Common use of TENANT’S DEFAULTS Clause in Contracts

TENANT’S DEFAULTS. Each of the following events shall be an "Event of Default" hereunder: Tenant fails to pay when due any installment of Rent and such default shall continue for 5 days after notice of such default is given to Tenant, except that if Landlord shall have given 2 such notices during any calendar year of the Term, Tenant shall not be entitled to any further notice of its delinquency in the payment of any installment of rent until the expiration of such calendar year without Tenant having defaulted in any such payment; or Tenant fails to observe or perform any other term, covenant or condition of this Lease and such failure continues for more than 30 days (10 days with respect to a default under Article 3) after notice by Landlord to Tenant of such default, or if such default (other than a default under Article 3) is of a nature that it cannot be completely remedied within 30 days, failure by Tenant to commence to remedy such failure within said 30 days, and thereafter diligently prosecute to completion all steps necessary to remedy such default, provided in all events the same is completed within 90 days; or if Landlord applies or retains any part of the Security Deposit, and Tenant fails to deposit with Landlord the amount so applied or retained by Landlord, or to provide Landlord with a replacement Letter of Credit (as hereinafter defined), if applicable, within 5 days after notice by Landlord to Tenant stating the amount applied or retained.

TENANT’S DEFAULTS. Each of the following events shall be an "Event of Default" hereunder: : (a) Tenant fails to pay when due any installment of Rent and such default shall continue for 5 days after notice of such default is given to Tenant, except that if Landlord shall have given 2 such notices during any calendar year of the Term, Tenant shall not be entitled to any further notice of its delinquency in the payment of any installment of rent until the expiration of such calendar year without Tenant having defaulted in any such payment; or or (b) Tenant fails to observe or perform any other term, covenant or condition of this Lease and such failure continues for more than 30 days (10 days with respect to a default under Article 3) after notice by Landlord to Tenant of such default, or if such default (other than a default under Article 3) is of a nature that it cannot be completely remedied within 30 days, failure by Tenant to commence to remedy such failure within said 30 days, and thereafter diligently prosecute to completion all steps necessary to remedy such default, provided in all events the same is completed within 90 days; or or (c) if Landlord applies or retains any part of the Security Deposit, and Tenant fails to deposit with Landlord the amount so applied or retained by Landlord, or to provide Landlord with a replacement Letter of Credit (as hereinafter defined), if applicable, within 5 days after notice by Landlord to Tenant stating the amount applied or retained.

TENANT’S DEFAULTS. Each of the following events shall be an "Event of Default" hereunder: : (a) Tenant fails to pay when due any installment of Rent and such default shall continue for 5 days after notice of such default is given to Tenant, except (provided that if Landlord shall have given 2 such notices during any calendar year of the Term, Tenant shall not be entitled to any further a grace period before such failure to pay shall constitute an Event of Default of five (5) Business Days after written notice of its delinquency in by Landlord to Tenant that such amount is past due for the first two (2) late payment of Rent during any installment of rent until the expiration of such calendar year without Tenant having defaulted twelve (12) month period); or (b) Except as otherwise specifically set forth in any such payment; or this Section 15.1, Tenant fails to observe or perform any other term, covenant or condition of this Lease and such failure continues for more than 30 thirty (30) days (10 days or three (3) Business Days with respect to a default failure under Article 3, Article 9 or Section 26.10) after notice by Landlord to Tenant of such default, or if such default (other than a default under Article 3, Article 9 or Section 26.10) is of a nature that it cannot be completely remedied within 30 thirty (30) days, failure by Tenant to commence to remedy such failure within said 30 thirty (30) days, and thereafter diligently prosecute to completion all steps necessary to remedy such default, provided in all events the same is completed within 90 ninety (90) days; or 789956.06/WLA 377061-00006/sb/sb Arboretum Courtyard [Catasys, Inc.] (c) if Landlord applies or retains any part of the Security Depositsecurity held by it hereunder, and Tenant fails to deposit with Landlord the amount so applied or retained by Landlord, or to provide if Landlord with a replacement draws on any Letter of Credit (as hereinafter defined), if applicablein part or in whole, and Tenant fails to provide Landlord with a replacement Letter of Credit, within 5 five (5) days after notice by Landlord to Tenant stating the amount applied applied, retained or retaineddrawn, as applicable; or (d) Tenant files a voluntary petition in bankruptcy or insolvency, or is adjudicated a bankrupt or insolvent, or files any petition or answer seeking any reorganization, liquidation, dissolution or similar relief under any present or future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or makes an assignment for the benefit of creditors or seeks or consents to or acquiesces in the appointment of any trustee, receiver, liquidator or other similar official for Tenant or for all or any part of Tenant's property; or (e) A court of competent jurisdiction shall enter an order, judgment or decree adjudicating Tenant bankrupt, or appointing a trustee, receiver or liquidator of Tenant, or of the whole or any substantial part of its property, without the consent of Tenant, or approving a petition filed against Tenant seeking reorganization or arrangement of Tenant under the bankruptcy laws of the United States, as now in effect or hereafter amended, or any state thereof, and such order, judgment or decree shall not be vacated or set aside or stayed within sixty (60) days from the date of entry thereof. The notice periods provided herein are in lieu of, and not in addition to, any notice periods provided by applicable Requirements.

TENANT’S DEFAULTS. Each If Tenant (i) defaults in the payment of the following events shall be an "Event of Default" hereunder: Tenant Basic Rent or any additional rent or sum herein reserved and fails to pay when due any installment cure the default within ten (10) days from the date of Rent and such default shall continue for 5 days after receipt of written notice of such default is given or (ii) abandons the Premises, or (iii) if Tenant fails to Tenant, except that if Landlord shall have given 2 such notices during comply with any calendar year of the Termother covenants or conditions of this Lease and fails to cure such default within thirty (30) days after the receipt of written notice of such default specifying the default (provided, however, if the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then Tenant shall not be entitled in default, provided Tenant commences to any further notice of its delinquency in the payment of any installment of rent until cure such default within said thirty day period and diligently proceeds to completion) then at the expiration of such calendar year without Tenant having defaulted in any such payment; said ten (10) days or Tenant fails to observe or perform any other termsaid thirty (30) days, covenant or condition of as the case may be, Landlord may (a) cancel and terminate this Lease and such failure continues for more than 30 days upon ten (10 days with respect to a default under Article 310) after days' written notice by Landlord to Tenant of such default, or if such default (other than a default under Article 3) is of a nature that it cannot be completely remedied within 30 days, failure by Tenant to commence to remedy such failure within said 30 days, whereupon the Term shall terminate and thereafter diligently prosecute to completion all steps necessary to remedy such default, provided in all events the same is completed within 90 days; or if Landlord applies or retains any part of the Security Depositexpire, and Tenant fails shall then quit and surrender the Premises to deposit with Landlord the amount so applied or retained by Landlord, or to provide Landlord with a replacement Letter of Credit (but Tenant shall remain liable as hereinafter defined), provided) and/or (b) at any time thereafter re-enter and resume possession of the Premises as if applicable, within 5 days after notice by Landlord to Tenant stating the amount applied or retainedthis Lease had not been made.

TENANT’S DEFAULTS. Each The occurrence of any of the following events shall be constitute an "event of default (“Event of Default" hereunder: ”) under this Lease: 18.1.1 If Tenant fails shall fail to pay when due any installment of Rent and such default shall continue for 5 days after notice of such default is given to Tenant, except that if Landlord shall have given 2 such notices during any calendar year of the Term, Tenant shall not be entitled to any further notice of its delinquency in the payment of any installment of rent until the expiration of such calendar year without Tenant having defaulted in any such payment; or Tenant fails to observe or perform any other term, covenant financial obligation hereunder to Landlord or condition a third party when the same is due and payable under the terms of this Lease and such failure continues shall continue for more than 30 a period of ten (10) days after due, or 18.1.2 The Tenant shall fail to perform any other duty or obligation imposed upon it by this Lease and such failure shall continue for a period of thirty (10 30) days with respect to a default under Article 3) after written notice by Landlord thereof has been given to Tenant of such defaultby Landlord, or if unless such default (other than a default under Article 3) is of a nature that it cannot be completely reasonably remedied within 30 daysthirty (30) days after receipt of Landlord’s notice, failure by in which event Tenant to commence to remedy shall have such failure within said 30 days, and thereafter diligently prosecute to completion all steps additional time as may be reasonably necessary to remedy such default, provided in all events the same is completed within 90 days; or if Landlord applies or retains any part of the Security Deposit, and or 18.1.3 The Tenant fails to deposit with Landlord the amount so applied or retained by Landlordshall be adjudged bankrupt, or shall make a general assignment for the benefit of its creditors, or 18.1.4 A receiver of any property of Tenant in or upon the Leased Premises is appointed in any action, suit, or proceeding by or against Tenant and such appointment shall not be vacated or annulled within ninety (90) days, or 18.1.5 The interest of Tenant in the Leased Premises shall be sold under execution or other legal process, or 18.1.6 Tenant shall fail to provide Landlord with a replacement Letter of Credit assume or reject this Lease within thirty (as hereinafter defined), if applicable, within 5 30) days after notice by Landlord to Tenant stating the amount applied or retained.an order for bankruptcy relief has been entered against Tenant, or

TENANT’S DEFAULTS. Each of the following events shall be an "“Event of Default" ” hereunder: : (a) Tenant fails to pay when due any installment of Fixed Rent or Additional Rent and such default shall continue continues for 5 five (5) days after Landlord’s notice of such default is given to Tenant; provided, except however, that if Landlord Tenant shall default in the timely payment of Fixed Rent or Additional Rent more than three times in any period of twelve (12) months, with notice thereof in each instance, then, notwithstanding that such defaults shall have given 2 such notices during any calendar year of each been cured within the Termapplicable period provided above, Tenant shall not be entitled to upon any further default in the timely payment of Fixed Rent or Additional Rent within such twelve (12) month period, Landlord may serve a three (3) days= notice of its delinquency termination upon Tenant without affording Tenant an opportunity to cure such further default; or (b) Tenant defaults in observing or performing the payment provisions of any installment of rent until the expiration of such calendar year without Tenant having defaulted in any such payment; or Tenant fails to observe or perform any other termSection 3.1(a), covenant or condition of this Lease and such failure default continues for more than 30 days twenty-four (10 days with respect to a default under Article 324) hours after notice by Landlord to Tenant of such defaultnotice; provided, or however, that if such default (other than a default under Article 3) is by Tenant consists solely of a nature that violation of the prohibitions and restrictions respecting the use or occupancy of the Premises set forth in clauses (i) through (vi), inclusive, of the first sentence of the definition of “Prohibited Use” as set forth in Exhibit B to this Lease, then it cannot shall be completely remedied within 30 days, failure by Tenant to commence to remedy an Event of Default if such failure within said 30 days, and thereafter diligently prosecute to completion all steps necessary to remedy such default, provided in all events the same is completed within 90 daysdefault or violation continues for seventy-two (72) hours after notice; or or (c) if Landlord applies or retains any part of the Security Deposit, and Tenant fails to deposit with Landlord the amount so applied or retained by Landlord, or to provide Landlord with a replacement Letter of Credit (as hereinafter defineddefined in Section 34.2), if applicable, within 5 days five (5) Business Days after notice by Landlord to Tenant stating the amount applied or retained; or (d) Tenant defaults in the observance or performance of any other term, covenant or condition of this Lease to be observed or performed by Tenant (other than a default of the type described in Sections 19.1(a), (b), (c), (e), (f), (g), (h) or (i)) and such default continues for more than twenty (20) days after notice by Landlord to Tenant of such default; or if such default is of such a nature that it can be remedied but cannot be completely remedied within twenty (20) days, Tenant fails to commence to remedy such default within twenty (20) days after such notice; or, with respect to any such default, Tenant, having commenced such remedy within twenty (20) days after such notice, fails to diligently prosecute to completion all steps necessary to remedy such default, or Tenant fails to complete such remedy within sixty (60) days; or (e) Tenant defaults in the observance or performance of any term, covenant, or condition on Tenant’s part to be observed or performed under any other lease with Landlord or Landlord’s predecessor-in-interest for space in the Building, and such default shall continue beyond any grace period set forth in such other lease for the remedying of such default; or (f) Tenant’s interest in this Lease shall devolve upon or pass to any Person, whether by operation of law or otherwise, except as expressly permitted under Article 16 hereof; or (g) Tenant is unable to, or admits in writing its inability to, pay its debts as they become due; or (h) Tenant files a voluntary petition in bankruptcy or insolvency, or is adjudicated a bankrupt or insolvent, or files any petition or answer seeking any reorganization, liquidation, dissolution or similar relief under any present or future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, or makes an assignment for the benefit of creditors or seeks or consents to or acquiesces in the appointment of any trustee, receiver, liquidator or other similar official for Tenant or for all or any part of Tenant’s property; or (i) if, within sixty (60) days after the commencement of any proceeding against Tenant, whether by the filing of a petition or otherwise, seeking bankruptcy, insolvency, reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy act or any other present or future applicable federal, state or other statute or law, such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment of any trustee, receiver, liquidator or other similar official for Tenant, or for all or any part of Tenant’s property, without the consent or acquiescence of Tenant, such appointment shall not have been vacated or otherwise discharged, or if any lien, execution or attachment or other similar filing shall be made or issued against Tenant or any of Tenant’s property pursuant to which the Premises shall be taken or occupied or attempted to be taken or occupied by someone other than Tenant. Upon the occurrence of any one or more of such Events of Default, Landlord may, at its sole option, give to Tenant three (3) days’ notice of cancellation of this Lease, in which event this Lease and the Term shall come to an end and expire (whether or not the Term shall have commenced) upon the expiration of such three (3) day period with the same force and effect as if the date set forth in the notice was the Expiration Date stated herein; and Tenant shall then quit and surrender the Premises to Landlord, but Tenant shall remain liable for damages as provided in Article 20 hereof.