the Premises by Tenant; the vacation of the Premises by Tenant for a period of twenty one (21) consecutive days; or abandons any vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or vacates otherwise lapse; in each of the Premises; orforegoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for three a period of five (35) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder (collectively, "GUARANTOR") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 31 or 32 or 43;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Letter of Credit or the Security Deposit to the amount and fully perform within the time period provided in Paragraph 7 or Paragraph 8, respectively, above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or (m) above or any other covenantsubparagraphs of this Paragraph 25, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within ninety (90) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic Delinquency, in any proceeding or action addition to Landlord's other remedies for Default provided in which this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Samples: Lease Agreement (General Magic Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid monies due and payable hereunder, said failure continuing for a period of five (5) days after the same is due;
(c) A general assignment by Tenant under or any guarantor or surety of Tenant's obligations hereunder (collectively, "GUARANTOR") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Letter of Credit to the amount and within the time period provided in Paragraph 7, above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or (m) above or any other subparagraphs of this Paragraph 24, which shall be governed by such other Paragraphs), which failure continues for three ten (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (3010) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within thirty (30) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (455) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic Delinquency, in any proceeding or action addition to Landlord's other remedies for Default provided in which this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Samples: Lease Agreement (Combichem Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the PremisesPremises accompanied by non-payment of Rent; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's ’s Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Sublease Agreement (Biolargo, Inc.)
Tenant’s Default. The occurrence of failure by Tenant to perform any one or more of the following events obligations shall constitute a default and breach of this Lease hereunder by Tenant:
a. (1) If Tenant fails to take possession abandons all or a substantial portion of the Premises or abandons or vacates (vacation of the Premises; orPremises while continuing to pay rent and perform all other obligations of the tenant hereunder shall not be deemed "abandonment");
b. (2) If Tenant fails to pay any Rent rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; orprovided, however, that the obligation of Tenant to pay a late charge or interest pursuant to this Lease below shall commence as of the due date of the rent or such other monetary obligation and not on the expiration of such five (5) day grace period;
c. (3) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained involuntarily transfers Tenant's interest in this Lease and such failure continues for thirty or voluntarily transfers (30attempted or actual) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on its interest in this Lease or on makes any of TenantAlterations, in either case without Landlord's Property; orprior written consent;
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. (4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws Federal Bankruptcy Laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or;
g. (5) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's Property personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Propertypersonal property;
(6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within thirty (30) days after such written notice; or
h. (9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d (1) through g (8) above.
Appears in 1 contract
Samples: Office Lease (Newgen Results Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant (“Default”):
a. If Tenant fails to take possession (a) The vacation of the Premises for a consecutive period of sixty (60) days or abandons more, without (i) the intention of retaking possession or vacates occupancy, and (ii) providing for the Premises; orsecurity of the Building, or the abandonment of the Premises by Tenant or any other vacation which would cause any insurance policy to be invalidated or otherwise lapse;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such failure continues for three payable hereunder within five (35) days after the date the same are due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing by Tenant of a voluntary petition for an arrangement, the filing by or against Tenant of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant, if Tenant is due a natural person, or the failure by Tenant to maintain its legal existence, if Tenant is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment in the time periods and manner required by Paragraphs 30 or 31 or 42;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provisions of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(i) Failure of Tenant to deposit the Letter of Credit with Landlord when required under Paragraph 7, and/or failure of Tenant to restore the Letter of Credit to the amount and fully perform within the time period provided in Paragraph 7;
(j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained in this Lease and which shall be governed by such other subparagraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditorsRent, or provides for an arrangementany other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” shall mean failure by Tenant to pay Rent, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdictionother periodic payments required to be paid by Tenant under this Lease, custody when due (i) for any three (3) months (consecutive or control remains in force unrelinquished, unstayed or unterminated for a nonconsecutive) during any period of forty-five twelve (4512) days; or
g. If in any proceeding months or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do soii) for any twelve (12) months (consecutive or nonconsecutive) during the purpose Term. In the event of enforcing a lien against Chronic Delinquency, in addition to Landlord’s other remedies for Default provided in this Lease, at Landlord’s option, Landlord shall have the Premises or Tenant's Property; or
h. If right to require that Rent be paid by Tenant is a partnership or consists of more than one (1) person or entityquarterly, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (310) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such so failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant Xxxxxx makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition position for relief or if a petition against Tenant in is a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafterhereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose Purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Lease Addendum (Freei Networks Inc)
Tenant’s Default. The occurrence Tenant’s failure to perform any of any one or more of its obligations under this Lease when due and in the following events manner required shall constitute a material breach and default and breach (“Event of Default”) of this Lease by Tenant, subject to any cure period(s) permitted or available under applicable laws or statutes. In addition, the following shall also be deemed Events of Default hereunder:
a. If Tenant fails to take possession (a) Tenant’s abandonment of the Premises Premises;
(b) any material misrepresentation or abandons omission herein or vacates in any financial statements or other materials provided by Tenant or any Guarantor in connection with negotiating or entering this Lease or in connection with any Transfer under Article 17;
(c) cancellation of any guaranty of this Lease by any Guarantor;
(d) failure by Tenant to cure within any applicable times permitted thereunder any default under any other lease for space in the Premises; or
b. If Tenant fails to pay any Rent Complex or any other charges required to be paid buildings owned or managed by Tenant Landlord or its affiliates now or hereafter entered by Tenant; and any Default hereunder not cured within the times permitted for cure herein shall, at Landlord’s election, constitute a default under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition such lease or agreement contained in this Lease and such failure continues for thirty leases;
(30e) days after written notice thereof from Landlord to Tenant; or
d. If The levy of a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or’s property;
e. If Tenant makes a (f) Tenant’s or any Guarantor’s general assignment for the benefit of creditors or creditors, or provides for an arrangement, composition, extension extension, or adjustment with its creditors; or;
f. If Tenant files (g) Tenant’s or any Guarantor’s filing of a voluntary petition for relief relief, or if the filing of a petition against Tenant or any Guarantor in a proceeding under the federal bankruptcy Federal Bankruptcy laws or other insolvency laws which is filed and not withdrawn or dismissed within forty-five (45) days thereafter; or, of if under the provisions of any law providing for reorganization or winding up of corporations, the assumption by any court of competent jurisdiction assumes of jurisdiction, custody custody, or control of Tenant or any substantial part of its property and property, or of any Guarantor, where such jurisdiction, custody custody, or control remains in force unrelinquished, unstayed unstayed, or unterminated for a period of forty-forty five (45) days; or;
g. If in (h) In any proceeding or action in which Tenant is a party, the appointment of a trustee, receiver, agent agent, or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. (i) If Tenant or any Guarantor is a partnership or consists of more than one (1) person or entity, if the involvement of any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d subsections (i) through g (l) above. Notwithstanding anything to the contrary herein, an Event of Default shall not be deemed to have occurred if Tenant fails to perform any covenant of this Lease other than its obligation timely to pay the Rent, unless such failure continues after Landlord’s delivery of written notice for a period of thirty (30) days or such longer time as may reasonably be required to cure the default, provided in the latter case that Tenant immediately begins to cure such nonmonetary default and thereafter diligently and continuously prosecutes such cure to completion.
Appears in 1 contract
Tenant’s Default. The occurrence of any Tenant agrees to pay the Base Rent and the Additional Rent at the time, in the amount and in the manner herein described. Any one or more of the following events shall constitute be deemed a default by Tenant and a breach of this Lease by TenantSublease, namely:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. a) If Tenant fails to pay any installment of Base Rent or to pay any Additional Rent within ten (10) days of the due date; or
b) If Tenant fails to observe or perform any of the other charges required to be paid by Tenant under terms, covenants or conditions of this Lease Sublease other than paying rents when due, and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for the expiration of thirty (30) days after from the date Landlord gives written notice thereof from Landlord to TenantTenant calling attention to the existence of such failure, provided however, that if Tenant cannot reasonably correct the default (other than non-payment) within said thirty (30) day period, Tenant shall be given a reasonable period of time to correct the default; or
d. c) If a writ of attachment Tenant is declared bankrupt or execution is levied on this Lease or on any of Tenant's Propertyinsolvent by judicial decree; or
e. d) If Tenant takes the benefit of any federal reorganization or composition proceedings; or
e) If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its of creditors; or
f. f) If Tenant files Tenant's Leasehold interest in this Sublease is sold under any process of law, or
g) If a voluntary petition trustee in bankruptcy or a receiver is appointed or elected for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) daysTenant; or
g. h) If in Tenant abandons the Subleased Property and fails to pay any proceeding installment of Base Rent or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Propertypay any Additional Rent; or
h. i) If any materialman's, mechanic's or other lien is filed against the Subleased Property in connection with any improvements, alterations or additions made by Tenant, and Tenant is a partnership permits the lien or consists of more than one (1) person or entityliens to stand against the Subleased Property, if any partner not securing the discharge of the partnership Subleased Property from such liens by filing an appropriate bond within thirty (30) days from date of lien filing, pursuant to applicable law. Should Tenant file a bond and elect to contest the lien or other person or entity is involved liens, no default shall be in any effect pending final legal determination of the acts disputed lien; or
j) If any act or events described in subparagraphs d through g aboveomission of Tenant would cause a default under the Prime Lease.
Appears in 1 contract
Tenant’s Default. The occurrence In the event the Tenant shall default in the payment of Base Rent, Additional Rent, or any other sums payable by the Tenant hereunder (“monetary default”) and such monetary default shall continue for a period of three (3) days, or if the Tenant shall default in the performance of any other covenants or agreements of this Lease (“non-monetary default”) and such non-monetary default shall continue for ten (10) days, or if the Tenant should become bankrupt or insolvent or any debtor proceedings be taken by or against the Tenant, then and in addition to any and all other legal remedies and rights, the Landlord may declare the entire balance of the rent for the remainder of the term to be due and payable and may collect the same by distress or otherwise, may terminate the Lease, may terminate Tenant’s right to possession without terminating the Lease or take any other remedy allowed by Florida law, and Landlord shall have a lien on the personal property of the Tenant which is located in the Premises. Landlord may, without first obtaining a distress warrant, lock up the Premises in order to protect said interest in the secured property, or the Landlord may terminate this Lease and retake possession of the Premises, or enter the Premises and relet the same without termination, in which latter event the Tenant covenants and agrees to pay any deficiency after Tenant is credited with the rent thereby obtained less all repairs and expenses (including the expenses of obtaining possession), or the Landlord may resort to any two or more of such remedies or rights, and adoption of one or more of such remedies or rights shall not prevent the following events shall constitute a default enforcement of others concurrently or thereafter. The Tenant also covenants and breach of this Lease by Tenant:
a. If Tenant fails agrees to take possession pay all attorney’s fees and costs and expenses of the Premises Landlord, including court costs, if the Landlord employs an attorney to collect rent or abandons or vacates enforce other rights of the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained Landlord herein in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions event of any law providing for reorganization breach as aforesaid, and the same shall be payable regardless of whether collection or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody enforcement is effected by suit or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g aboveotherwise.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute be a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If (a) Tenant fails to pay any Rent rent payment or other sum due under this Lease within ten (10) days after the same shall be due and payable.
(b) Tenant fails to perform or observe any other charges term, condition, covenant or obligation required to be paid performed or observed by Tenant it under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for a period of thirty (30) days (or such shorter time provided herein) after written notice thereof from Landlord Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be cured within thirty (30) days and if Tenant commences such performance within said thirty-day (30) period and thereafter diligently undertakes to complete the same, then such failure shall not be a default hereunder if it is cured within sixty (60) days following Landlord’s notice.
(c) Tenant vacates or abandons, or fails to occupy the Premises, or any substantial portion thereof, for a period of fourteen (14) days.
(d) A trustee, disbursing agent, or receiver is appointed to take possession of all or substantially all of Tenant; or
d. If a writ ’s assets in, on or about the Premises or of attachment or execution is levied on Tenant’s interest in this Lease (and Tenant or on any guarantor of Tenant's Property’s obligations under this Lease does not regain possession within sixty (60) days after such appointment); or
e. If Tenant makes a general an assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its of creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws all or other insolvency laws is filed and not withdrawn substantially all of Tenant’s assets in, on or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of about the Premises or Tenant's Property ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) days thereafter).
(e) A petition in bankruptcy, insolvency, or has for reorganization or arrangement is filed by or against Tenant or any guarantor of Tenant’s obligations under this Lease pursuant to any federal or state statute, and, with respect to any such petition filed against it. Tenant or such guarantor fails to secure a stay or discharge thereof within sixty (60) days after the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner filing of the partnership same.
(f) Immediately, in the event of any assignment, subletting or other person or entity is involved in any transfer for which the prior written consent of the acts Landlord has not been obtained.
(g) Immediately, in the event of discovery of any false or events described misleading statement concerning financial information submitted by Tenant to Landlord in subparagraphs d through g aboveconnection with obtaining this Lease or any other consent or agreement by Landlord. Notwithstanding the foregoing, so long as the Tenant shall be the Republic of France, represented by the Consulate General of France, Los Angeles, California, Sections 19.1(d), (e) and (g) shall not be applicable.
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Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. (a) If Tenant fails to take possession of the Premises or abandons or vacates the PremisesPremises for thirty (30) consecutive days or longer and fails to pay Rent; or
b. (b) If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three ten (310) days after Landlord delivers written demand to Tenant for such payment is due and payableunpaid amounts; or
c. (c) If Tenant fails to promptly and fully perform any other covenant, condition or agreement of Tenant contained in this Lease and such failure continues for within thirty (30) days after receipt of written notice thereof from Landlord specifying such default, or if such default cannot reasonably be cured within thirty (30) days, if Tenant fails to Tenantcommence to cure and diligently pursue such cure within that thirty (30) day period; or
d. (d) If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property’s Property that would have a material adverse effect on Tenant’s ability to perform its obligations hereunder; or
e. (e) If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. (f) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. (g) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after written notice thereof from Landlord to Tenant that such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to TenantTenant without Tenant commencing action to cure such default within ten (10) days after receipt of Landlord's notice; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Office Building Lease (NMXS Com Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession (a) the abandonment of the Premises or abandons or vacates the Premises; or;
b. If (b) failure by Tenant fails to pay any Rent or any other charges when required to be paid by Tenant under this Lease hereunder and such failure continues for three ten (310) days after Tenant’s receipt of written notice from Landlord of such payment is due and payable; orfailure, provided, that Landlord shall only be obligated to provide Tenant with written notice of monetary default one (1) time in any period of twelve (12) consecutive months;
c. If (c) failure by Tenant fails to promptly and fully observe or perform any other covenantof the covenants, condition conditions or agreement contained in provisions of this Lease and to be observed or performed by Tenant, except the payment of Rent, where such failure continues shall continue for a period of thirty (30) days after written notice thereof from by Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any Tenant (provided, however, that if the nature of Tenant's Property; or’s default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion);
e. If (d) the making by Tenant makes a or Guarantor (while the Guaranty is in effect) of any general assignment or general arrangement for the benefit of creditors; or creditorsthe filing by or against Tenant or Guarantor (while the Guaranty is in effect) of a petition to have Tenant or Guarantor (while the Guaranty is in effect) adjudged a bankrupt, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition or a reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant in a proceeding under within thirty (30) days; or the federal bankruptcy laws attachment, execution or other insolvency laws judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is filed and not withdrawn or dismissed discharged within forty-five thirty (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (4530) days; or
g. If (e) any of the Liquor License for the Premises is revoked or is suspended for more than three (3) weeks by the State of Arizona or the City of Phoenix for any reason whatsoever. Notwithstanding the cure period allowed by subparagraph (c) above, it shall be an immediate default under this Lease if Tenant fails to surrender the Premises to Landlord upon the expiration or sooner termination of the Lease, or if any failure of Tenant to comply with any provision of this Lease results in the cancellation of any proceeding property insurance coverage or action causes or results in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of dangerous condition on the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner remainder of the partnership Property, and such failure to comply is not cured as soon as reasonably possible after notice thereof by Landlord to Tenant. In no event shall financial inability be considered a reasonable ground for failure of Tenant to cure any breach of, or other person or entity is involved in any failure to comply with, the provisions of the acts or events described in subparagraphs d through g abovethis Lease.
Appears in 1 contract
Samples: Lease (VCG Holding Corp)
Tenant’s Default. The occurrence For the purposes of this Section 17.1, if the term “Tenant”, as used in this Lease, refers to more than one person, then, such term shall be deemed to include all of such persons or any one or more of them; if any of the following events shall constitute a default and breach obligations of Tenant under this Lease by are guaranteed, the term “Tenant”, as used in Section 17.1(e) and Section 17.1(f), shall be deemed to also include the guarantor or, if there is more than one guarantor, all or any one of them; and if this Lease has been assigned, the term “Tenant”, as used in Sections 17.1 (a) through (h), inclusive, shall be deemed to include the assignee and assignor, jointly and severally, unless Landlord shall have, in connection with such assignment, previously released the assignor from any further liability under this Lease, in which event the term “Tenant”, as used in said subparagraphs, shall not include the assignor that was previously released. Tenant’s continued occupancy and quiet enjoyment of the Premises and this Lease and the covenants and estate hereby granted are subject to the limitation that:
a. If a) if Tenant fails to take possession make any payment of any Fixed Monthly Rent or Additional Rent within three (3) business days after any date upon which the Premises or same becomes due; or
b) if Tenant abandons or vacates the Premises; or
b. If c) if Tenant fails to pay defaults in the keeping, observance or performance of any Rent covenant or any other charges required to be paid agreement set forth in Sections 6.1, 6.2, or 19.3, and if such default continues and is not cured by Tenant under this Lease and such failure continues for three (before the expiration of Landlord’s written 3) days after such payment is due and payable-Day Notice to Cure or Quit; or
c. If d) if Tenant fails to promptly and fully perform defaults in the keeping, observance or performance of any other covenant, condition covenant or agreement contained including any provisions of the rules and regulations established by Landlord (other than a default of the character referred to in this Lease Sections 17.1 (a), (b) or (c)), and if such failure default continues for and is not cured by Tenant within thirty (30) days after written Landlord has given to Tenant a notice thereof from specifying the same, or, in the case of such a default which for causes beyond Tenant’s reasonable control (including occupancy of a sublessee) cannot with due diligence be cured within such period of thirty (30) days, if Tenant:
i) does not, promptly upon Tenant’s receipt of such notice, advise Landlord of Tenant’s intention duly to Tenantinstitute all steps necessary to cure such default; or
d. If ii) does not duly institute and thereafter diligently prosecute to completion all steps (including, if appropriate, legal proceedings against a writ of attachment or execution is levied on this Lease or on any of Tenant's Propertydefaulting sublessee) necessary to cure the same; or
e. If Tenant e) intentionally omitted; or
f) if Tenant:
i) applies for or consents to the appointment of, or the taking of possession by a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property;
ii) admits in writing its inability, or is generally unable, to pay its debts as such debts become due;
iii) makes a general assignment for the benefit of its creditors;
iv) commences a voluntary case under federal bankruptcy laws (as now or creditorshereafter in effect);
v) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up, or provides for an arrangement, composition, extension composition or adjustment with its creditorsof debts;
vi) fails to controvert in a timely or appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under such bankruptcy laws;
vii) takes any action for the purpose of effecting any of the foregoing; or
f. If Tenant files a voluntary petition for relief or g) if a petition against Tenant proceeding or case is commenced, without the application or consent of Tenant, in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody seeking:
i) the liquidation, reorganization, dissolution, winding up, or control composition or readjustment of Tenant or any substantial part debts, of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) daysTenant; or
g. If in any proceeding or action in which Tenant is a party, ii) the appointment of a trustee, receiver, agent custodian, liquidator or custodian is appointed to take charge the like of the Premises Tenant or Tenant's Property (of all or has the authority to do so) for the purpose a substantial part of enforcing a lien against the Premises or Tenant's Propertyits assets; or
h. If iii) similar relief with respect of Tenant is a partnership under any law relating to bankruptcy, insolvency, reorganization, winding up, or consists composition or adjustment of more than one (1) person debts, and such proceeding or entitycase shall continue undismissed, if any partner of the partnership or other person an order, judgment or entity is involved in decree approving or ordering any of the acts foregoing shall be entered and continue unstayed and in effect, for a period of sixty (60) days, or events described an order for relief against Tenant shall be entered in subparagraphs d through g abovean involuntary case under such bankruptcy laws; or
h) if Tenant fails to take possession of and move into the Premises within fifteen (15) calendar days after Landlord tenders the same in writing to Tenant, unless Tenant acknowledges and accepts the Commencement Date as occurring within such fifteen-day time period, and pays Rent thereon from such Commencement Date; then, in any or each such event, Tenant shall be deemed to have committed a material default under this Lease.
Appears in 1 contract
Tenant’s Default. The occurrence For the purposes of this Section 17.1, if the term “Tenant”, as used in this Lease, refers to more than one person, then, such term shall be deemed to include all of such persons or any one or more of them; if any of the following events shall constitute a default and breach obligations of Tenant under this Lease by are guaranteed, the term “Tenant”, as used in Section 17.1(e) and Section 17.1(f), shall be deemed to also include the guarantor or, if there is more than one guarantor, all or any one of them; and if this Lease has been assigned, the term “Tenant”, as used in Sections 17.1 (a) through (h), inclusive, shall be deemed to include the assignee and assignor, jointly and severally, unless Landlord shall have, in connection with such assignment, previously released the assignor from any further liability under this Lease, in which event the term “Tenant”, as used in said subparagraphs, shall not include the assignor that was previously released. Tenant’s continued occupancy and quiet enjoyment of the Premises and this Lease and the covenants and estate hereby granted are subject to the limitation that:
a. If a) if Tenant fails to take possession make any payment of Fixed Monthly Rent or Additional Rent within three (3) business days after any date upon which the Premises or same becomes due; or
b) if Tenant abandons or vacates the Premises; or
b. If c) if Tenant fails to pay defaults in the keeping, observance or performance of any Rent covenant or any other charges required to be paid agreement set forth in Sections 6.1, 6.2, or 19.3, and if such default continues and is not cured by Tenant under this Lease and such failure continues for three (before the expiration of Landlord’s written 3) days after such payment is due and payable-Day Notice to Cure or Quit; or
c. If d) if Tenant fails to promptly and fully perform defaults in the keeping, observance or performance of any other covenant, condition covenant or agreement contained including any provisions of the rules and regulations established by Landlord (other than a default of the character referred to in this Lease Sections 17.1 (a), (b) or (c)), and if such failure default continues for and is not cured by Tenant within thirty (30) days after written Landlord has given to Tenant a notice thereof from specifying the same, or, in the case of such a default which for causes beyond Tenant’s reasonable control (including occupancy of a sublessee) cannot with due diligence be cured within such period of thirty (30) days, if Tenant:
i) does not, promptly upon Tenant’s receipt of such notice, advise Landlord of Tenant’s intention duly to Tenantinstitute all steps necessary to cure such default; or
d. If ii) does not duly institute and thereafter diligently prosecute to completion all steps (including, if appropriate, legal proceedings against a writ of attachment or execution is levied on this Lease or on any of Tenant's Propertydefaulting sublessee) necessary to cure the same; or
e. If Tenant e) intentionally omitted; or
f) if Tenant:
i) applies for or consents to the appointment of, or the taking of possession by a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property;
ii) admits in writing its inability, or is generally unable, to pay its debts as such debts become due;
iii) makes a general assignment for the benefit of its creditors;
iv) commences a voluntary case under federal bankruptcy laws (as now or creditorshereafter in effect);
v) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up, or provides for an arrangement, composition, extension composition or adjustment with its creditorsof debts;
vi) fails to controvert in a timely or appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under such bankruptcy laws;
vii) takes any action for the purpose of effecting any of the foregoing; or
f. If Tenant files a voluntary petition for relief or g) if a petition against Tenant proceeding or case is commenced, without the application or consent of Tenant, in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody seeking:
i) the liquidation, reorganization, dissolution, winding up, or control composition or readjustment of Tenant or any substantial part debts, of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) daysTenant; or
g. If in any proceeding or action in which Tenant is a party, ii) the appointment of a trustee, receiver, agent custodian, liquidator or custodian is appointed to take charge the like of the Premises Tenant or Tenant's Property (of all or has the authority to do so) for the purpose a substantial part of enforcing a lien against the Premises or Tenant's Propertyits assets; or
h. If iii) similar relief with respect of Tenant is a partnership under any law relating to bankruptcy, insolvency, reorganization, winding up, or consists composition or adjustment of more than one (1) person debts, and such proceeding or entitycase shall continue undismissed, if any partner of the partnership or other person an order, judgment or entity is involved in decree approving or ordering any of the acts foregoing shall be entered and continue unstayed and in effect, for a period of sixty (60) days, or events described an order for relief against Tenant shall be entered in subparagraphs d through g abovean involuntary case under such bankruptcy laws; or
h) if Tenant fails to take possession of and move into the Premises within fifteen (15) calendar days after Landlord tenders the same in writing to Tenant, unless Tenant acknowledges and accepts the Commencement Date as occurring within such fifteen-day time period, and pays Rent thereon from such Commencement Date; then, in any or each such event, Tenant shall be deemed to have committed a material default under this Lease.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:tenant.
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; , or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is due and payable; , or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after alter written notice thereof from Landlord to Tenant; , or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's ’s Property; , or
e. If Tenant tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; , or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or, or Initials Initials
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. If Tenant tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Office Building Lease (Unify Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute be a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If (a) Tenant fails to pay any Rent rent payment or other sum due under this Lease within five (5) days after the same shall be due and payable.
(b) Tenant fails to perform or observe any other charges term, condition, covenant or obligation required to be paid performed or observed by Tenant it under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for a period of thirty (30) days (or such shorter time provided herein) after written notice thereof from Landlord Landlord; provided, however, that if the term, condition, covenant or obligation to Tenant; orbe performed by Tenant is of such nature that the same cannot reasonably be cured within thirty (30) days and if Tenant commences such performance within said thirty-day (30) period and thereafter diligently undertakes to complete the same, then such failure shall not be a default hereunder if it is cured within sixty (60) days following Landlord's notice.
d. If (c) Tenant vacates or abandons, or fails to occupy the Premises, or any substantial portion thereof, for a writ period of attachment fourteen (14) days.
(d) A trustee, disbursing agent, or execution receiver is levied on this Lease appointed to take possession of all or on any substantially all of Tenant's Propertyassets in, on or about the Premises or of Tenant's interest in this Lease (and Tenant or any guarantor of Tenant's obligations under this Lease does not regain possession within sixty (60) days after such appointment); or
e. If Tenant makes a general an assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its of creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws all or other insolvency laws is filed and not withdrawn substantially all of Tenant's assets in, on or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of about the Premises or Tenant's Property interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) days thereafter).
(e) A petition in bankruptcy, insolvency, or has the authority to do so) for the purpose reorganization or arrangement is filed by or against Tenant or any guarantor of enforcing a lien against the Premises or Tenant's Property; or
h. If obligations under this Lease pursuant to any federal or state statute, and, with respect to any such petition filed against it, Tenant is or such guarantor fails to secure a partnership stay or consists of more than one discharge thereof within sixty (160) person or entity, if any partner days after the filing of the partnership same.
(f) Immediately, in the event of any assignment, subletting or other person or entity is involved in any transfer for which the prior written consent of the acts Landlord has not been obtained.
(g) Immediately, in the event of discovery of any false or events described misleading statement concerning financial information submitted by Tenant to Landlord in subparagraphs d through g aboveconnection with obtaining this Lease or any other consent or agreement by Landlord.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of by Tenant under this Lease by TenantLease:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails (a) Tenant's failure to pay when due any Rent or any other charges required to be paid by Tenant under this Lease and such if the failure continues for three (3) days after such payment is due and payable; orwritten notice of the failure from Landlord to Tenant;
c. If Tenant fails (b) Tenant's failure to promptly and fully provide any instrument or assurance as required by section 21.2 or estoppel certificate as required by section 20.1 if the failure continues for five (5) days after written notice of the failure from Landlord to Tenant;
(c) Tenant's failure to perform any other covenant, condition or agreement contained in obligation under this Lease and such if the failure continues for thirty (30) days after written notice thereof of the failure from Landlord to Tenant; orprovided, however if the default is of the type which cannot reasonably be cured within thirty (30) days, then Tenant shall have such longer time as is reasonably necessary provided Tenant commences to cure within ten (10) days after receipt of written notice from Landlord and diligently prosecutes such cure to completion.
d. If a writ of attachment or execution is levied on this Lease or on any of (d) Tenant's Property; orabandonment of the Premises, without the payment of Rent including Tenant's absence from the Premises for three (3) consecutive days (excluding Saturdays, Sundays, and California legal holidays) while in default of any provision of this Lease;
e. If Tenant makes a (e) To the extent permitted by law:
(1) A general assignment by Tenant or any guarantor of the Lease for the benefit of creditors;
(2) The filing by or creditorsagainst Tenant, or provides for an arrangementany guarantor, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a of any proceeding under an insolvency or bankruptcy law, unless (in the federal bankruptcy laws or other insolvency laws case of an involuntary proceeding) the proceeding is filed and not withdrawn or dismissed within forty-five sixty (4560) days thereafter, days;
(3) The appointment of if under a trustee or receiver to take possession of all or substantially all the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control assets of Tenant or any substantial part guarantor, unless possession is unconditionally restored to Tenant or that guarantor within thirty (30) days and the trusteeship or receivership is dissolved;
(4) Any execution or other judicially authorized seizure of its property and such jurisdictionall or substantially all the assets of Tenant located on the Premises, custody or control remains of Tenant's interest in force unrelinquishedthis Lease, unstayed or unterminated for a period of forty-five unless that seizure is discharged within thirty (4530) days;
(f) The committing of waste on the Premises; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed (g) Tenant's failure to take charge of occupy the Premises or Tenant's Property within ten (or has the authority to do so10) for the purpose of enforcing a lien against business days after the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g aboveare ready for occupancy.
Appears in 1 contract
Samples: Lease (Spectranetics Corp)
Tenant’s Default. The occurrence Tenant’s failure to perform any of any one or more of its obligations under this Lease when due and in the following events manner required shall constitute a material breach and default and breach (“Event of Default”) of this Lease by Tenant, subject to any cure period(s) permitted or available under applicable laws or statutes. In addition, the following shall also be deemed Events of Default hereunder:
a. If Tenant fails (a) Tenant’s failure to take possession of the Premises for a period of sixty (60) days or abandons longer after the Commencement Date;
(b) Tenant’s abandonment or vacates vacation of the Premises; or;
b. If (c) any material misrepresentation or omission herein or in any financial statements or other materials provided by Tenant fails or any Guarantor (if any) in connection with negotiating or entering this Lease or in connection with any Transfer under Article 17;
(d) cancellation of any guaranty of this Lease by any Guarantor;
(e) failure by Tenant to pay cure within any Rent applicable times permitted thereunder any default under any other lease for space in the Complex or any other charges required to be paid buildings owned or managed by Tenant Landlord or its affiliates now or hereafter entered by Tenant; and any Default hereunder not cured within the times permitted for cure herein shall, at Landlord’s election, constitute a default under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition such lease or agreement contained in this Lease and such failure continues for thirty leases;
(30f) days after written notice thereof from Landlord to Tenant; or
d. If The levy of a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or’s property;
e. If Tenant makes a (g) Tenant’s or any Guarantor’s general assignment for the benefit of creditors or creditors, or provides for an arrangement, composition, extension extension, or adjustment with its creditors; or;
f. If Tenant files (h) Tenant’s or any Guarantor’s filing of a voluntary petition for relief relief, or if the filing of a petition against Tenant or any Guarantor in a proceeding under the federal bankruptcy Federal Bankruptcy laws or other insolvency laws which is filed and not withdrawn or dismissed within forty-five (45) days thereafter; or, of if under the provisions of any law providing for reorganization or winding up of corporations, the assumption by any court of competent jurisdiction assumes of jurisdiction, custody custody, or control of Tenant or any substantial part of its property and property, or of any Guarantor, where such jurisdiction, custody custody, or control remains in force unrelinquished, unstayed unstayed, or unterminated for a period of forty-forty five (45) days; or;
g. If in (i) In any proceeding or action in which Tenant is a party, the appointment of a trustee, receiver, agent agent, or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. (j) If Tenant or any Guarantor is a partnership or consists of more than one (1) person or entity, if the involvement of any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d subsections (i) through g (1) above.
Appears in 1 contract
Samples: Office Lease (Loxo Oncology, Inc.)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession (a) the abandonment of the Premises or abandons or vacates the Premises; or;
b. If (b) failure by Tenant fails to pay any Rent or any other charges when required to be paid by Tenant under this Lease hereunder and such failure continues for three ten (310) days after Tenant’s receipt of written notice from Landlord of such payment is due and payable; orfailure, provided, that Landlord shall only be obligated to provide Tenant with written notice of monetary default one (1) time in any period of twelve (12) consecutive months;
c. If (c) failure by Tenant fails to promptly and fully observe or perform any other covenantof the covenants, condition conditions or agreement contained in provisions of this Lease and to be observed or performed by Tenant, except the payment of Rent, where such failure continues shall continue for a period of thirty (30) days after written notice thereof from by Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any Tenant (provided, however, that if the nature of Tenant's Property; or’s default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion);
e. If (d) the making by Tenant makes a or Guarantor (while the Guaranty is in effect) of any general assignment or general arrangement for the benefit of creditors; or creditorsthe filing by or against Tenant or Guarantor (while the Guaranty is in effect) of a petition to have Tenant or Guarantor (while the Guaranty is in effect) adjudged a bankrupt, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition or a reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where possession is not restored to Tenant in a proceeding under within thirty (30) days; or the federal bankruptcy laws attachment, execution or other insolvency laws judicial seizure of substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where such seizure is filed and not withdrawn or dismissed discharged within forty-five thirty (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (4530) days; or
g. If (e) any of the Liquor License for the Premises is revoked or is suspended for more than three (3) weeks by the State of Kentucky or the City of Louisville for any reason whatsoever. Notwithstanding the cure period allowed by subparagraph (c) above, it shall be an immediate default under this Lease if Tenant fails to surrender the Premises to Landlord upon the expiration or sooner termination of the Lease, or if any failure of Tenant to comply with any provision of this Lease results in the cancellation of any proceeding property insurance coverage or action causes or results in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of dangerous condition on the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner remainder of the partnership Property, and such failure to comply is not cured as soon as reasonably possible after notice thereof by Landlord to Tenant. In no event shall financial inability be considered a reasonable ground for failure of Tenant to cure any breach of, or other person or entity is involved in any failure to comply with, the provisions of the acts or events described in subparagraphs d through g abovethis Lease.
Appears in 1 contract
Samples: Lease (VCG Holding Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the PremisesPremises FOR MORE THAN 10 DAYS accompanied by non-payment of Rent; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's ’s Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five sixty (4545 60) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five sixty (4545 60) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's ’s Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; oror Lessor’s Initials Lessee’s Initials
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant (“Default”):
a. If Tenant fails to take possession (a) The abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or vacates otherwise lapse in each of the Premises; orforegoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for three a period of five (35) days after written notice thereof from Landlord to Tenant;
(c) A general assignment by Tenant or any guarantor or surety of Tenant’s obligations hereunder, if any, (collectively, “Guarantor”) for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof,
(f) The failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is due a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 29 or 30 or 40, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 39;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 22, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and fully perform within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraph (a), or any other covenantsubparagraphs of this Paragraph 23, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. Chronic delinquency shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) daysmonths.
(l) Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or be reduced or materially changed, except as permitted in this Lease; orand
g. If in (m) Any failure by Tenant to discharge any proceeding lien or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of encumbrance placed on the Premises or Tenant's Property any part thereof in violation of this Lease within twenty (20) days after the date such lien or has the authority to do so) for the purpose of enforcing a lien encumbrance is filed or recorded against the Premises or Tenant's Property; orany part thereof;
h. If (n) Tenant is a partnership or consists agrees that any notice given by Landlord pursuant to Paragraph 23(b) above shall satisfy the requirements for notice under California Code of more than one (1) person or entityCivil Procedure Section 1.16.1, if and Landlord shall not be required to give any partner of the partnership or other person or entity is involved additional notice in any of the acts or events described in subparagraphs d through g aboveorder to be entitled to commence an unlawful detainer proceeding.
Appears in 1 contract
Samples: Lease Agreement (OMNICELL, Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant (“Default”):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant’s business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant’s obligations hereunder (collectively, “Guarantor”) for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 31 or 32 or 43, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 41;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(i) Failure of Tenant to restore the Security Deposit or the Letter of Credit to the amounts and fully perform within the time periods provided in Paragraphs 7 and 8 above;
(j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (1) or (m) above or any other covenantsubparagraphs of this Paragraph 25, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty ten (3010) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within thirty (30) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafterafter written notice thereof for any three (3) months (consecutive or nonconsecutive) during any period of twelve (12) months. In the event of a Chronic delinquency, of if under in addition to Landlord’s other remedies for Default provided in this Lease, at Landlord’s option, Landlord shall have the provisions of any law providing for reorganization or winding up of corporationsright to require that Rent be paid by Tenant quarterly, any court of competent jurisdiction assumes jurisdiction, custody or control of in advance;
(l) Chronic overuse by Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge Tenant’s Agents of the Premises number of undesignated parking spaces set forth in the Basic Lease Information. “Chronic overuse” shall mean use by Tenant or Tenant's Property (or has ’s Agents of a number of parking spaces greater than the authority to do so) for number of parking spaces set forth in the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of Basic Lease Information more than one three (13) person or entity, if any partner of times during the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.Term after written notice by Landlord;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of by Tenant under this Lease by TenantLease:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails (a) Tenant's failure to pay when due any Rent or any other charges required to be paid by Tenant under this Lease and such if the failure continues for three (3) days after such payment is due and payable; orwritten notice of the failure from Landlord to Tenant;
c. If Tenant fails (b) Tenant's failure to promptly and fully provide any instrument or assurance as required by section 21.2 or estoppel certificate as required by section 20.1 if the failure continues for five (5) days after written notice of the failure from Landlord to Tenant;
(c) Tenant's failure to perform any other covenant, condition or agreement contained in obligation under this Lease and such if the failure continues for thirty days after written notice of the failure from Landlord to Tenant; or such longer reasonable period necessary to cure such default if Tenant promptly commences and diligently pursues cure after notice from Landlord not to exceed an additional sixty days if the default materially interferes with Landlord's ability to use, finance or transfer the Real Property.
(d) Tenant's abandonment of the Premises, including Tenant's absence from the Premises for seven consecutive days (excluding Saturdays, Sundays, and California legal holidays) while in default of any material provision of this Lease, including the obligation to pay Rent;
(e) To the extent permitted by law:
(1) A general assignment by Tenant or any guarantor of the Lease for the benefit of creditors;
(2) The filing by or against Tenant, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in the case of an involuntary proceeding) the proceeding is dismissed within sixty (60) days;
(3) The appointment of a trustee or receiver to take possession of all or substantially all the assets of Tenant or any guarantor, unless possession is unconditionally restored to Tenant or that guarantor within thirty (30) days after written notice thereof from Landlord to and the trusteeship or receivership is dissolved;
(4) Any execution or other judicially authorized seizure of all or substantially all the assets of Tenant located on the Premises, or of Tenant's interest in this Lease, unless that seizure is discharged within thirty (30) days;
(f) The committing of waste on the Premises; or
d. If a writ of attachment or execution is levied on this Lease or on any of (g) Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed failure to take charge of occupy the Premises or Tenant's Property within ten (or has the authority to do so10) for the purpose of enforcing a lien against business days after the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g aboveare ready for occupancy.
Appears in 1 contract
Samples: Office Lease (Quokka Sports Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; orPremises and stops paying rent
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant Xxxxxx makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; : or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Or Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events event. described in subparagraphs d through g above.
Appears in 1 contract
Samples: Office Building Lease (Newgold Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant Xxxxxx makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder (collectively, "GUARANTOR") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and fully perform within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty ten (3010) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within thirty (30) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic delinquency, in any proceeding or action addition to Landlord's other remedies for Default provided in which this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid monies due and payable hereunder, said failure continuing for a period of five (5) days after the same is due;
(c) A general assignment by Tenant under or any guarantor or surety of Tenant's obligations hereunder (collectively, "GUARANTOR") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or (m) above or any other subparagraphs of this Paragraph 25, which shall be governed by such other Paragraphs), which failure continues for three ten (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (3010) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within thirty (30) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic delinquency, in any proceeding or action addition to Landlord's other remedies for Default provided in which this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Samples: Lease Agreement (Finisar Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period often (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder (collectively, "GUARANTOR") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, andlor failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
c. If Tenant fails to promptly and fully perform any other covenant(h) An assignment or sublease, condition or agreement contained in attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in other subparagraphs of this Paragraph 24, which shall be governed by such other Paragraphs), which failure continues for thirty ten (3010) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within thirty (30) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic delinquency, in any proceeding or action addition to Landlord's other remedies for Default provided in which this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the PremisesPremises without continuing to pay rent; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days or Tenant has not commenced to remedy any failure that reasonably would take longer than thirty days to remedy after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant Xxxxxx makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of or the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant (“Default”):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant’s business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant’s obligations hereunder (collectively, “Guarantor”) for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 31 or 32 or 42;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(i) Failure of Tenant to restore the Letter of Credit or the Security Deposit to the amount and fully perform within the time period provided in Paragraph 7 or Paragraph 8, respectively, above;
(j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (1) or (m) above or any other covenantsubparagraphs of this Paragraph 25, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty ten (3010) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within thirty (30) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; ormonths. In the event of a Chronic Delinquency, in addition to Landlord’s other remedies for Default provided in this Lease, at Landlord’s option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance;
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person Chronic overuse by Tenant or entity, if any partner Tenant’s Agents of the partnership number of undesignated parking spaces set forth in the Basic Lease Information. “Chronic Overuse” shall mean use by Tenant or other person or entity is involved Tenant’s Agents of a number of parking spaces greater than the number of parking spaces set forth in any of the acts or events described in subparagraphs d through g above.Basic Lease Information more than three (3) times during the Term after written notice by Landlord;
Appears in 1 contract
Tenant’s Default. The occurrence of failure by Tenant to perform any one or more of the following events obligations shall constitute a default and breach of this Lease hereunder by Tenant:
a. (1) If Tenant fails to take possession of the Premises or abandons or vacates the Premises; orPremises for more than thirty (30) days without Landlord’s prior written consent (except in the case of eminent domain or destruction).
b. (2) If Tenant fails to pay any Rent rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (5) days after Tenant has received written notification of such failure.
(3) If Tenant involuntarily transfers Tenant’s interest in this Lease or voluntarily transfers (attempted or actual) its interest in this Lease, without Landlord’s prior written consent.
(4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the Federal Bankruptcy Laws or other insolvency laws is filed and not withdrawn or dismissed within sixty (60) days after thereafter, or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of the Premises or any of Tenant’s personal property located at the Premises and such payment jurisdiction, custody or control remains in force or unrelinquished, unstayed or unterminated for a period of sixty (60) days.
(5) If in any proceeding or action in which Tenant is due a party, a trustee, a receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant’s personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant’s personal property and payable; orthe same is not discharged within sixty (60) days.
c. (6) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If provided that, if the failure cannot reasonably be cured within thirty (30) days, so long as Tenant makes a general assignment for commences the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed cure within forty-five thirty (4530) days thereafterand thereafter prosecutes the same to conclusion, of if under the provisions of any law providing such long period (not to exceed one hundred twenty (120) days as shall reasonably be required for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g abovecure.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("Default"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder (collectively, "Guarantor") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and fully perform within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or (m) above or any other covenantsubparagraphs of this Paragraph 25, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty ten (3010) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on , provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this Lease or on any of Tenant's Property; or
e. If subparagraph so long as Tenant makes a general assignment for thereafter diligently and continuously prosecutes the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed cure to completion and not withdrawn or dismissed actually completes such cure within forty-five (45) days thereafterafter the giving of the aforesaid written notice;
(k) Chronic delinquency by Tenant in the payment of Rent, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdictionother periodic payments required to be paid by Tenant under this Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, custody or control remains in force unrelinquished, unstayed any other payments required to be paid by Tenant under this Lease within three (3) days after written notice thereof for any three (3) months (consecutive or unterminated for a nonconsecutive) during any period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic delinquency, in any proceeding or action addition to Landlord's other remedies for Default provided in which this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Samples: Lease Agreement (Arthrocare Corp)
Tenant’s Default. The occurrence happening, of any one or more of the following events events, shall constitute a default and breach of this Lease by Tenanthereunder:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails a) Tenant’s failure to pay any Rent the Rent, Additional Rent, or any other charges required to be paid by Tenant under this Lease and such failure continues sums (no matter how characterized) payable hereunder for a period of three (3) days after such payment is due and payable; orwritten notice by Landlord;
c. If Tenant fails b) Tenant’s failure to promptly and fully observe, keep or perform any of the other covenantterms, condition covenants, agreements or agreement contained in conditions of this Lease or in the Building Rules and such failure continues Regulations for thirty a period of ten (3010) days after written notice thereof by Landlord;
c) The insolvency of Tenant;
d) Tenant’s making an assignment for the benefit of creditors;
e) A receiver or trustee being appointed for Tenant or a substantial portion of Tenant’s assets;
f) Tenant’s voluntarily petitioning for relief under, or otherwise seeking the benefit of, any bankruptcy, reorganization, arrangement or insolvency law;
g) Tenant’s deserting, vacating or abandoning any portion of the Premises or attempting to mortgage, pledge or otherwise encumber-in any way its interest hereunder;
h) Tenant’s interest under this Lease being sold under execution or other legal process;
i) Tenant’s interest under this Lease being affected, modified or altered by any unauthorized assignment or subletting or by operation of law;
j) Any of the goods or chattels of Tenant used in, or incident to, the operation of Tenant’s business at, from or in the Premises being seized, sequestered, or impounded by virtue of, or under authority of, any legal proceeding;
k) If Tenant shall be late in the payment of any sums due hereunder as rent or additional rent three (3) times in any twelve month period;
l) Tenant’s failure to operate continuously during normal business hours from the Premises in a fully-staffed, fully-equipped manner and/or as contemplated by Item 1(d) of this Lease; or
m) Tenant’s failure to take occupancy of the Premises when same is tendered by Landlord to Tenant; or
d. If a writ n) Any attempted assignment or submitting of attachment or execution is levied on this Lease or on without Landlord’s written consent. In the event of any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit foregoing happenings, Landlord, as its election, may exercise any one or creditorsmore of the following options, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions exercise of any of which shall not be deemed to preclude the exercise of any others herein listed or otherwise provided or permitted by statute or general law providing for reorganization at the same time or winding up in subsequent times or actions (all of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property which are cumulative):
1. Terminate Tenant’s rights to possession under this Lease and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of fortyre-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge enter and retake possession of the Premises and relet or Tenant's Property (or has attempt to relet the authority to do so) Premises on behalf of Tenant at such rent and under such terms and conditions as Landlord may deem best under the circumstances for the purpose of enforcing reducing Tenant’s liability. Landlord shall not be deemed to have thereby accepted a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner surrender of the partnership Premises, and Tenant shall remain rally liable for any and all Rent, Additional Rent, or other person or entity is involved in sums (no matter how characterized) due under this Lease and for all damages suffered by Landlord because of Tenant’s breach of any of the acts covenants of this Lease.
2. Declare this Lease to be terminated and ended, and re-enter upon and take possession of the Premises whereupon all right, title and interest of Tenant in the Premises shall end.
3. Accelerate and declare the entire remaining unpaid Rent and Additional Rent for the balance of this Lease to be immediately due and payable forthwith, and may at once, take legal action to recover and collect the same No re-entry or events described retaking possession of the Premises by Landlord shall be construed as an election on its part to terminate this Lease, unless a specific written notice of such intention is given to Tenant, nor shall pursuit of any remedy herein provided constitute a forfeiture or waiver of any Rent, Additional Rent or other monies due to Landlord hereunder or of any damages accruing to Landlord by reason of the violations of any of the terms, provisions and covenants herein contained. Landlord’s acceptance of Rent or Additional Rent or other monies following any event of default hereunder shall not be construed as Landlord’s waiver of such event of default. No forbearance by Landlord of action upon any violation or breach of any of the terms, provisions, and covenants herein contained shall be deemed or construed to constitute a waiver of the terms, provisions, and covenants herein contained, Forbearance by Landlord to enforce one or more of the remedies herein provided upon an event of default shall not be deemed or construed to constitute a waiver of any other violation or default. Legal actions to recover for loss or damage that Landlord may suffer by reason of termination of this Lease or the deficiency from any reletting as provided for above shall include the expense of repossession or reletting and any repairs or remodeling undertaken by Landlord following repossession. THE PARTIES HERETO SHALL, AND THEY HEREBY DO, WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ON ACCOUNT OF ANY MATTERS WHATSOEVER ARISING OUT OF, OR IN ANY WAY CONNECTED, WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT’S USE OR OCCUPANCY OF THE PREMISES AND/OR BUILDING, AND/OR CLAM OF LOSS, INJURY OR DAMAGE. THE COVENANTS CONTAINED HEREIN ARE INDEPENDENT. In the event Landlord commences any proceeding to enforce this Lease or the Landlord/Tenant relationship between the parties or for nonpayment of Rent, Additional Rent or other monies due Landlord from Tenant under this Lease, Tenant will not interpose any counterclaim of whatever nature or description in subparagraphs d any such proceedings. In the event Tenant must, because of applicable court rules, interpose any counterclaim or other claim against Landlord in such proceedings, Landlord and Tenant covenant and agree that, in addition to any other lawful remedy of Landlord, upon motion of Landlord, such counterclaim or other claim asserted by Tenant shall be severed out of the proceedings instituted by Landlord (and, if necessary, transferred to a court of different jurisdiction), and the proceedings instituted by Landlord may proceed to final judgment separately and apart from and without consolidation with or reference to the status of each counterclaim or any other claim asserted by Tenant. The parties hereto agree that any and all suits for any and every breach of this Lease shall be instituted and maintained only in those courts of competent jurisdiction in the county or municipality in which the Building is located and Tenant, hereby submits to the jurisdiction of Florida courts. In the event of litigation by and between the parties [or their respective successor(s)] to enforce the terms and provisions of this Lease, the prevailing party shall be entitled to recover from the non-prevailing party the prevailing party’s reasonable attorney’s fees and court costs, all through g abovefinal appeal. Time is of the essence of this Lease; and in case Tenant shall fail to perform the covenants and obligations on its part to be performed at the time fixed for the performance of such respective covenants and obligations by the provisions of this Lease, Landlord may declare Tenant to be in default of such Lease.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three ten (310) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or of execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant Xxxxxx makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Multi Tenant Office R&d Building Lease (Protein Polymer Technologies Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; orreceipt of notice of nonpayment.
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; oror and such writ of attachment is not dismissed or bonded within sixty (60) days
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Lease (Pac-West Telecomm Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant (“Default”):
a. If Tenant fails to take possession (a) The abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant’s business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due; provided, however, that Tenant shall be entitled to one notice of late payment and a five (5) day cure period in each twelve (12) month period;
(c) A general assignment by Tenant or any guarantor or surety of Tenant’s obligations hereunder (collectively, “Guarantor”) for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; or
c. If deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant fails to promptly deliver to Landlord any financial statement within the time period and fully perform any other covenantin the manner required by Paragraph 40, condition or agreement contained in this Lease and such failure continues for thirty five (305) days after written notice that the same are past due;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other subparagraphs of this Paragraph 24, which shall be governed by such other Paragraphs), which failure continues for twenty (20) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such twenty (20) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within sixty (60) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic delinquency, in any proceeding or action addition to Landlord’s other remedies for Default provided in which this Lease, at Landlord’s option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of abandons the Premises or abandons or vacates without the Premisespayment of rent and other charges; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three or five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's PropertyProperty and is not discharged within twenty (20) days; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, jurisdiction custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1l) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease hereunder by Tenant:
a. (1) If Tenant fails to take possession of the Premises or abandons or vacates all or a substantial portion of the Premises; or;
b. (2) If Tenant fails to pay any Rent rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after receipt of written notice that such payment is due and payable; orprovided, however, that the obligation of Tenant to pay a late charge or interest pursuant to this Lease shall commence as of the due date of the rent or such other monetary obligation and not on the expiration of such five (5) day grace period;
c. (3) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained involuntarily transfers Tenant's interest in this Lease and such failure continues for thirty or voluntarily attempts to or actually transfers its interest in this Lease, without Landlord's prior written consent;
(304) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief relief, or if a an involuntary petition against Tenant Tenant, is filed in a proceeding under the federal bankruptcy laws United States Bankruptcy Code or other federal or state insolvency laws and is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of ; or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or;
g. (5) If in any proceeding or action in which Tenant is a party, a trustee, a receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's Property personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; orpersonal property;
h. (6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed as a result of Tenant's action or inaction upon the Premises, the Building or the Project within ten (10) days after the imposition of such lien;
(8) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d (1) through g (8) above;
(9) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than as provided in subparagraphs (1) through (8) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commerce such cure within such ten (10) day period and thereafter proceed to completely cure such failure within thirty (30) days after such written notice.
Appears in 1 contract
Samples: Office Lease (Timeline Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("Default"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder (collectively, "Guarantor") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required Paragraphs 30 or 31 or 42;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and fully perform within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or (m) above or any other covenantsubparagraphs of this Paragraph 25, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty ten (3010) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within thirty (30) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic Delinquency, in any proceeding or action addition to Landlord's other remedies for Default provided in which this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant (“Default”):
a. If Tenant fails to take possession (i) The abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons which would cause any insurance policy to be invalidated or vacates the Premises; orotherwise lapse. Tenant agrees to notice and service of notice as provided in this Lease and waives any right to any other or further notice or service notice;
b. If Tenant fails (ii) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and payable hereunder, and such failure continues for three shall not have been cured within five (35) days after written notice thereof from Landlord;
(iii) A general assignment by Tenant or any guarantor or surety of Tenant’s obligations hereunder (collectively, “Guarantor”) for the benefit of creditors;
(iv) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(v) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s Property, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(vi) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(vii) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30, 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and as required by Paragraph 40;
c. If (viii) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(ix) Failure of Tenant to restore the Security Deposit to the amount and fully within the time period provided in Paragraph 7 above;
(x) Failure to perform any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within sixty (60) days after the giving of such written notice;
d. If a writ (xi) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” means failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease within three (3) business days after written notice thereof for any three (3) months (consecutive or on nonconsecutive) during any period of Tenant's Property; ortwelve (12) months. In the event of a Chronic delinquency, in addition to Landlord’s other remedies for Default provided in this Lease, at Landlord’s option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance;
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45xii) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Chronic overuse by Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge Tenant’s Agents of the Premises number of undesignated parking spaces set forth in the Basic Lease Information. “Chronic overuse” means use by Tenant or Tenant's Property (or has ’s Agents of a number of parking spaces greater than the authority to do so) for number of parking spaces set forth in the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of Basic Lease Information more than one three (13) person or entitytimes during any calendar year, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.after written notice by Landlord;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes Tenaxx xxxes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes Tenaxx xxxes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:.
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises, stops the payment of all monthly obligations and is not using good faith efforts to sublease the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to TenantTenant (provided, however, that in the event such failure is not reasonably susceptible of cure within such thirty-day period, Tenant shall have a reasonable additional period within which to effectuate such cure); or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, composition extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five ninety (4590) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or so has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's PropertyProperty and such appointment is not dismissed within 30 days thereafter; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity entity, is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant (“Default”):
a. If Tenant fails to take possession (a) The abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or abandons otherwise lapse. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or vacates the Premises; orfurther notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for three a period of five (35) days after the same is due; provided that, on up to one (1) occasion in any twelve (12) month period, there shall exist no Default unless Landlord gives Tenant written notice of such payment is due failure and payable; or
c. If Tenant fails to promptly make such payment within five (5) days following the giving of such notice;
(c) A general assignment by Tenant or any guarantor or surety of Tenant’s obligations hereunder, including, without limitation Lease Guarantor, if any, (collectively, “Guarantor”) for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and fully perform deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b)(i), (1) or (m) herein or any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained which shall be governed by the notice and cure periods set forth in this Lease and such other subparagraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion;
d. If a writ of attachment or execution is levied on (k) Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or be reduced or materially changed, except as permitted in this Lease;
(l) Any failure by Tenant to discharge any lien or encumbrance placed on the Project or any part thereof in violation of Tenant's Propertythis Lease within thirty (30) days after the date such lien or encumbrance is filed or recorded against the Project or any part thereof; orand
e. If (m) Any representation of Tenant makes a general assignment for the benefit herein or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws any financial statement or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of materials provided by Tenant or any substantial part guarantor of its property and such jurisdiction, custody Tenant’s obligations under this Lease shall prove to be untrue or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If inaccurate in any proceeding material respect, or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership such financial statements or other person or entity is involved in materials shall have omitted any of the acts or events described in subparagraphs d through g abovematerial fact.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.purpose
Appears in 1 contract
Samples: Office Lease (Beverage Works Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession defaults in the payment of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent Rent, or any other charges required to be paid by Tenant under this Lease and such failure continues monetary obligation hereunder,for three more than five (35) business days after written notice of such payment is due and payable; or
c. If default by Landlord, or if Tenant fails to promptly and fully perform defaults in the performance of any other covenant, condition agreement, condition, rule or agreement regulation herein contained in this Lease and such failure continues or provided for, or hereafter established for thirty more than twenty (3020) days after written notice thereof from of such default by Landlord, then (in addition to and as an alternative to all other legal remedies) Landlord shall have the right either to Tenant; or
d. If a writ of attachment or execution is levied on (i) terminate this Lease and Xxxxxx's right to possession to the Premises, or on to (ii) terminate only Xxxxxx's right to possession of the Premises, and either such event, Landlord shall have the right to re-enter and/or repossess the Premises, and dispose and remove therefrom Tenant, or other occupants thereof. and their effects, and alter the locks and other security devises at the Premises all without being liable for any prosecution or damages therefore. In either event Landlord shall be entitled to recover from Tenant, in addition to the Rent, all expenses incurred in connection with such default, including repossession costs, legal expenses and attorney's fees (whether or not suit is filed), and all expenses incurred in connection with efforts to relet the Premises,including cleaning, altering,advertising and brokerage commissions; and all such expenses shall be reimbursed by Tenant as additional "Rent, whether or not such default is subsequently cured. If Landlord elects to terminate only Xxxxxx's right to possession, then Landlord may, at Landlord's option, accelerate the entire amount then remaining unpaid under this Lease and recover same forthwith from Tenant, together with all other charges recoverable hereunder, and thereafter Landlord shall pay over to Tenant the net proceeds of Tenantany total or partial reletting. If Landlord terminates only Xxxxxx's Property; or
e. If Tenant makes a general assignment right to possession, then Landlord may relet the Premises for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control account of Tenant or any substantial part of its property and such jurisdiction, custody or control remains (either in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge the name of the Premises Landlord or Tenant's Property (). Except as otherwise provided herein, Tenant waives demand for Rent, demand for possession, notice of forfeiture, notice of termination, and any all other demands or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g abovenotices required by law.
Appears in 1 contract
Samples: Standard Office Lease (Design Automation Systems Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the PremisesPremises accompanied by non-payment of rent; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's PropertyProperty accompanied by non-payment of rent; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafterthereafter accompanied by non-payment of rent, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) daysdays accompanied by non-payment of rent; or
g. If Except for actions by the FDIC, if in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Office Building Lease (Centennial First Financial Services)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. (i) If Tenant fails to take possession of the Premises or abandons or vacates the PremisesPremises for more than thirty (30) days; or
b. (ii) If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after written notice that such payment is due and payable; or
c. (iii) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. (iv) If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. (v) If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. (vi) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, . custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. (vii) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. (viii) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d (iv) through g (vii) above.
Appears in 1 contract
Samples: Office Lease (Insweb Corp)
Tenant’s Default. The occurrence It shall be an "Event of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Default" if (i) Tenant fails to pay any monthly installment of Rent or any other charges charge or payment required to be paid by of Tenant under this Lease and such failure continues for three hereunder (3even though no legal or formal demand has been made therefor); (ii) days after such payment is due and payable; or
c. If Tenant violates or fails to promptly and fully perform any of the other covenantconditions, condition covenants or agreement contained in this Lease and such failure continues for thirty agreements herein made by TENANT, AND SUCH VIOLATION OR FAILURE CONTINUES FOR A PERIOD OF FIFTEEN (30I 5) days after written notice thereof from Landlord to TenantTenant by Landlord; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If (iii) Tenant makes a general assignment for the benefit of its creditors or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief bankruptcy or if other reorganization, liquidation, dissolution or similar relief; (iv) a petition proceeding is filed against Tenant seeking any relief mentioned in the preceding clause; (v) a proceeding under the federal bankruptcy laws trustee, receiver or other insolvency laws liquidator is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing appointed for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any a substantial part of its property property; (vi) Tenant vacates or abandons the Leased Premises (an absence of substantial activity by Tenant in the Leased Premises for more than 30 days to constitute such abandonment); or (vii) Tenant mortgages, assigns or otherwise encumbers its leasehold interest. If an Event of Default occurs, this Lease shall@ at the option of Landlord, cease and terminate and shall operate as a notice to quit (any written notice to quit, or of Landlord's intention to re-enter, being hereby expressly waived) and Landlord may proceed to recover the possession under and by virtue of the provisions of the laws of the State of Florida, or by such jurisdictionother proceedings, custody including re-entry and possession, as may be applicable. If Landlord elects to terminate this Lease, the obligations herein contained on the part of Landlord to be performed shall cease without prejudice, subject however, to the right of Landlord to recover from Tenant all Rent and other charges accrued up to the time of termination or control remains recovery of possession by Landlord, whichever is later. Should this Lease be terminated before the expiration of the Term of this Lease by reason of an Event of Default, the Leased Premises may be relet by Landlord, for such rent and upon such terms as Landlord is able to obtain, and, if the full rent shall not be realized by Landlord, Tenant shall be liable for all damages sustained by Landlord, including, without limitation, the deficiency in force unrelinquishedRent, unstayed reasonable attorneys' fees, other collection costs and all expenses (including leasing fees) of placing the Leased Premises in first class rentable condition. Any damage or unterminated for a period loss sustained by Landlord may be recovered by Landlord, at Landlord's option, (i) at the time of forty-five the reletting, (45ii) days; or
g. If in any proceeding or action separate action@,from time to time, as said damage shall have been made more easily ascertainable by successive relettings, (iii) be deferred until the expiration of the term of this Lease, in which Tenant event the cause of action shall not be deemed to have accrued until the date of expiration of said term, or (iv) if Landlord is unable to find a party, a trustee, receiver, agent or custodian is appointed to take charge new tenant for the Leased Premises within sixty days from termination of the Premises or Tenant's Property Lease, Tenant shall immediately pay Landlord the present value (or has discounted at 10%) of all the authority to do so) Rent due for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner remainder of the partnership or other person or entity is involved Ten-n (as if there had been no termination for cause) as liquidated damages. The provisions contained in the paragraph shall be in addition to and shall not prevent the enforcement of any claim Landlord may have against Tenant for anticipatory breach of the acts or events described in subparagraphs d through g aboveunexpired term of this Lease. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be exclusive of any other rights and remedies provided to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Cobratec Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; Premises without continuing to pay rent or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days or Tenant has not commenced to remedy any failure that reasonably would take longer than thirty days to remedy after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant Xxxxxx makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of or the partnership or other person persons or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails falls to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable, provided that the first late payment of rent in any calendar year shall not constitute a default if payment is made within five (5) days after written notice of default from Landlord to Tenant; or
c. b. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to TenantTenant or unless such failure is not curable within such thirty (30) day period, in which event Tenant shall, provided it is using its best efforts and utmost due diligence to cure such failure, have an additional fifteen (1 5) day period to accomplish such cure; or
d. c. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. d. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. e. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. f. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. g. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g abovefails to perform its obligations under Article 25.
Appears in 1 contract
Tenant’s Default. The occurrence happening, of any one or more of the following events ------------------ events, shall constitute a default and breach of this Lease by Tenanthereunder:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails a) Tenant's failure to pay any Rent the Rent, Additional Rent, or any other charges required to be paid by Tenant under this Lease and such failure continues sums (no matter how characterized) payable hereunder for a period of three (3) days after such payment is due and payable; orwritten notice by Landlord;
c. If Tenant fails b) Tenant's failure to promptly and fully observe, keep or perform any of the other covenantterms, condition covenants, agreements or agreement contained in conditions of this Lease or in the Building Rules and such failure continues Regulations for thirty a period of ten (3010) days after written notice thereof from Landlord to Tenant; orby Landlord:
d. If a writ of attachment or execution is levied on this Lease or on any c) The insolvency of Tenant;
d) Tenant's Property; or
e. If Tenant makes a general making an assignment for the benefit of creditors;
e) A receiver or creditorstrustee being appointed for Tenant or a substantial portion of Tenant's assets;
f) Tenant's voluntarily petitioning for relief under, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under otherwise seeking the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporationsbenefit of, any court of competent jurisdiction assumes jurisdictionbankruptcy, custody reorganization, arrangement or control of Tenant insolvency law;
g) Tenant's deserting, vacating or abandoning any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge portion of the Premises or attempting to mortgage, pledge or otherwise encumber in any way its interest hereunder;
h) Tenant's Property (interest under this Lease being sold under execution or has other legal process;
i) Tenant's interest under this Lease being affected, modified or altered by any unauthorized assignment or subletting or by operation of law;
j) Any of the authority to do so) for goods or chattels of Tenant used in, or incident to, the purpose operation of enforcing a lien against Tenant's business at, from or in the Premises being seized, sequestered, or impounded by virtue of, or under authority of, any legal proceeding;
k) If Tenant shall be late in the payment of any sums due hereunder as rent or additional rent three (3) times in any twelve month period;
1) Tenant's Propertyfailure to operate continuously during normal business hours from the Premises in a fully-staffed, fully-equipped manner and/or as contemplated by Item I (d) of this Lease; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease three times during this lease, and such failure continues for three ten (310) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant Xxxxxx makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Lease Agreement (Mounger Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty twenty (3020) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's ’s Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-forty- five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If If, in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if entity and any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
i. If Tenant fails to take down or remove any signs that have been placed on the Property (located at 1000 X. Xx Xxxxxxx Blvd., Los Angeles, CA 90035) or in the exterior of the unit after Tenant receives written notice from Landlord. Tenant must within three (3) days of receiving notice, take down and remove any signs that have been placed on the property or in the exterior of the unit.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the PremisesPremises accompanied by non-payment of Rent; oror Landlord's Initials Tenant's Initials
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's ’s Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Office Building Lease (Pacific Coast National Bancorp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default on the part of Tenant (“Default”):
(i) The abandonment of the Premises by Tenant for a period of ten (10) consecutive days other than as a result of damage or destruction or a remodeling of the Premises in connection with an assignment or subletting permitted pursuant to Paragraph 23 above, or any abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease.
(ii) Failure to pay any installment of Base Rent or any other monies due and breach payable hereunder, said failure continuing for a period of three (3) business days after Tenant’s receipt of written notice from Landlord that Landlord has not received such installment;
(iii) A general assignment for the benefit of creditors by Tenant;
(iv) The filing of a voluntary petition in bankruptcy by Tenant, the filing by Tenant of a voluntary petition for an arrangement, the filing by or against Tenant of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition in bankruptcy by the creditors of Tenant, said involuntary petition remaining undischarged for a period of sixty (60) days;
(v) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets in the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(vi) The failure by Tenant to maintain its legal existence, if Tenant is a corporation, partnership, limited liability company, trust or other legal entity;
(vii) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment, absent, in each case, manifest error, within the time periods and in the manner required by Paragraphs 30 or 31 or 42 below respectively, and/or failure by Tenant to deliver to Landlord any financial statement as required by Paragraph 40 below; provided, such failure shall not be a material Default hereunder unless Tenant fails to so deliver the appropriate instrument within five (5) business days following Tenant’s receipt of a second written notice from Landlord indicating such first failure;
(viii) An assignment or sublease, or attempted assignment or sublease, of this Lease by Tenant:
a. If Tenant fails to take possession or of the Premises or abandons a portion thereof by Tenant contrary to the provisions of Paragraph 23 above, unless such assignment or vacates sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(ix) Failure of Tenant to restore the Premises; orSecurity Deposit to the amount and within the time period provided in Paragraph 7 above;
b. If (x) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as Defaults in other subparagraphs in this Paragraph 24, which shall be governed by the notice and cure periods set forth in such other subparagraphs), which failure continues for thirty (30) days after Tenant’s receipt of written notice thereof from Landlord, provided that, if Tenant fails has exercised reasonable diligence to pay any Rent cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within ninety (90) days after the giving of such written notice;
(xi) “Chronic Delinquency” by Tenant in the payment of Base Rent, or any other charges periodic payments required to be paid by Tenant under this Lease, which shall mean failure by Tenant to pay Base Rent, or any other periodic payments required to be paid by Tenant under this Lease and such failure continues for within three (3) business days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after Tenant’s receipt of written notice thereof from Landlord to Tenant; or
d. If a writ of attachment for any three (3) months (consecutive or execution is levied on this Lease or on nonconsecutive) during any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.months;
Appears in 1 contract
Tenant’s Default. The occurrence of any one anyone or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is when due and payablepayable by Tenant; or
c. If Tenant fails to promptly and fully perform any other covenant, covenant condition or agreement contained in this Lease and should such failure continues continue for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If Tenant is generally not paying its debts as they become due; or
e. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Propertypersonal property located within the Premises; or
e. f. If Tenant makes shall make a general assignment for the benefit or of creditors, or provides provide for an arrangement, composition, extension or adjustment with its creditors; or
f. g. If Tenant files shall file a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy Federal Bankruptcy laws or other insolvency laws is shall be filed and shall not be withdrawn or dismissed within forty-five (45) days days; thereafter, of or, if under the provisions of any the law providing for reorganization or winding winding-up of corporations, corporations any court of competent jurisdiction assumes shall assume jurisdiction, custody or control of Tenant or of any substantial part of its property and such jurisdiction, custody or control remains shall remain in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If h. If, in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed or takes possession with authority to take charge of the Premises or less than substantially all of Tenant's Property (or has the authority to do so) for the purpose purposes of enforcing a lien against the Premises or Tenant's Propertythat property; or
h. i. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d "d" through g "h" above.
Appears in 1 contract
Tenant’s Default. The occurrence If Tenant defaults in the performance of any one or more of ---------------- Tenant's obligations under the Lease, and Tenant's default is not cured within the following events shall constitute a default notice and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails cure period: (a) failure to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three sum due - ten (310) days after such payment written notice is due and payablesent by Landlord; or
c. If Tenant fails (b) failure to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for obligation - thirty (30) days after written notice thereof from is sent by Landlord, Landlord shall have the right and option, in Landlord's sole discretion, and without having to Tenant; orgive further notice of any kind, to pursue any one or more of the following remedies (as well as any other remedies available to Landlord at law or equity):
d. If a writ A. Declare immediately due all accrued amounts as well as the entire amount of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment all rent and other charges remaining to be paid for the benefit or creditorsbalance of the lease term, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property xxx to recover such amounts and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge recover possession of the Premises or (together with such expenses as Landlord may incur in recovering possession of the Premises, including but not limited to court costs, litigation expenses, and attorneys' fees);
B. Enter upon and take possession of the Premises without terminating this Lease, and without relieving Tenant of its obligation to pay the rent and other payments required of Tenant under this Lease, and at Tenant's Property (expense: expel or has the authority to do so) for the purpose of enforcing a lien against remove Tenant and any other person who may be occupying the Premises or any part thereof and any personal property or trade fixtures located therein, and change or alter the locks and other security devices, and relet the Premises in the name of Landlord or Tenant, at any rental and for any term readily obtainable, and receive the rent therefor. In such event, Tenant shall pay to Landlord on demand the expenses of such reletting (include but not limited to all real estate commissions and all expenses involved in readying the Premises for occupancy by the next tenant), and any deficiency which may arise by reason of such reletting for the remainder of the term of this Lease;
C. Declare this Lease and Tenant's Property; orright of occupancy terminated, in which case Tenant shall peaceably surrender the Premises to Landlord;
h. If D. Take action, on Tenant's behalf and at Tenant's expense, to perform any obligation owing by Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.under this Lease which Tenant has failed to perform;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The abandonment of the Premises by Tenant or abandons any vacation or vacates abandonment of the Premises; orPremises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for three a period of five (35) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder, including, without limitation, Lease Guarantor, if any, (collectively, "GUARANTOR") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged, for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and fully perform within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (i) (1) or (m) herein or any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained which shall be governed by the notice and cure periods set forth in this Lease and such other subparagraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within sixty (60) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.months;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("Default"):
a. If Tenant fails to take possession (a) The abandonment of the Premises by Tenant for a period of thirty (30) consecutive days or abandons any abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or vacates otherwise lapse, in each of the Premises; orforegoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for three a period of seven (37) days after written notice from Landlord that the same is past due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder, including, without limitation, Lease Guarantor, if any, (collectively, "Guarantor") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
c. If (h) An assignment or sublease of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and fully perform within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (i) (l) or (m) herein or any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained which shall be governed by the notice and cure periods set forth in this Lease and such other subparagraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within sixty (60) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (455) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.months;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("Default"):
a. If Tenant fails to take possession (a) The abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises; orPremises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder (collectively, "Guarantor") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof,
(f) Intentionally Deleted;
(g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is due expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and payable; orwithin the time period provided in Paragraph 7 above;
c. If Tenant fails to promptly and fully perform (j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (1) or (m) above or any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within sixty (60) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) daysmonths; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.and
Appears in 1 contract
Samples: Lease Agreement (Broadcom Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant (“Default”):
a. If Tenant fails to take possession (a) The abandonment of the Premises or abandons or vacates the Premises; or;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) days after the same is due; provided, however, that Tenant shall be entitled to one notice of late payment and a five (5) day cure period in each twelve (12) month period;
(c) A general assignment by Tenant or any guarantor or surety of Tenant’s obligations hereunder (collectively, “Guarantor”) for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant’s assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) The failure by Tenant to maintain its legal existence, if Tenant is due a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord’s consent thereto;
(i) Failure of Tenant to restore the Letter of Credit to the amount and fully perform within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant’s covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained in this Lease and which shall be governed by such other Paragraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within one hundred twenty (120) days after the giving of the aforesaid written notice;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment Rent, or execution is levied on any other periodic payments required to be paid by Tenant under this Lease. “Chronic delinquency” shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (455) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic delinquency, in any proceeding or action addition to Landlord’s other remedies for Default provided in which this Lease, at Landlord’s option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Samples: Lease Agreement (Alliance Fiber Optic Products Inc)
Tenant’s Default. The occurrence of failure by Tenant to perform any one or more of the following events obligations shall constitute a default and breach of this Lease hereunder by Tenant:
a. (1) If Tenant fails to take possession abandons all or a substantial portion of the Premises or abandons or vacates the Premises; or;
b. (2) If Tenant fails to pay any Rent rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; orprovided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Sec. 1161, ET SEQ., as amended;
d. (3) If a writ of attachment or execution is levied on Tenant involuntarily transfers Tenant's interest in this Lease or on any of Tenantvoluntarily transfers (attempted or actual) its interest in this Lease, without Landlord's Property; orprior written consent;
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. (4) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws Federal Bankruptcy Laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five sixty (4560) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its the Premises or any of Tenant's personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five sixty (4560) days; or;
g. (5) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or any of Tenant's Property personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; orpersonal property;
h. (6) If Tenant shall make any general assignment for the benefit of creditors or convene a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts, or any class thereof;
(7) If Tenant fails to discharge any lien placed upon the Premises, the Building or the Project by Tenant or any person claiming under, by or through Tenant within ten (10) days of the imposition of such lien;
(8) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease (other than subparagraphs (1) through (7) above) and such failure continues for ten (10) days after written notice thereof from Landlord to Tenant, or if such failure cannot be completely cured within such ten (10) day period, then if Tenant fails to commence such cure within such ten (10) day period and thereafter proceed to completely cure such failure within sixty (60) days after such written notice;
(9) If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d (1) through g (8) above; or
(10) The occurrence of a default under that certain lease of even date herewith between Landlord, as landlord, and Tenant, as tenant, for certain other premises located within Building "B" in the Project consisting of approximately 26,088 square feet.
Appears in 1 contract
Samples: Lease (Peregrine Systems Inc)
Tenant’s Default. The occurrence For the purposes of this Section 17.1, if the term “Tenant”, as used in this Lease, refers to more than one person, then, such term shall be deemed to include all of such persons or any one or more of them; if any of the following events shall constitute a default and breach obligations of Tenant under this Lease by are guaranteed, the term “Tenant”, as used in Section 17.1(e) and Section 17.1(f), shall be deemed to also include the guarantor or, if there is more than one guarantor, all or any one of them; and if this Lease has been assigned, the term “Tenant”, as used in Sections 17.1 (a) through (h), inclusive, shall be deemed to include the assignee and assignor, jointly and severally, unless Landlord shall have, in connection with such assignment, previously released the assignor from any further liability under this Lease, in which event the term “Tenant”, as used in said subparagraphs, shall not include the assignor that was previously released. Tenant’s continued occupancy and quiet enjoyment of the Premises and this Lease and the covenants and estate hereby granted are subject to the limitation that:
a. If a) if Tenant fails to take possession make any payment of the Premises Fixed Monthly Rent or Additional Rent within three (3) business days following Tenant’s receipt of notice from Landlord that any such amount is due and unpaid; or
b) if Tenant abandons or vacates the PremisesPremises for a period in excess of fifteen (15) business days and concurrently discontinues the payment of Rent; or
b. If c) if Tenant fails to pay defaults in the keeping, observance or performance of any Rent covenant or any other charges required to be paid agreement set forth in Sections 6.1, 6.2, or 19.3, and if such default continues and is not cured by Tenant under this Lease and such failure continues for three (before the expiration of Landlord’s written 3) days after such payment is due and payable-Day Notice to Cure or Quit; or
c. If d) if Tenant fails to promptly and fully perform defaults in the keeping, observance or performance of any other covenant, condition covenant or agreement contained including any provisions of the rules and regulations established by Landlord (other than a default of the character referred to in this Lease Sections 17.1 (a), (b) or (c)), and if such failure default continues for and is not cured by Tenant within thirty (30) days after written Tenant’s receipt of notice thereof from Landlord specifying the same, or, in the case of such a default which for causes beyond Tenant’s reasonable control (including occupancy of a sublessee) cannot with due diligence be cured within such period of thirty (30) days after Tenant’s receipt of notice from Landlord specifying the same, if Tenant: Encino Terrace / Research Solutions, Inc. / MK / December 29, 2016 ____ ____ ____ ____ Initial Initial Initial Initial
i) does not, promptly upon Tenant’s receipt of such notice, advise Landlord of Tenant’s intention duly to Tenantinstitute all steps necessary to cure such default; or
d. If ii) does not duly institute and thereafter diligently prosecute to completion all steps (including, if appropriate, legal proceedings against a writ of attachment or execution is levied on this Lease or on any of Tenant's Propertydefaulting sublessee) necessary to cure the same; or
e. If Tenant e) intentionally omitted; or
f) if Tenant:
i) applies for or consents to the appointment of, or the taking of possession by a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property, which is not discharged within thirty (30) days;
ii) admits in writing its inability, or is generally unable, to pay its debts as such debts become due;
iii) makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with of its creditors; or;
f. If Tenant files iv) commences a voluntary petition for relief or if a petition against Tenant in a proceeding case under the federal bankruptcy laws (as now or other insolvency laws hereafter in effect), which is filed and not withdrawn or dismissed discharged within forty-five thirty (4530) days thereafter, of if under the provisions days;
v) files a petition seeking to take advantage of any other law providing for reorganization relating to bankruptcy, insolvency, reorganization, winding up, or winding up composition or adjustment of corporationsdebts, which is not discharged within thirty (30) days;
vi) fails to controvert in a timely or appropriate manner, or acquiesces in writing to, any court petition filed against it in an involuntary case under such bankruptcy laws, which is not discharged within thirty (30) days;
vii) takes any action for the purpose of competent jurisdiction assumes jurisdictioneffecting any of the foregoing, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five which is not discharged within thirty (4530) days; or
g. If g) if a proceeding or case is commenced, without the application or consent of Tenant, in any proceeding court of competent jurisdiction, seeking:
i) the liquidation, reorganization, dissolution, winding up, or action in which Tenant is a partycomposition or readjustment of debts, of Tenant; or
ii) the appointment of a trustee, receiver, agent custodian, liquidator or custodian is appointed to take charge the like of the Premises Tenant or Tenant's Property (of all or has the authority to do so) for the purpose a substantial part of enforcing a lien against the Premises or Tenant's Propertyits assets; or
h. If iii) similar relief with respect of Tenant is a partnership under any law relating to bankruptcy, insolvency, reorganization, winding up, or consists composition or adjustment of more than one (1) person debts, and such proceeding or entitycase shall continue undismissed, if any partner of the partnership or other person an order, judgment or entity is involved in decree approving or ordering any of the acts foregoing shall be entered and continue unstayed and in effect, for a period of sixty (60) days, or events described an order for relief against Tenant shall be entered in subparagraphs d through g above.an involuntary case under such bankruptcy laws; or
h) if Tenant fails to take possession of and move into the Premises within fifteen (15) business days after Landlord tenders the same in writing to Tenant (provided that Landlord has the right to tender such possession), unless Tenant acknowledges and accepts the Commencement Date as occurring within such fifteen (15) business day time period, and pays Rent thereon from such Commencement Date; then, in any or each such event, Tenant shall be deemed to have committed a material default under this Lease. Encino Terrace / Research Solutions, Inc. / MK / December 29, 2016 ____ ____ ____ ____ Initial Initial Initial Initial
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The vacation of the Premises for a consecutive period of sixty (60) days or abandons more, without (i) the intention of retaking possession or vacates occupancy, and (ii) providing for the Premises; orsecurity of the Building, or the abandonment of the Premises by Tenant or any other vacation which would cause any insurance policy to be invalidated or otherwise lapse;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such failure continues for three payable hereunder within five (35) days after the date the same are due;
(c) A general assignment by Tenant for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant, the filing by Tenant of a voluntary petition for an arrangement, the filing by or against Tenant of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant, if Tenant is due a natural person., or the failure by Tenant to maintain its legal existence, if Tenant is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and payable; ordeliver to Landlord any estoppel certificate, subordination agreement, or lease amendment in the time periods and manner required by Paragraphs 30 or 31 or 42;
c. If (h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant fails contrary to promptly the provisions of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to deposit the Letter of Credit with Landlord when required under Paragraph 7, and/or failure of Tenant to restore the Letter of Credit to the amount and fully perform within the time period provided in Paragraph 7;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in any other covenantsubparagraphs of this Paragraph 24, condition or agreement contained in this Lease and which shall be governed by such other subparagraphs), which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion;
d. If a writ (k) Chronic delinquency by Tenant in the payment of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditorsRent, or provides for an arrangementany other periodic payments required to be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to pay Rent, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdictionother periodic payments required to be paid by Tenant under this Lease, custody when due (i) for any three (3) months (consecutive or control remains in force unrelinquished, unstayed or unterminated for a nonconsecutive) during any period of forty-five twelve (4512) days; or
g. If in any proceeding months or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do soii) for any twelve (12) months (consecutive or nonconsecutive) during the purpose Term. In the event of enforcing a lien against Chronic Delinquency, in addition to Landlord's other remedies for Default provided in this Lease, at Landlord's option, Landlord shall have the Premises or Tenant's Property; or
h. If right to require that Rent be paid by Tenant is a partnership or consists of more than one (1) person or entityquarterly, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's ’s Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after written notice from Landlord that such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d (d) through g (g) above.
Appears in 1 contract
Samples: Lease Agreement (Diversa Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. (1) If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. (2) If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. (3) If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. (4) If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. (5) If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its of creditors; or
f. (6) If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five sixty (4560) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five sixty (4560) days; or
g. (7) If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. (8) If Tenant is a partnership or consists of more than one (1) person or entity, if any general partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d Sections 26(a)(4) through g (7) above.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("Default"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of thirty (30) consecutive days or abandons any vacation or vacates abandonment of the Premises; orPremises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid by Tenant under this Lease monies due and such payable hereunder, said failure continues continuing for a period of three (3) five (5) days after written notice the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenants obligations hereunder, including, without limitation Lease Guarantor, if any, (collectively, "Guarantor") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such payment attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is due a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity and payable; oris not cured within thirty (30) days after written notice;
c. If (g) Failure of Tenant fails to promptly execute and fully perform deliver to Landlord any other covenantestoppel certificate, condition subordination agreement, or agreement contained lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specifically identified as events of Default in this Lease and such Paragraph 24, which failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on , provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this Lease or on any of Tenant's Property; or
e. If subparagraph so long as Tenant makes a general assignment for thereafter diligently and continuously prosecutes the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed cure to completion and not withdrawn or dismissed actually completes such cure within forty-five sixty (4560) days thereafter, after the giving of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of aforesaid written notice;
(k) Chronic overuse by Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge Tenants Agents of the Premises number of undesignated parking spaces set forth in the Basic Lease Information. "Chronic overuse" shall mean use by Tenant or Tenant's Property (or has Agents of a number of parking spaces greater than the authority to do so) for number of parking spaces set forth in the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of Basic Lease Information more than one three (13) person or entity, if any partner of times during the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g aboveTerm after written notice by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Pixelworks Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("Default"):
a. If Tenant fails to take possession (a) The vacation of the Premises for a period, in the aggregate, of six (6) months or abandons abandonment of the Premises by Tenant for a period of ten (10) consecutive days or vacates any vacation or abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges monies due and payable hereunder, said failure continuing for a period three (3) days after Landlord's notice of such failure;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder (collectively, "Guarantor") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days.
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment in the time periods and manner required by Paragraphs 30 or 31 or 42;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or (m) above or any other subparagraphs of this Paragraph 25, which shall be governed by such other Paragraphs),which failure continues for ten (10) days after written notice thereof from Landlord to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within a reasonable time after the giving of the aforesaid written notice;
(k) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease and Landlord's delivery of written notice of such failure continues (i) for any here (3) months (consecutive or nonconsecutive) during any period of twelve (12) months or (ii) for any six (6) months (consecutive or nonconsecutive) during the Term. In the event of a Chronic Delinquency, in addition to Landlord's other remedies for Default provided in this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant quarterly, in advance;
(l) Chronic overuse by Tenant or Tenant's Agents of the number of undesignated parking spaces set forth in the Basic Lease Information. "Chronic Overuse" shall mean use by Tenant or Tenant's Agents of a number of parking spaces greater than the number of parking spaces set forth in the Basic Lease Information more than three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform times during any other covenant, condition or agreement contained in this Lease and such failure continues for thirty twelve (3012) days month period after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.by Landlord;
Appears in 1 contract
Samples: Lease Agreement (Corgentech Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The vacation of the Premises for a period, in the aggregate, of [*] or abandons abandonment of the Premises by Tenant for a period of [*] or vacates any vacation or abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges monies due and payable hereunder, said failure continuing for a period of three (3) days after Landlord's notice of such failure;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder (collectively, "GUARANTOR") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof; - - - - - - - - Confidential Treatment Requested.
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment in the time periods and manner required by Paragraphs 30 or 31 or 42;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Letter of Credit or the Security Deposit to the amount and within the time period provided in Paragraph 4(a)(ii) or Paragraph 7 above, respectively;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraph (b) above or subparagraphs (l) or (m) below or any other subparagraphs of this Paragraph 24, which shall be governed by such other Paragraphs), which failure continues for ten (10) days after written notice thereof from Landlord to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within a reasonable time after the giving of the aforesaid written notice;
(k) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to pay Rent, or any other periodic payments required to be paid by Tenant under this Lease and Landlord's delivery of written notice of such failure continues (i) for any three (3) days after such payment is due and payable; or
c. If Tenant fails months (consecutive or nonconsecutive) during any period of twelve (12) months or (ii) for any six (6) months (consecutive or nonconsecutive) during the Term. In the event of a Chronic Delinquency, in addition to promptly and fully perform any Landlord's other covenant, condition or agreement contained remedies for Default provided in this Lease and such failure continues for thirty (30) days after written notice thereof from Lease, at Landlord's option, Landlord shall have the right to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If require that Rent be paid by Tenant makes a general assignment for the benefit or creditorsquarterly, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Samples: Lease Agreement (Corixa Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the PremisesPremises accompanied by non-payment of Rent; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three five (35) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to TenantTenant unless such failure is not susceptible of cure within such 30 days and Tenant is diligently pursuing a cure; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's ’s Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's ’s Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's ’s Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
Samples: Office Building Lease (Realogy Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of by Tenant under this Lease by Lease: (a) Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails ’s failure to pay when due any Rent or any other charges required to be paid by Tenant under this Lease and such if the failure continues for three (3) days after such payment is due and payablewritten notice of the failure from Landlord to Tenant; or
c. If Tenant fails (b) Tenant’s failure to promptly and fully provide any instrument or assurance as required by section 20.2 or estoppel certificate as required by section 19.1 if the failure continues for five (5) days after written notice of the failure from Landlord to Tenant; (c) Tenant’s failure to perform any other covenant, condition or agreement contained in obligation under this Lease and such if the failure continues for thirty (30) days after written notice thereof of the failure from Landlord to Tenant; or
d. If a writ (d) Tenant’s abandonment of attachment or execution is levied on the Premises, including Tenant’s absence from the Premises for thirty (30) consecutive days (excluding Saturdays, Sundays, and California legal holidays) while in default of any provision of this Lease or on any of Tenant's PropertyLease; or
e. If Tenant makes a (e) To the extent permitted by law: (1) A general assignment by Tenant or any guarantor of the Lease for the benefit of creditors; (2) The filing by or creditorsagainst Tenant, or provides for an arrangementany guarantor, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a of any proceeding under an insolvency or bankruptcy law, unless (in the federal bankruptcy laws or other insolvency laws case of an involuntary proceeding) the proceeding is filed and not withdrawn or dismissed within forty-five sixty (4560) days thereafter, days; (3) The appointment of if under a trustee or receiver to take possession of all or substantially all the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control assets of Tenant or any substantial part guarantor, unless possession is unconditionally restored to Tenant orthat guarantor within sixty (60) days and the trusteeship or receivership is dissolved; (4) Any execution or other judicially authorized seizure of its property and such jurisdictionall or substantially all the assets of Tenant located on the Premises, custody or control remains of Tenant’s interest in force unrelinquishedthis Lease, unstayed or unterminated for a period of forty-five unless that seizure is discharged within sixty (4560) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge (f) The committing of waste on the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g abovePremises.
Appears in 1 contract
Samples: Office Lease (Inpixon)
Tenant’s Default. The occurrence For the purposes of this Section 17.1, if the term “Tenant”, as used in this Lease, refers to more than one person, then, such term shall be deemed to include all of such persons or any one or more of them; if any of the following events shall constitute a default and breach obligations of Tenant under this Lease by are guaranteed, the term ‘‘Tenant”, as used in Section 17.1(e) and Section 17.1(f), shall be deemed to also include the guarantor or, if there is more than one guarantor, all or any one of them; and if this Lease has been assigned, the term “Tenant”, as used in Sections 17.1 (a) through (h), inclusive, shall be deemed to include the assignee and assignor, jointly and severally, unless Landlord shall have, in connection with such assignment, previously released the assignor from any further liability under this Lease, in which event the term “Tenant”, as used in said subparagraphs, shall not include the assignor that was previously released. Tenant’s continued occupancy and quiet enjoyment of the Premises and this Lease and the covenants and estate hereby granted are subject to the limitation that:
a. If a) if Tenant fails to take possession make any payment of the Premises Fixed Monthly Rent or Additional Rent within three (3) business days following Tenant’s receipt of written notice from Landlord that any such amount is due and unpaid; or
b) if Tenant abandons or vacates the Premises; or
b. If c) if Tenant fails to pay defaults in the keeping, observance or performance of any Rent covenant or any other charges required to be paid agreement set forth in Sections 6.1, 6.2, or 19.3, and if such default continues and is not cured by Tenant under this Lease and such failure continues for three (before the expiration of Landlord’s written 3) days after such payment is due and payable-Day Notice to Cure or Quit; or
c. If d) if Tenant fails to promptly and fully perform defaults in the keeping, observance or performance of any other covenant, condition covenant or agreement contained including any provisions of the rules and regulations established by Landlord (other than a default of the character referred to in this Lease Sections 17.1 (a), (b) or (c)), and if such failure default continues for and is not cured by Tenant within thirty (30) days after written Landlord has given to Tenant a notice thereof from specifying the same, or, in the case of such a default which for causes beyond Tenant’s reasonable control (including occupancy of a sublessee) cannot with due diligence be cured within such period of thirty (30) days, if Tenant:
i) does not, promptly upon Tenant’s receipt of such notice, advise Landlord of Tenant’s intention duly to Tenantinstitute all steps necessary to cure such default; or
d. If ii) does not duly institute and thereafter diligently prosecute to completion all steps (including, if appropriate, legal proceedings against a writ of attachment or execution is levied on this Lease or on any of Tenant's Propertydefaulting sublessee) necessary to cure the same; or
e. If Tenant e) intentionally omitted; or
f) if Tenant:
i) applies for or consents to the appointment of, or the taking of possession by a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property;
ii) admits in writing its inability, or is generally unable, to pay its debts as such debts become due;
iii) makes a general assignment for the benefit of its creditors;
iv) commences a voluntary case under federal bankruptcy laws (as now or creditorshereafter in effect);
v) files a petition seeking to take advantage of any other law relating to bankruptcy, insolvency, reorganization, winding up, or provides for an arrangement, composition, extension composition or adjustment with its creditorsof debts;
vi) fails to controvert in a timely or appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary case under such bankruptcy laws;
vii) takes any action for the purpose of effecting any of the foregoing; or
f. If Tenant files a voluntary petition for relief or g) if a petition against Tenant proceeding or case is commenced, without the application or consent of Tenant, in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody seeking:
i) the liquidation, reorganization, dissolution, winding up, or control composition or readjustment of Tenant or any substantial part debts, of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) daysTenant; or
g. If in any proceeding or action in which Tenant is a party, ii) the appointment of a trustee, receiver, agent custodian, liquidator or custodian is appointed to take charge the like of the Premises Tenant or Tenant's Property (of all or has the authority to do so) for the purpose a substantial part of enforcing a lien against the Premises or Tenant's Propertyits assets; or
h. If iii) similar relief with respect of Tenant is a partnership under any law relating to bankruptcy, insolvency, reorganization, winding up, or consists composition or adjustment of more than one (1) person debts, and such proceeding or entitycase shall continue undismissed, if any partner of the partnership or other person an order, judgment or entity is involved in decree approving or ordering any of the acts foregoing shall be entered and continue unstayed and in effect, for a period of sixty (60) days, or events described an order for relief against Tenant shall be entered in subparagraphs d through g abovean involuntary case under such bankruptcy laws; or
h) if Tenant fails to take possession of and move into the Premises within fifteen (15) calendar days after Landlord tenders the same in writing to Tenant, unless Tenant acknowledges and accepts the Commencement Date as occurring within such fifteen-day time period, and pays Rent thereon from such Commencement Date; then, in any or each such event, Tenant shall be deemed to have committed a material default under this Lease.
Appears in 1 contract
Samples: Office Lease (Ziprecruiter, Inc.)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent or any additional rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after written notice thereof from Landlord (so long as the form of any such payment is due notice complies with statutory requirements, any such notice and payablethe opportunity to cure shall be in lieu of and not in addition to the notice required in order to commence unlawful detainer proceedings); or
c. If Tenant fails to promptly and fully to perform any other non-monetary covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to TenantTenant (so long as the form of any such notice complies with statutory requirements, any such notice and the opportunity to cure shall be in lieu of and not in addition to the notice required in order to commence unlawful detainer proceedings); or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or of creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of or if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entityentry, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d (d) through g (g) above.
Appears in 1 contract
Samples: Office Building Lease (Viasat Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("DEFAULT"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days when Tenant is in monetary default or abandons any vacation or vacates abandonment of the Premises; orPremises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse in each of the foregoing cases;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges monies due and payable hereunder, said failure continuing for a period of five (5) business days after the same is due;
(c) A general assignment by Tenant or any guarantor or surety of Tenant's obligations hereunder, including, without limitation Lease Guarantor, if any, (collectively, "GUARANTOR") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42, and/or failure by Tenant to deliver to Landlord any financial statement within the time period and in the manner required by Paragraph 40;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 23, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (i), (l) or (m) herein or any other subparagraphs of this Paragraph 24, which shall be governed by the notice and cure periods set forth in such other subparagraphs), which failure continues for thirty (30) days after receipt of written notice thereof from Landlord to Tenant, provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such thirty (30) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within a reasonable time period after the giving of the aforesaid written notice;
(k) Chronic delinquency by Tenant in the payment of Rent, or any other periodic payments required to be paid by Tenant under this Lease. "CHRONIC DELINQUENCY" shall mean failure by Tenant to pay Rent, or any other payments required to be paid by Tenant under this Lease and such failure continues for within three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment for any three (3) months (consecutive or execution is levied on this Lease or on nonconsecutive) during any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.months;
Appears in 1 contract
Samples: Office Lease Agreement (Performance Capital Management LLC)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a an event of default and breach on the part of this Lease by Tenant:Tenant ("Default"):
a. If Tenant fails to take possession (a) The vacation or abandonment of the Premises by Tenant for a period of ten (10) consecutive days or abandons any vacation or vacates abandonment of the Premises by Tenant which would cause any insurance policy to be invalidated or otherwise lapse, or the failure of Tenant to continuously operate Tenant's business in the Premises; or, in each of the foregoing cases irrespective of whether or not Tenant is then in monetary default under this Lease. With respect to this clause (a), Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
b. If Tenant fails (b) Failure to pay any installment of Rent or any other charges required to be paid monies due and payable hereunder, said failure continuing for a period of five (5) days after the same is due;
(c) A general assignment by Tenant under or any guarantor or surety of Tenant's obligations hereunder (collectively, "Guarantor") for the benefit of creditors;
(d) The filing of a voluntary petition in bankruptcy by Tenant or any Guarantor, the filing by Tenant or any Guarantor of a voluntary petition for an arrangement, the filing by or against Tenant or any Guarantor of a petition, voluntary or involuntary, for reorganization, or the filing of an involuntary petition by the creditors of Tenant or any Guarantor, said involuntary petition remaining undischarged for a period of sixty (60) days;
(e) Receivership, attachment, or other judicial seizure of substantially all of Tenant's assets on the Premises, such attachment or other seizure remaining undismissed or undischarged for a period of sixty (60) days after the levy thereof;
(f) Death or disability of Tenant or any Guarantor, if Tenant or such Guarantor is a natural person, or the failure by Tenant or any Guarantor to maintain its legal existence, if Tenant or such Guarantor is a corporation, partnership, limited liability company, trust or other legal entity;
(g) Failure of Tenant to execute and deliver to Landlord any estoppel certificate, subordination agreement, or lease amendment within the time periods and in the manner required by Paragraphs 30 or 31 or 42;
(h) An assignment or sublease, or attempted assignment or sublease, of this Lease or the Premises by Tenant contrary to the provision of Paragraph 24, unless such assignment or sublease is expressly conditioned upon Tenant having received Landlord's consent thereto;
(i) Failure of Tenant to restore the Security Deposit to the amount and within the time period provided in Paragraph 7 above;
(j) Failure in the performance of any of Tenant's covenants, agreements or obligations hereunder (except those failures specified as events of Default in subparagraphs (b), (l) or (m) of this Paragraph 24 or any other subparagraphs of this Paragraph 24, which shall be governed by such other Paragraphs), which failure continues for three ten (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained in this Lease and such failure continues for thirty (3010) days after written notice thereof from Landlord to Tenant; or
d. If a writ , provided that, if Tenant has exercised reasonable diligence to cure such failure and such failure cannot be cured within such ten (10) day period despite reasonable diligence, Tenant shall not be in default under this subparagraph so long as Tenant thereafter diligently and continuously prosecutes the cure to completion and actually completes such cure within sixty (60) days after the giving of attachment or execution is levied on the aforesaid written notice. With respect to this clause (j), Tenant agrees to notice and service of notice as provided for in this Lease and waives any right to any other or on further notice or service of notice which Tenant may have under any statute or law now or hereafter in effect;
(k) Chronic delinquency by Tenant in the payment of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditorsRent, or provides for an arrangementany other periodic payments required to be paid by Tenant under this Lease. "Chronic delinquency" shall mean failure by Tenant to pay Rent, composition, extension or adjustment with its creditors; or
f. If any other payments required to be paid by Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed this Lease within forty-five three (453) days thereafter, of if under the provisions of after written notice thereof for any law providing for reorganization three (3) months (consecutive or winding up of corporations, nonconsecutive) during any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five twelve (4512) days; or
g. If months. In the event of a Chronic Delinquency, in any proceeding or action addition to Landlord's other remedies for Default provided in which this Lease, at Landlord's option, Landlord shall have the right to require that Rent be paid by Tenant is a partyquarterly, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.advance;
Appears in 1 contract
Samples: Lease Agreement (Vixel Corp)
Tenant’s Default. The occurrence In the event the Tenant shall default in the payment of Base Rent, Additional Rent, or any other sums payable by the Tenant hereunder (“monetary default”) and such monetary default shall continue for a period of three (3) days, or if the Tenant shall default in the performance of any other covenants or agreements of this Lease (“non-monetary default’’) and such non-monetary default shall continue for ten (10) days, or if the Tenant should become bankrupt or insolvent or any debtor proceedings be taken by or against the Tenant, then and in addition to any and all other legal remedies and rights, the Landlord may declare the entire balance of the rent for the remainder of the term to be due and payable and may collect the same by distress or otherwise, may terminate the Lease, may terminate Tenant’s right to possession without terminating the Lease or take any other remedy allowed by Florida law, and Landlord shall have a lien on the personal property of the Tenant which is located in the Premises. Landlord may, without first obtaining a distress warrant, lock up the Premises in order to protect said interest in the secured property, or the Landlord may terminate this Lease and retake possession of the Premises, or enter the Premises and relet the same without termination, in which latter event the Tenant covenants and agrees to pay any deficiency after Tenant is credited with the rent thereby obtained less all repairs and expenses (including the expenses of obtaining possession), or the Landlord may resort to any two or more of such remedies or rights, and adoption of one or more of such remedies or rights shall not prevent the following events shall constitute a default enforcement of others concurrently or thereafter. The Tenant also covenants and breach of this Lease by Tenant:
a. If Tenant fails agrees to take possession pay all attorney’s fees and costs and expenses of the Premises Landlord, including court costs, if the Landlord employs an attorney to collect rent or abandons or vacates enforce other rights of the Premises; or
b. If Tenant fails to pay any Rent or any other charges required to be paid by Tenant under this Lease and such failure continues for three (3) days after such payment is due and payable; or
c. If Tenant fails to promptly and fully perform any other covenant, condition or agreement contained Landlord herein in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions event of any law providing for reorganization breach as aforesaid, and the same shall be payable regardless of whether collection or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody enforcement is effected by suit or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g aboveotherwise.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more Each of the following events shall constitute a be an event of default and breach (“Event of Default”) by Tenant under this Lease by TenantLease:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. (1) If Tenant fails to pay any Rent installment of Base Rent, additional rent, or any other charges sum, charge or payment required to be paid by Tenant under this Lease (collectively a “Monetary Default”) and such failure continues for three a period of five (35) days after such payment is due and payable; orwas due;
c. (2) If Tenant fails to promptly and fully perform or any other covenant, condition guarantor or agreement contained in this Lease and such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; or
d. If a writ of attachment or execution is levied on this Lease or on any surety of Tenant's Property; or
e. If Tenant makes ’s obligations hereunder shall (a) make a general assignment for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its of creditors; or
f. If Tenant files a voluntary petition for relief (b) commence (voluntary) or if a petition have commenced against Tenant in a it (involuntary) any proceeding under the federal Federal bankruptcy laws Laws or other insolvency laws which is filed and not withdrawn or dismissed within forty-five ninety (4590) days thereafter, of if (collectively a “Proceeding for Relief”); (c) under the provisions of any law providing for reorganization or winding up of corporations, partnerships or limited liability companies, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its the Premises or any of Tenant’s personal property located at the Premises and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five ninety (4590) days; oror (d) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity);
g. (3) If in any proceeding or action in which Tenant is a party, a trustee, a receiver, agent or custodian is appointed to take charge of the Premises or a material portion of Tenant's Property ’s personal property located at the Premises (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property’s personal property;
(4) If any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease;
(5) If Tenant shall abandon or otherwise vacate the Premises while any rent or additional rent is due and owing;
(6) If Tenant shall attempt or there shall actually occur any (voluntarily or involuntarily) any Assignment, Subleasing or other transfer of Tenant’s interest in or with respect to this Lease except as otherwise permitted in this Lease;
(7) If Tenant shall fail to discharge any lien placed upon the Premises in violation of this Lease within fifteen (15) days after any such lien or encumbrance is filed against the Premises; or
h. (8) If Tenant is a partnership fails to promptly and fully perform each and every other covenant, condition or consists of agreement contained in this Lease and such failure shall continue for more than one fifteen (115) person or entitydays after written notice thereof shall have been given to Tenant; provided, however, that if any partner the nature of Tenant’s default is such that more than fifteen (l5) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said fifteen (l5) day period and thereafter diligently prosecutes such cure to completion not to exceed sixty (60) days in the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g aboveaggregate.
Appears in 1 contract
Samples: Industrial Building Lease (Sirenza Microdevices Inc)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. If Tenant fails to take possession defaults in the payment of the Premises or abandons or vacates the Premises; or
b. If Tenant fails to pay any Rent Rent, or any other charges required to be paid by Tenant under this Lease and such failure continues monetary obligation hereunder, for three more than five (35) business days after written notice of such payment is due and payable; or
c. If default by Landlord, or if Tenant fails to promptly and fully perform defaults in the performance of any other covenant, condition agreement, condition, rule or agreement regulation herein contained in this Lease and such failure continues or provided for, or hereafter established for thirty more than twenty (3020) days after written notice thereof from of such default by Landlord, then (in addition to and as an alternative to all other legal remedies) Landlord shall have the right either to Tenant; or
d. If a writ of attachment or execution is levied on (i) terminate this Lease or on any of and Tenant's Propertyright to possession of the Premises, or to (ii) terminate only Tenant's right to possession of the Premises; or
e. and in either such event, Landlord shall have the right to re-enter and/or repossess the Premises, and dispose and remove therefrom Tenant, or other occupants thereof, and their effects, and alter the locks and other security devises at the Premises, all without being liable for any prosecution or damages therefore. In either event Landlord shall be entitled to recover from Tenant, in addition to the Rent, all expenses incurred in connection with such default, including repossession costs, legal expenses and attorney's fees (whether or not suit is filed), and all expenses incurred in connection with efforts to relet the Premises, including cleaning, altering, advertising and brokerage commissions; and all such expenses shall be reimbursed by Tenant as additional Rent, whether or not such default is subsequently cured. If Landlord elects to terminate only Tenant's right to possession, then Landlord may, at Landlord's option, accelerate the entire amount then remaining unpaid under this Lease and recover same forthwith from Tenant, together with all other charges recoverable hereunder, and thereafter Landlord shall pay over to Tenant makes a general assignment the net proceeds of any total or partial reletting. If Landlord terminates only Tenant's right to possession, then Landlord may relet the Premises for the benefit or creditors, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control account of Tenant or any substantial part of its property and such jurisdiction, custody or control remains (either in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge the name of the Premises Landlord or Tenant's Property (). Except as otherwise provided herein, Tenant waives demand for Rent, demand for possession, notice of forfeiture, notice of termination, and any and all other demands or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g abovenotices required by law.
Appears in 1 contract
Samples: Standard Office Lease (Centene Corp)
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
a. Section 18.01. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails shall fail to pay any Rent or any other charges required to be paid by Tenant under this Lease installment of rent promptly on the day the same is due and payable hereunder, and shall continue in such failure continues default for three a period of ten (310) days after such payment is due and payable; or
c. If written notice thereof has been served by the Landlord, or if Tenant fails shall fail to promptly keep and fully perform any other covenantcovenants of this Lease, condition or agreement contained strictly in accordance with the terms of this Lease Lease, and, other than as provided in Article I, Section 1.03 and such failure continues Article XV, Section 15.02, shall continue in default for a period of thirty (30) days after written notice thereof from has been served by Landlord of default and demand of performance, of if the leasehold interest of Tenant shall be taken on execution or other process of law, or if the Tenant shall petition to Tenant; or
d. If a writ of attachment be or execution is levied on this Lease be declared bankrupt or on insolvent according to law or make any of Tenant's Property; or
e. If Tenant makes a conveyance or general assignment for the benefit or of creditors, or provides if a receiver be appointed for an arrangementsuch Tenant's property, compositionand such appointment be not vacated and set aside within thirty (30) days from the date of such appointment, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws is filed and not withdrawn or dismissed within forty-five (45) days thereafter, of if under the provisions of any law providing proceedings for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody for composition with creditors be instituted by or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (45) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge of the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's Property; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved then and in any of said events, the acts Landlord may immediately, or events described in subparagraphs d through g aboveat any time thereafter, and without further notice or demand, either terminate this Lease or enter into and upon said premises, or any part thereof, and take absolute possession of the same, fully and absolutely, and without such re-entry working as a forfeiture of the rents to be paid and the covenants to be performed by the Tenant for the full term of the Lease, and may, at the Landlord's election, lease or sublet such premises, or any part thereof, on such terms and conditions and for such [illegible], and for such time as the Landlord may elect; and, collect from the tenant any balance remaining [illegible] under this Lease, Landlord shall have such additional rights and remedies as may be provided by then applicable law.
Appears in 1 contract
Tenant’s Default. The occurrence of any one or more of the following events shall constitute a default and breach of by Tenant under this Lease by Lease: (a) Tenant:
a. If Tenant fails to take possession of the Premises or abandons or vacates the Premises; or
b. If Tenant fails 's failure to pay when due any Rent or any other charges required to be paid by Tenant under this Lease and such if the failure continues for three (3) days after such payment is due and payablewritten notice of the failure from Landlord to Tenant; or
c. If Tenant fails (b) Tenant's failure to promptly and fully provide any instrument or assurance as required by Section 21.2 or estoppel certificate as required by Section 20.1 if the failure continues for five (5) days after written notice of the failure from Landlord to Tenant; (c) Tenant's failure to perform any other covenant, condition or agreement contained in obligation under this Lease and such if the failure continues for fifteen (15) days after written notice of the failure from Landlord to Tenant; (d) Tenant's abandonment of the Premises, including Tenant's absence from the Premises for three (3) consecutive days (excluding Saturdays, Sundays, and California legal holidays) while in default of any provision of this Lease; (e) to the extent permitted by law: (1) a general assignment by Tenant or any guarantor of the Lease for the benefit of creditors; (2) the filing by or against Tenant, or any guarantor, of any proceeding under an insolvency or bankruptcy law, unless (in the case of an involuntary proceeding) the proceeding is dismissed within sixty (60) days; (3) the appointment of a trustee or receiver to take possession of all or substantially all the assets of Tenant or any guarantor, unless possession is unconditionally restored to Tenant or that guarantor within thirty (30) days after written notice thereof from Landlord to Tenantand the trusteeship or receivership is dissolved; or
d. If a writ (4) any execution or other judicially authorized seizure of attachment all or execution is levied substantially all the assets of Tenant located on this Lease the Premises, or on any of Tenant's Property; or
e. If Tenant makes a general assignment for the benefit or creditorsinterest in this Lease, or provides for an arrangement, composition, extension or adjustment with its creditors; or
f. If Tenant files a voluntary petition for relief or if a petition against Tenant in a proceeding under the federal bankruptcy laws or other insolvency laws unless that seizure is filed and not withdrawn or dismissed discharged within forty-five thirty (45) days thereafter, of if under the provisions of any law providing for reorganization or winding up of corporations, any court of competent jurisdiction assumes jurisdiction, custody or control of Tenant or any substantial part of its property and such jurisdiction, custody or control remains in force unrelinquished, unstayed or unterminated for a period of forty-five (4530) days; or
g. If in any proceeding or action in which Tenant is a party, a trustee, receiver, agent or custodian is appointed to take charge (f) the committing of waste on the Premises or Tenant's Property (or has the authority to do so) for the purpose of enforcing a lien against the Premises or Tenant's PropertyPremises; or
h. If Tenant is a partnership or consists of more than one (1) person or entity, if any partner of the partnership or other person or entity is involved in any of the acts or events described in subparagraphs d through g above.
Appears in 1 contract
