Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occur: 24.1.1 If Tenant fails to pay Rent or any other sum required to be paid hereunder within five (5) days of its due date; or 24.1.2 If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord, where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default it if commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or 24.1.3 If Tenant assigns its assets for the benefit of its creditors; or 24.1.4 If a court shall make or enter any decree or order other than under the bankruptcy laws of the United states adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occur:
24.1.1 25.1.1 If Tenant fails to pay Rent or any other sum required to be paid hereunder within five seven (57) days after written notice from Landlord; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required pursuant to Section 1161 of its due datethe California Code of Civil Procedure regarding unlawful detainer actions; or
24.1.2 25.1.2 If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it if commences undertakes commercially reasonable measures to cure such non-performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 25.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 25.1.4 If a court shall make or enter any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.
Appears in 2 contracts
Samples: Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occur:occur (a “Default”):
24.1.1 25.1.1 If Tenant fails to pay Rent or any other sum required to be paid hereunder within five three (53) days after written notice of its due datesuch failure from Landlord; provided, however, that any such notice given and served upon Tenant pursuant to the requirements of Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions shall be deemed to be in lieu of, and not in addition to, any notice that may be required hereunder; or
24.1.2 25.1.2 If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 25.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 25.1.4 If a court shall make or enter any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.
Appears in 2 contracts
Samples: Lease (IGM Biosciences, Inc.), Lease (IGM Biosciences, Inc.)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occuroccurs:
24.1.1 (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder within five (5) days of its due datewhen due; or
24.1.2 (ii) If Tenant shall have failed fails to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty twenty (3020) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty twenty (3020) day period; provided, however, that where such failure could not reasonably be cured within the thirty twenty (3020) day period, ; that Tenant shall not be in default if it if commences such performance within the thirty twenty (3020) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 (iii) If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 (iv) If the sequestration or attachment of or execution on any material part of Tenant’s Personal Property essential to the conduct of Tenant’s business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(v) If a court shall make makes or enter enters any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.
Appears in 2 contracts
Samples: Standard Office Lease (VirnetX Holding Corp), Standard Office Lease (Pasw Inc)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occuroccurs:
24.1.1 (i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder within five three (53) days from the date of its due dateLandlord's written notice to Tenant (which notice shall constitute the notice required under California Code 54 of Civil Procedure Section 1161) that such Rent or other sum is due, including, without limitation, any Tenant Improvement costs payable by Tenant under Exhibit C; or
24.1.2 (ii) If Tenant shall have failed fails to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion; or
24.1.3 (iii) If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 (iv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Tenant's Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(v) If Tenant vacates or abandons the Premises; or
(vi) If a court shall make makes or enter enters any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.
Appears in 1 contract
Samples: Lease Agreement (Excite Inc)
Tenant’s Default. A default under this Lease by Tenant shall exist if be deemed to be in default upon the occurrence of any of the following events shall occurfollowing:
24.1.1 If (a) Tenant fails to pay when due any amount of Rent or any other sum required to be paid hereunder and such failure is not cured within five (5) business days of its due dateafter written notice from Landlord; or
24.1.2 If (b) Tenant shall have failed fails to perform or observe any other term, covenant covenant, condition, agreement or condition provision of this Lease except those requiring the payment of money, (other than failure to pay Rent) and Tenant shall have failed to cure such breach failure is not cured within thirty (30) days after written notice from Landlordto Tenant with such notice providing the default and remedy with specificity; provided, where if such breach could failure cannot reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day time period, that then Tenant shall not be deemed to be in default it if Tenant commences to cure and cures such performance failure within a reasonable time;
(c) Tenant files a petition seeking any relief under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors, or admits the thirty (30) day period and diligently thereafter prosecutes material allegations of any such petition by answer or otherwise, or is dissolved, or seeks or consents to or acquiesces in the same to completion; or
24.1.3 If Tenant assigns its assets appointment of any trustee, receiver or liquidator of Tenant, or makes any assignment for the benefit of its creditors, or admits in writing Tenant’s inability to pay debts as they become due; or
24.1.4 If (d) Tenant is in material default more than two (2) times in any Lease Year and thereafter, upon a court shall make or enter any decree or order other than under the bankruptcy laws of the United states adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order third default, Landlord shall have continued for a period of thirty (30) daysthe right in its unrestricted discretion to cancel this Lease.
Appears in 1 contract
Samples: Lease Agreement (1847 Holdings LLC)
Tenant’s Default. A default under this Lease by Tenant shall ---------------- exist if any of the following events shall occuroccurs:
24.1.1 23.1.1. If Tenant fails to pay Rent or any other sum required to be paid hereunder within five (5) business days after written notice from Landlord, except as provided in Section 23.1.5 of its due datethis Lease; or
24.1.2 23.1.2. If Tenant shall have failed fails to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty fifteen (3015) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty fifteen (3015) day period; , provided, however, that where such failure could not reasonably be cured within the thirty fifteen (3015) day period, that Tenant shall not be in default if it if commences such performance within the thirty fifteen (3015) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 If 23.1.3. If, to the extent permitted by applicable law, there shall be filed by or against Tenant, in any court pursuant to any statute either of the United States or any state, a petition in bankruptcy or insolvency or for the reorganization of or for the appointment of a receiver, trustee or liquidator for all or any portion of the assets of Tenant, and, within thirty (30) days thereafter, Tenant assigns its assets fails to secure a discharge thereof, or if the Tenant makes an assignment for the benefit of creditors, or if the Tenant admits in writing its creditorsor their inability to pay its or their debts; or
24.1.4 23.1.4. If a court Tenant shall make fail to take possession of and/or occupy the Premises within the thirty (30) days following the Lease Commencement Date or enter any decree or order other than under if Tenant shall vacate the bankruptcy laws of the United states adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued Premises for a period of thirty fifteen (3015) days.days or more (without giving Landlord notice of such vacancy) at any time following the Lease Commencement Date; or
Appears in 1 contract
Samples: Lease (Vialog Corp)
Tenant’s Default. A default under this Lease by Tenant shall exist ---------------- if any of the following events shall occuroccurs:
24.1.1 (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder within five ten (510) days of its due dateafter the date such Rent or other sum is due; or
24.1.2 (ii) If Tenant shall have failed fails to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion; or
24.1.3 (iii) If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 (iv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier, or
(v) If Tenant abandons the Premises; or
(vi) If a court shall make makes or enter enters any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.
Appears in 1 contract
Samples: Sublease Agreement (Fogdog Inc)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occur:
24.1.1 If (a) If: Tenant fails to pay any installment of Rent or any other sum required to be paid hereunder within five (5) days of its due date; or
24.1.2 If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord, where such breach could reasonably be cured within such thirty (30) day periodwhen due; provided, however, that where Landlord shall provide written notice of the failure to pay such failure could not reasonably be cured within the thirty (30) day period, that Rent and Tenant shall not have a three (3) business day grace period from its receipt of such Landlord’s notice within which to pay such Rent without creating a default hereunder. The late fee set forth in Article 3 hereof shall be due on the first day after such payment is due irrespective of the foregoing notice and grace period; Tenant “vacates” the Premises (other than in default it if commences such performance within the thirty (30case of a permitted subletting or assignment or due to fire or other damage or condemnation) day period and diligently thereafter prosecutes or permits the same to completion; or
24.1.3 If Tenant assigns its assets be unoccupied for the benefit of its creditors; or
24.1.4 If a court shall make or enter any decree or order other more than under the bankruptcy laws of the United states adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days; Tenant fails to bond over a construction or mechanics lien within ten (10) days of receipt of written demand; Tenant fails to observe or perform any of Tenant’s other non-monetary agreements or obligations herein contained within ten (10) days after receipt of written notice specifying the default, or the expiration of such additional time period as is reasonably necessary to cure such default, provided Tenant immediately commences and thereafter proceeds with all due diligence and in good faith to cure such default; then, in any such event, an “Event of Default” shall be deemed to exist and Tenant shall be in default hereunder.
Appears in 1 contract
Samples: Lease Agreement
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occur:
24.1.1 26.1.1 If Tenant fails to pay Rent or any other sum required to be paid hereunder within five when due and such failure continues for ten (510) days of its due datedays; or
24.1.2 26.1.2 If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be reasonable he cured within the thirty (30) day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 26.1.3 If permitted by law, Tenant assigns its assets for the benefit of its creditors; or
24.1.4 26.1.4 If permitted by law, the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
26.1.5 If permitted by law, a court shall make or enter any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.,
Appears in 1 contract
Samples: Lease Extension and Modification Agreement (Coast Bancorp)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occuroccurs:
24.1.1 25.1.1 If Tenant fails to pay Rent or any other sum required to be paid hereunder within five (5) days of its due dateafter the date due; or
24.1.2 25.1.2 If Tenant shall have failed falls to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty ten (3010) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty ten (3010) day period; provided, however, that where such failure could not reasonably be cured within the thirty ten (3010) day period, that Tenant shall not be in default if it if commences such performance within the thirty ten (3010) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 25.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 25.1.4 If the sequestration or attachment of or execution on any material part of Tenant's personal property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such personal property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
25.1.5 If a court shall make makes or enter enters any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.
Appears in 1 contract
Samples: Office Lease (Shrena Software Inc)
Tenant’s Default. A default under this Lease by Tenant shall exist if The occurrence of any one or more of the following events shall occurconstitute a “Default” under this Lease by Tenant:
24.1.1 If a. the failure by Tenant fails to pay make any payment of Rent, Additional Rent or any other sum payment required to be paid hereunder within made by Tenant hereunder, where such failure continues for five (5) business days after written notice thereof from Landlord that such payment was not received when due; provided that if Landlord provides two (2) or more notices of its late payment within any twelve (12) month period, then the third failure of Tenant to make any payment of Rent or any other payment required to be made by Tenant hereunder when due date; orin the twelve (12) month period following the second (2nd) such notice shall be an automatic Default without notice from Landlord;
24.1.2 If b. the failure by Tenant shall have failed to observe or perform any term, covenant of the express or condition implied covenants or provisions of this Lease except those requiring the payment to be observed or performed by Tenant, other than as specified in Sections 22.1(a) or (b) above, where such failure shall continue for a period of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice thereof from Landlord, where such breach could reasonably be cured within such thirty (30) day periodLandlord to Tenant; provided, however, that where if the nature of Tenant’s default is such failure could not reasonably that it may be cured within the but more than thirty (30) day perioddays are reasonably required for its cure, that then Tenant shall not be deemed to be in default it if commences Tenant shall commence such performance cure within the said thirty (30) day period and thereafter diligently thereafter prosecutes the same prosecute such cure to completion; or
24.1.3 If c. a Bankruptcy Event (as defined below) involving Tenant assigns shall occur, and in connection therewith Tenant is liquidated or dissolved or Tenant is proceeding towards its assets for the benefit of its creditors; or
24.1.4 If a court liquidation or dissolution. Any notice sent by Landlord to Tenant pursuant to this Section 22.1 shall make or enter be in lieu of, and not in addition to, any decree or order other than notice required under the bankruptcy laws of the United states adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) daysany applicable Law.
Appears in 1 contract
Tenant’s Default. A default under material breach of this Lease by Tenant shall exist if any of the following events (severally, "Event of Default"; collectively, "Events of Default") shall occur:
24.1.1 If : (i) if Tenant fails shall have failed to pay Rent Base Rent, Tenant's Percentage Share of increased Operating Expenses, or any other sum required to be paid hereunder within five when due, including any interest due under Section 3, and such failure shall continue for three (53) days after written notice thereof from Landlord, except that Landlord shall only be required to give two (2) such notices in any calendar year, and thereafter any such failure by Tenant shall constitute an Event of its due dateDefault without the requirement of notice from Landlord; or
24.1.2 If (ii) if Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such the breach within thirty fifteen (3015) days after written notice from Landlord, where such Landlord if the breach could reasonably be cured within such thirty fifteen (3015) day period; provided, however, that where such if the failure could not reasonably be cured within the thirty fifteen (3015) day period, that then Tenant shall not be in default unless it has failed to promptly commence and thereafter continue to make diligent and reasonable efforts to cure the failure as soon as practicable as reasonably determined by Landlord; (iii) if commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 If Tenant assigns shall have assigned its assets for the benefit of its creditors; or
24.1.4 If a court shall make (iv) if the sequestration of, attachment of, or enter execution on, any decree or order other than under the bankruptcy laws material part of the United states adjudging property of Tenant or on any property essential to be insolvent; or approving as properly filed a petition seeking reorganization the conduct of Tenant; or directing the winding up or liquidation of Tenant and such decree or order 's business shall have continued for occurred, and Tenant shall have failed to obtain a period return or release of the property within thirty (30) days.days thereafter, or prior to sale pursuant to any sequestration, attachment or levy, whichever is earlier; (v) if Tenant shall have abandoned the Premises;
Appears in 1 contract
Samples: Net Lease (Leapfrog Enterprises Inc)
Tenant’s Default. A At the option of Landlord, a default under this Lease by Tenant shall exist if any of the following events shall occur:occur (each is called an "Event of Default");
24.1.1 If (i) Tenant fails to pay the Rent payable hereunder, as and when due, for a period of three (3) days after Notice by Landlord; provided, however, the Notice given hereunder shall be in lieu of, and not in addition to, any notice required under Section 1161, et seq., of the California Code of Civil Procedure;
(ii) Any of Tenant's rights under this Lease are sold or otherwise transferred by or under court order or legal process or otherwise or if any of the actions described in Section 15.2 are taken by or against Tenant or any other sum required Guarantor;
(iii) Tenant vacates or abandons the Premises while in default in the payment of Rent;
(iv) Tenant fails to be paid hereunder within five timely comply with the provisions of Article VI (5"Hazardous Materials"), Article XIV ("Assignment and Subletting"), Article XVI ("Subordination; Estoppel Certificate; Financials"), Section 21.5 ("Modifications for Mortgagees") days of its due dateor Section 21.19 (Authority"); or
24.1.2 If (v) Tenant shall have failed fails to observe, keep, perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from LandlordNotice by Landlord any of the other terms, where covenants, agreements or conditions contained in this Lease or those set forth in any other agreements or rules or regulations which Tenant is obligated to observe or perform. In the event such breach default reasonably could reasonably not be cured or corrected within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) thirty-day period, that but is reasonably susceptible to cure or correction, then Tenant shall not be in default it hereunder if Tenant commences the cure or correction of such performance default within the thirty (30) such thirty-day period and diligently thereafter prosecutes the same to completion; or
24.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 If a court completion after commencing such cure or correction. The Notice required by this clause (viii) shall make or enter be in lieu of, and not in addition to, any decree or order other than notice required under the bankruptcy laws Section 1161, et seq., of the United states adjudging California Code of Civil Procedure. Notices given under this Section 15.1 shall specify the alleged default and shall demand that Tenant to be insolvent; perform the provisions of this Lease or approving pay the Rent that is in arrears, as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a case may be, within the applicable period of thirty (30) daystime, or quit the Premises. No such Notice shall be deemed a forfeiture or a termination of this Lease unless Landlord so elects in the Notice.
Appears in 1 contract
Samples: Lease Agreement (Surebeam Corp)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occur:occur (each an “Event of Default”):
24.1.1 25.1.1 If Tenant fails to pay Rent or any other sum required to be paid hereunder within five when due, which failure continues uncured for a period of three (53) days of its due dateafter written notice thereof; or
24.1.2 25.1.2 If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured cured, within the thirty (30) day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 25.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 25.1.4 If a court shall make or enter any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.
Appears in 1 contract
Samples: Lease (Vocera Communications, Inc.)
Tenant’s Default. A The occurrence of any one or more of the following events shall constitute a default under this Lease by Tenant shall exist if any Tenant:
(a) the vacation or abandonment of the following events shall occur:
24.1.1 If Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant fails to pay Rent or any other sum required to be paid hereunder within from the Premises for five (5) business days or longer while in default of its due date; orany other provision of this Lease;
24.1.2 If (b) the failure by Tenant shall have failed to make any payment of rent or additional rent or any other payment required to be made by Tenant hereunder, as and when due;
(c) the failure by Tenant to timely perform any termof those covenants described in Paragraphs 8.2, covenant 15, 22.2 and 27.1 of this Lease, which Paragraphs expressly provide that such failure shall be deemed a default by Tenant under this Lease without any additional notice or condition cure periods;
(d) the failure by Tenant to observe or perform any of the express or implied covenants or provisions of this Lease except those requiring the payment to be served or performed by Tenant, other than as specified in Subparagraphs 25.1(a), (b) or (c) above, where such failure shall continue for a period of money, and Tenant shall have failed to cure such breach within thirty ten (3010) days after written notice thereof from Landlord, where such breach could reasonably be cured within such thirty (30) day periodLandlord to Tenant; provided, however, that where any such failure could notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure, Section 1161 and provided further that if the nature of Tenant's default is such that more than ten (10) days are reasonably be cured within the thirty (30) day periodrequired for its cure, that then Tenant shall not be deemed to be in default it if commences Tenant shall commence such performance cure within the thirty said ten (3010) day period and thereafter diligently thereafter prosecutes the same prosecute such cure to completion, which completion shall occur not later than sixty (60) days from the date of such notice from Landlord; or
24.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 If a court shall make or enter any decree or order other than under the bankruptcy laws of the United states adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.and
Appears in 1 contract
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occuroccurs:
24.1.1 (i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder within five when due AND TENANT FAILS TO CURE SUCH NON-PAYMENT WITHIN FIVE (5) days of its due dateDAYS AFTER WRITTEN NOTICE FROM LANDLORD; or
24.1.2 (ii) If Tenant shall have failed fails to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion; or
24.1.3 (iii) If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 (iv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(v) If Tenant abandons the Premises; or
(vi) If a court shall make makes or enter enters any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.
Appears in 1 contract
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occur:occur (a “Default”):
24.1.1 (a) If Tenant fails to pay Rent or any other sum required to be paid hereunder within five three (53) days after written notice of its due datesuch failure from Landlord; provided, however, that any such notice given and served upon Tenant pursuant to the requirements of Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions shall be deemed to be in lieu of, and not in addition to, any notice that may be required hereunder; or
24.1.2 (b) If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 (c) If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 (d) If a court shall make or enter any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.
Appears in 1 contract
Samples: Standard Multi Tenant Office Lease (International Stem Cell CORP)
Tenant’s Default. A default under this Lease by Tenant shall exist if any Any of the following events shall occurconstitute a default by Tenant under this Lease:
24.1.1 i. If Tenant fails shall fail to pay Rent or any other sum required to be paid hereunder within five (5) days of its due dategrace period after such sum is due; or
24.1.2 ii. If Tenant shall have failed fail to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) working days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty fifteen (3015) working day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) working day period, that Tenant shall not be in default unless it if commences has commenced such performance cure within the thirty fifteen (3015) working day period and diligently thereafter prosecutes the same to completion; or
24.1.3 iii. If Tenant assigns shall assign its assets for the benefit of its creditors; or
24.1.4 iv. If a court shall make the sequestration or enter attachment of or execution on any decree or order other than under the bankruptcy laws of the United states adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization material part of Tenant; or directing 's Personal Property essential to the winding up or liquidation conduct of Tenant and such decree or order Tenant's business shall have continued for occurred, and Tenant shall fail to obtain a period return or release of thirty such Personal Property within sixty (3060) days.working days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
Appears in 1 contract
Samples: Lease (Ingenex Inc)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occuroccurs:
24.1.1 (i) If Tenant fails to pay when due any Rent or any other sum required to be paid hereunder within five (5) days from the date of its due dateLandlord’s written notice to Tenant (which notice shall constitute the notice required under California Code of Civil Procedure Section 1161) that such Rent or other sum is due; or
24.1.2 (ii) If Tenant shall have failed fails to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion; or
24.1.3 (iii) If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 (iv) If the sequestration or attachment of or execution on any material part of Tenant’s Personal Property essential to the conduct of Tenant’s business occurs, and Tenant fails to obtain a return or release of such Tenant’s Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(v) If Tenant abandons the Premises as determined under applicable California law; or
(vi) If a court shall make makes or enter enters any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.
Appears in 1 contract
Samples: Lease Agreement (Claria Corp)
Tenant’s Default. A The occurrence of any one or more of the following ---------------- events shall constitute a default under and breach of this Lease by Tenant shall exist if any of the following events shall occurTenant:
24.1.1 If (a) The failure by Tenant fails to pay make any payment of Rent or any other sum payment required to be paid hereunder within five (5) days from the date the same is due and payable;
(b) The failure of its due date; or
24.1.2 If Tenant shall have failed to observe, perform or comply with any term, covenant of the conditions or condition provisions of this Lease except those requiring the payment for a period, unless a longer period is otherwise provided herein, of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlordnotice, where or if such breach could reasonably default cannot be cured within that time, then such additional time as may be reasonably necessary if within such thirty (30) day perioddays Tenant has commenced and is diligently pursuing such activities as are necessary to cure the default; providedand
(c) Tenant becomes the subject of any bankruptcy, howeverreorganization or insolvency proceeding, that where such failure could not reasonably be cured within whether voluntary or involuntary, and, in the thirty (30) day periodcase of an involuntary bankruptcy proceeding, that Tenant shall not be in default it if commences such performance within the thirty (30) day period and diligently thereafter prosecutes fails to cause the same to completion; or
24.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 If a court shall make or enter any decree or order other than under the bankruptcy laws be dismissed within sixty (60) days following that date of the United states adjudging filing of such bank- ruptcy. Any notice from Landlord to Tenant described in this Section 19 shall, in the sole discretion of Landlord, constitute a three (3) day notice pursuant to be insolvent; California Code of Civil Procedure section 1161 or approving any successor statute. With respect to any "default" by Tenant referenced in this Lease, the term "default" as properly filed a petition seeking reorganization used in such context shall mean any of Tenant; or directing the winding up or liquidation events described in subsections (a), (b) and/or (c) of Tenant and such decree or order shall have continued for a period of thirty (30) daysthis Section 19.
Appears in 1 contract
Samples: Lease Agreement (Ise Labs Inc)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occuroccurs:
24.1.1 (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder within five (5) days of its due date; orafter written notice that such Rent or other sum is past due;
24.1.2 (ii) If Tenant shall have failed fails to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty twenty (3020) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty twenty (3020) day period; provided, however, that where such failure could not reasonably be cured within the thirty twenty (3020) day period, that Tenant shall not be in default if it if commences such performance within the thirty twenty (3020) day period and diligently thereafter prosecutes the same to completion; or;
24.1.3 (iii) If Tenant assigns its assets for the benefit of its creditors;
(iv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier;
(v) If Tenant abandons the Premises; or
24.1.4 (vi) If a court shall make makes or enter enters any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days. Any notice provided by Landlord pursuant to Paragraph 25.A.(i) or Paragraph 25.A.(ii) above shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure regarding unlawful detainer actions provided that such notice satisfies the requirements of that section.
Appears in 1 contract
Samples: Lease (C Cube Microsystems Inc)
Tenant’s Default. A default under this Lease by Tenant shall exist if The occurrence of any one or more of the following events shall occurconstitute a default and breach of this Lease by Tenant:
24.1.1 If a. The failure by Tenant fails to pay make any payment of Rent or any other sum payment required to be paid hereunder within five (5) days from the date the same is due and payable;
b. Tenant abandons the Premises for a continuous period of its due date; orat least thirty (30) days;
24.1.2 If c. The failure of Tenant shall have failed to observe, perform or comply with any term, covenant of the conditions or condition provisions of this Lease except those requiring the payment for a period, unless a longer period is otherwise provided herein, of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlordnotice, where or if such breach could reasonably default cannot be cured within that time, then such additional time as may be reasonably necessary if within such thirty (30) day perioddays Tenant has commenced and is diligently pursuing such activities as are necessary to cure the default; providedand
d. Tenant becomes the subject of any bankruptcy, howeverreorganization or insolvency proceeding, that where such failure could not reasonably be cured within whether voluntary or involuntary, and, in the thirty (30) day periodcase of an involuntary bankruptcy proceeding, that Tenant shall not be in default it if commences such performance within the thirty (30) day period and diligently thereafter prosecutes fails to cause the same to completion; or
24.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 If a court shall make or enter any decree or order other than under the bankruptcy laws be dismissed within sixty (60) days following that date of the United states adjudging filing of such bankruptcy. Any notice from Landlord to Tenant described in this Section 19 shall, in the sole discretion of Landlord, constitute a three (3) day notice pursuant to be insolvent; California Code of Civil Procedure section 1161 or approving any successor statute. With respect to any "default" by Tenant referenced in this Lease, the term "default" as properly filed a petition seeking reorganization used in such context shall mean any of Tenant; or directing the winding up or liquidation events described in subsections (a), (b) and/or (c) of Tenant and such decree or order shall have continued for a period of thirty (30) daysthis Section 19.
Appears in 1 contract
Samples: Lease Agreement (Avanex Corp)
Tenant’s Default. A default under this Lease by Tenant shall exist if The occurrence or existence of any one or more of the following events shall occur:
24.1.1 If constitute an “Event of Default” (or, collectively, “Events of Default”) by Tenant fails under this Lease: (i) if Tenant shall have failed to pay Rent Base Rent, Tenant’s Percentage Share of Taxes, or any other sum required to be paid hereunder within five (5) days of its due dateafter written notice that such amount is unpaid; or
24.1.2 If (ii) if Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such the breach within thirty (30) days after written notice from Landlord, where such Landlord if the breach could reasonably be cured within such the thirty (30) day period; provided, however, that where if the nature of Tenant’s obligation is such failure could not reasonably be cured within the that more than thirty (30) day perioddays are required for its performance, that then Tenant shall not be deemed to be in default it if commences Tenant shall commence the performance of such performance obligation within the thirty (30) day period and thereafter shall diligently thereafter prosecutes prosecute the same to completion; or
24.1.3 If (iii) the interest of Tenant assigns its assets for the benefit in this Lease is levied upon under execution or other legal process; or (iv) a petition is filed by or against Tenant to declare Tenant bankrupt or seeking a plan of its creditors; or
24.1.4 If a court shall make reorganization or enter arrangement under any decree or order other than under the bankruptcy laws Chapter of the United states adjudging Tenant Bankruptcy Code, or any amendment, replacement or substitution therefor, or to be insolvent; delay payment of, reduce or approving as properly filed a petition seeking reorganization modify Tenant’s debts, which in the case of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of an involuntary action is not discharged within thirty (30) days.
Appears in 1 contract
Samples: Stock Purchase Agreement (Simpson Manufacturing Co Inc /Ca/)
Tenant’s Default. A default under this Lease by Tenant shall exist if The occurrence of any of the following events shall occurconstitute a default by Tenant:
24.1.1 If Tenant fails 17.1.1. Failure to pay Rent or any other sum required to be paid hereunder rent within five business (5) days after it is due and after Tenant receives written notice of its due datenon-payment from Landlord.
17.1.2. The filing of a petition by or against Tenant (the term “Tenant” shall include, for the purpose of this Section 17.1.2, any guarantor of Tenant’s obligations hereunder) (i) in any bankruptcy or other insolvency proceeding; or(ii) seeking any relief under any state or federal debtor relief law; (iii) for the appointment of a liquidator or receiver for all or substantially all of Tenant’s property or for Tenant’s interest in this Lease; or (iv) for the reorganization or modification of Tenant’s capital structure; however, if such a petition is filed against Tenant, then such filing shall not be a default unless Tenant fails to have the proceedings initiated by such petition dismissed within 90 days after the filing thereof.
24.1.2 If 17.1.3. Tenant shall have failed abandons or vacates the Premises or any substantial portion thereof.
17.1.4. The failure of Tenant to perform any term, covenant or condition provision of this Lease except those requiring Lease, other than the payment of moneyrent, and Tenant shall have failed if the failure to cure such breach perform is not cured within thirty (30) days after written notice from Landlord, where such breach could reasonably be cured within such thirty (30) day periodhas been given by Landlord to Tenant; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default it if the default cannot reasonably be cured within thirty (30) days and Tenant commences to cure within such performance within the thirty (30) day period and diligently thereafter prosecutes and in good faith continues to cure the same to completion; or
24.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 If a court default but in no event shall make or enter any decree or order other than under the bankruptcy laws of the United states adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a cure period of thirty extend beyond ninety (3090) days, otherwise it will be deemed as a non-monetary default.
Appears in 1 contract
Samples: Lease Agreement (Tvi Corp)
Tenant’s Default. A default under At the option of Landlord, a material breach of this Lease by Tenant shall exist if any of the following events (severally, "Event of Default"; collectively, "Events of Default") shall occur:
24.1.1 If : (i) if Tenant fails shall have failed to pay Rent Rent, including Tenant's Percentage Share of increased Operating Costs, or any other sum required rexxxxxx to be paid hereunder within five when due, together with interest at the Interest Rate, from the date the amount became due through the date of payment, inclusive, where such failure to pay continues for ten (510) days after written notice to Tenant of its due datesuch default, provided that Landlord shall not be required to provide such notice and right to cure more than once in any twelve-month period during the Term; or
24.1.2 If (ii) if Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such the breach within thirty (30) days after written notice from Landlord, where such Landlord if the breach could reasonably be cured within such the thirty (30) day period; provided, however, that where such if the failure could not reasonably be cured within the thirty (30) day period, that then Tenant shall not be in default unless it has failed to promptly commence and thereafter continue to make diligent and reasonable efforts to cure the failure as soon as practicable as reasonably determined by Landlord; (iii) if commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 If Tenant assigns shall have assigned its assets for the benefit of its creditors; or
24.1.4 If a court shall make (iv) if the sequestration of, attachment of, or enter execution on, any decree or order other than under the bankruptcy laws material part of the United states adjudging property of Tenant or on any property essential to be insolvent; or approving as properly filed a petition seeking reorganization the conduct of Tenant; or directing the winding up or liquidation of Tenant and such decree or order 's business shall have continued for occurred, and Tenant shall have failed to obtain a period return or release of the property within thirty (30) days.days thereafter, or prior to sale pursuant to any sequestration, attachment or levy, whichever is earlier; (v) if Tenant shall have abandoned the Premises;
Appears in 1 contract
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occuroccurs:
24.1.1 (i) If Tenant fails to pay Rent or any other sum required to be paid hereunder within five ten (510) days of its due dateafter the date such Rent or other sum is due; or
24.1.2 (ii) If Tenant shall have failed fails to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed fails to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) -day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) -day period, that Tenant shall not be in default if it if commences such performance within the thirty (30) -day period and diligently thereafter prosecutes the same to completion; or
24.1.3 (iii) If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 (iv) If the sequestration or attachment of or execution on any material part of Tenant's Personal Property essential to the conduct of Tenant's business occurs, and Tenant fails to obtain a return or release of such Personal Property within thirty (30) days thereafter, or prior to sale pursuant to such sequestration, attachment or levy, whichever is earlier; or
(v) If Tenant abandons the Premises; or
(vi) If a court shall make makes or enter enters any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty sixty (3060) days.
Appears in 1 contract
Samples: Lease (Ampex Corp /De/)
Tenant’s Default. A default under this Lease by Tenant shall exist if any of the following events shall occur:
24.1.1 25.1.1 If Tenant fails to pay Rent or any other sum required to be paid hereunder within five seven (57) days after written notice from Landlord; provided, however, that such notice shall be in lieu of, and not in addition to, any notice required pursuant to Section 1161 of its due datethe California Code of Civil Procedure regarding unlawful detainer actions; or
24.1.2 25.1.2 If Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such breach within thirty (30) days after written notice from Landlord, Landlord where such breach could reasonably be cured within such thirty (30) day period; provided, however, that where such failure could not reasonably be cured within the thirty (30) day period, that Tenant shall not be in default if it if commences undertakes commercially reasonable measure to cure such non-performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 25.1.3 If Tenant assigns its assets for the benefit of its creditors; or
24.1.4 25.1.4 If a court shall make or enter any decree or order other than under the bankruptcy laws of the United states States adjudging Tenant to be insolvent; or approving as properly filed a petition seeking reorganization of Tenant; or directing the winding up or liquidation of Tenant and such decree or order shall have continued for a period of thirty (30) days.
Appears in 1 contract
Samples: Standard Single Tenant Lease Triple Net (Media Arts Group Inc)
Tenant’s Default. A default under material breach of this Lease by Tenant shall exist if any of the following events (severally, “Event of Default”; collectively, “Events of Default”) shall occur:
24.1.1 If : (i) if Tenant fails shall have failed to pay Rent Base Rent, Tenant’s Percentage Share of increased Operating Expenses, or any other sum required to be paid hereunder within when due, including any interest due under Section 3, and such failure shall continue for five (5) days after written notice thereof from Landlord, except that Landlord shall only be required to give two (2) such notices in any calendar year, and thereafter any such failure by Tenant shall constitute an Event of its due dateDefault without the requirement of notice from Landlord; or
24.1.2 If (ii) if Tenant shall have failed to perform any term, covenant or condition of this Lease except those requiring the payment of money, and Tenant shall have failed to cure such the breach within thirty (30) days after written notice from Landlord, where such Landlord if the breach could reasonably be cured within such the thirty (30) day period; provided, however, that where such if the failure could not reasonably be cured within the thirty (30) day period, that then Tenant shall not be in default unless it has failed to promptly commence and thereafter continue to make diligent and reasonable efforts to cure the failure as soon as practicable as reasonably determined by Landlord; (iii) if commences such performance within the thirty (30) day period and diligently thereafter prosecutes the same to completion; or
24.1.3 If Tenant assigns shall have assigned its assets for the benefit of its creditors; or
24.1.4 If a court shall make (iv) if the sequestration of, attachment of, or enter execution on, any decree or order other than under the bankruptcy laws material part of the United states adjudging property of Tenant or on any property essential to be insolvent; or approving as properly filed a petition seeking reorganization the conduct of Tenant; or directing the winding up or liquidation of Tenant and such decree or order ’s business shall have continued for occurred, and Tenant shall have failed to obtain a period of thirty (30) days.return or release of
Appears in 1 contract
Samples: Sublease Agreement (Thermage Inc)