Common use of Tenant’s Event of Default Clause in Contracts

Tenant’s Event of Default. Each of the following events is an “Event of Default” if it is not cured within a period of thirty (30) days after written notice thereof from Landlord to Tenant or the event is of a nature that it cannot be completely cured within thirty (30) calendar days of such notice with the exercise of due diligence, and Tenant fails to timely commence the cure or fails to complete it with reasonable diligence and good faith: (a) whether by operation of law or otherwise, by selling, assigning or transferring or in any way disposing of this Lease or of the interest of Tenant hereunder except as provided in this Lease. (b) Tenant fails to perform its obligations to diligently prosecute construction of the Improvements. (c) Tenant vacates or abandons the Premises. (d) appointment of a receiver to take possession of all or substantially all of the assets of Xxxxxx. (e) general assignment by Xxxxxx for the benefit of creditors. (f) any action taken or suffered by Tenant under any insolvency or bankruptcy act. (g) Tenant’s failure to maintain in force all insurance coverage required by this Lease or Tenant’s failure to deposit evidence of insurance with Landlord as required by this Lease. (h) Tenant’s failure to comply (i) with any material provision of this Lease, except for payment obligations, or (ii) with any applicable local, county, state or federal law, rules or regulations affecting the Premises; or (i) Tenant remaining in possession of the Premises after expiration or sooner termination of this Lease without Xxxxxxxx’s consent. For events other than as described in the immediately preceding list, Tenant shall be deemed in Default of this Lease if: (i) Tenant fails to perform or observe any covenant or condition of this Lease and if this failure continues for sixty (60) calendar days after written notice from Landlord to Tenant; (ii) this failure is of a nature that it cannot be completely cured within sixty

Tenant’s Event of Default. Each of the following events is shall be an event of default (“Event of Default” ”) hereunder: (A) if Tenant shall fail to pay any installment of Base Rent, Additional Rent or any other payment due under this Lease, which failure shall continue for more than 10 days after notice from Landlord that the same is due; however, an Event of Default shall occur hereunder without any obligation of Landlord to give any notice if Landlord has given Tenant written notice under this Section 10.1 on more than two (2) occasions during the twelve (12) month interval preceding such failure by Tenant; (B) if Tenant or any guarantor or surety of Tenant’s obligations hereunder shall (i) make a general assignment for the benefit of creditors; (ii) commence any proceeding for relief, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property; (iii) become the subject of any such proceeding which is not cured dismissed within sixty (60) days after its filing or entry; or (iv) die or suffer a period 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); (C) Tenant shall fail to discharge or bond over any lien placed upon the Premises in violation of this Lease within thirty (30) days after written notice thereof from Landlord to Tenant any such lien or the event encumbrance is of a nature that it cannot be completely cured within thirty (30) calendar days of such notice with the exercise of due diligence, and Tenant fails to timely commence the cure or fails to complete it with reasonable diligence and good faith: (a) whether by operation of law or otherwise, by selling, assigning or transferring or in any way disposing of this Lease or of the interest of Tenant hereunder except as provided in this Lease. (b) Tenant fails to perform its obligations to diligently prosecute construction of the Improvements. (c) Tenant vacates or abandons filed against the Premises. ; (dD) appointment of a receiver to take possession of all or substantially all of the assets of Xxxxxx. (e) general assignment by Xxxxxx for the benefit of creditors. (f) any action taken or suffered by if Tenant under any insolvency or bankruptcy act. (g) Tenant’s failure to maintain in force all insurance coverage required by this Lease or Tenant’s failure to deposit evidence of insurance with Landlord as required by this Lease. (h) Tenant’s failure shall fail to comply (i) with CONFIDENTIAL TREATMENT REQUESTED UNDER C.F.R. SECTIONS 200.80(b)(4), 200.83 AND 230.406. [****] INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION. any material provision of this Lease, other than those specifically referred to hereinabove and, except as otherwise expressly provided therein, such default shall continue for payment obligationsmore than thirty (30) days after Landlord shall have given Tenant written notice of such default, or such longer period (iibut not to exceed ninety (90) with any applicable localdays) if such default cannot be reasonably cured within such thirty (30) day period, county, state or federal law, rules or regulations affecting provided that Tenant diligently commences the Premisescure within the thirty (30) day period and diligently prosecutes such cure to completion; or (iE) Tenant remaining in possession of the Premises after expiration or sooner termination of this Lease without Xxxxxxxx’s consent. For events other than as described in the immediately preceding list, Tenant shall be deemed in Default of this Lease if: (i) if Tenant fails to perform execute, acknowledge and deliver any instrument that it is required for delivery pursuant to Sections 7.9 or observe 7.10, within the time periods respectively set forth therein, time being of the essence; and (E) if any covenant material representation or condition of warranty made by Tenant under this Lease and if this failure continues for sixty (60) calendar days after written notice from Landlord shall prove to Tenant; (ii) this failure is of a nature that it cannot be completely cured within sixtyeither untrue or misleading in any material respect.

Tenant’s Event of Default. Each of the following events is shall be an event of default (“Event of Default” ”) hereunder: (A) if Tenant shall fail to pay any installment of Base Rent, Additional Rent or any other payment due under this Lease, which failure shall continue for more than 10 days after notice from Landlord that the same is due; however, an Event of Default shall occur hereunder without any obligation of Landlord to give any notice if Landlord has given Tenant written notice under this Section 10.1 on more than two (2) occasions during the twelve (12) month interval preceding such failure by Tenant; (B) if Tenant or any guarantor or surety of Tenant’s obligations hereunder shall (i) make a general assignment for the benefit of creditors; (ii) commence any proceeding for relief, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property; (iii) become the subject of any such proceeding which is not cured dismissed within sixty (60) days after its filing or entry; or (iv) die or suffer a period 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); (C) Tenant shall fail to discharge or bond over any lien placed upon the Premises in violation of this Lease within thirty (30) days after written notice thereof from Landlord to Tenant any such lien or the event encumbrance is of a nature that it cannot be completely cured within thirty (30) calendar days of such notice with the exercise of due diligence, and Tenant fails to timely commence the cure or fails to complete it with reasonable diligence and good faith: (a) whether by operation of law or otherwise, by selling, assigning or transferring or in any way disposing of this Lease or of the interest of Tenant hereunder except as provided in this Lease. (b) Tenant fails to perform its obligations to diligently prosecute construction of the Improvements. (c) Tenant vacates or abandons filed against the Premises. ; (dD) appointment of a receiver to take possession of all or substantially all of the assets of Xxxxxx. (e) general assignment by Xxxxxx for the benefit of creditors. (f) any action taken or suffered by if Tenant under any insolvency or bankruptcy act. (g) Tenant’s failure to maintain in force all insurance coverage required by this Lease or Tenant’s failure to deposit evidence of insurance with Landlord as required by this Lease. (h) Tenant’s failure shall fail to comply (i) with any material provision of this Lease, other than those specifically referred to hereinabove and, except as otherwise expressly provided therein, such default shall continue for payment obligationsmore than thirty (30) days after Landlord shall have given Tenant written notice of such default, or such longer period (iibut not to exceed ninety (90) with any applicable localdays) if such default cannot be reasonably cured within such thirty (30) day period, county, state or federal law, rules or regulations affecting provided that Tenant diligently commences the Premisescure within the thirty (30) day period and diligently prosecutes such cure to completion; or (iE) Tenant remaining in possession of the Premises after expiration or sooner termination of this Lease without Xxxxxxxx’s consent. For events other than as described in the immediately preceding list, Tenant shall be deemed in Default of this Lease if: (i) if Tenant fails to perform execute, acknowledge and deliver any instrument that it is required for delivery pursuant to Sections 7.9 or observe 7.10, within the time periods respectively set forth therein, time being of the essence; and (E) if any covenant material representation or condition of warranty made by Tenant under this Lease and if this failure continues for sixty (60) calendar days after written notice from Landlord shall prove to Tenant; (ii) this failure is of a nature that it cannot be completely cured within sixtyeither untrue or misleading in any material respect.

Tenant’s Event of Default. Each of the following events is shall be deemed an event of default and a breach of this Lease by Tenant (an “Event of Default” if it is not cured within a period ”): (a) The failure of Tenant to pay (i) any portion of any installment of Base Rent due from Tenant under this Lease for seven (7) days after written notice by Landlord to Tenant describing such default or (ii) any portion of any installment of Additional Rent due from Tenant to Landlord under this Lease for thirty (30) days after written notice thereof from by Landlord to Tenant describing such default; (b) Tenant makes or causes a Transfer in violation of Article 9 of this Lease that, unless such Transfer results in a Change of Control of Tenant prohibited by Article 9 (in which case no notice or cure period shall apply), continues for ten (10) days after written notice from Landlord; (c) The failure of Tenant to comply with or observe any of the event other provisions, agreements, conditions, covenants or terms contained in this Lease for thirty (30) days after written notice by Landlord to Tenant describing such default with reasonable specificity, or if such default is a non-monetary default and of such a nature that it cannot be completely cured remedied within said thirty (30) calendar days day period, the failure of such notice with the exercise of due diligence, and Tenant fails to timely commence the cure or fails of such default within such thirty (30) day period and thereafter diligently prosecutes such cure to complete it with reasonable diligence and good faith: (a) whether by operation of law or otherwise, by selling, assigning or transferring or in any way disposing of this Lease or of the interest of Tenant hereunder except as provided in this Lease. (b) Tenant fails to perform its obligations to diligently prosecute construction of the Improvements. (c) Tenant vacates or abandons the Premises.completion; (d) (i) Tenant or Guarantor shall commence any case, proceeding or other action (A) under any existing or future Legal Requirement relating to bankruptcy, insolvency, reorganization or relief of debtors, seeking to have an order for relief entered with respect to Tenant or Guarantor, or seeking to adjudicate Tenant or Guarantor bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution, composition or other relief with respect to Tenant or Guarantor or Tenant’s or Guarantor’s debts, or (B) seeking appointment of a receiver to take possession of receiver, trustee, custodian or other similar official for Tenant or Guarantor or for all or substantially any substantial part of their respective property; or (ii) Tenant or Guarantor shall become insolvent or make a general assignment for the benefit of their respective creditors or shall make a transfer in fraud of creditors; or (iii) there shall be commenced against Tenant or Guarantor any case, proceeding or other action of a nature referred to in clause (i) above (including involuntary bankruptcy) or seeking issuance of a warrant of attachment, execution, distraint or similar process against all or any substantial part of Tenant’s or Guarantor’s property, which case, proceeding or other action (A) results in the entry of an order for relief or (B) remains undismissed, undischarged or unbonded for a period of ninety (90) days; or (iv) Tenant or Guarantor shall take any action consenting to or approving of any of the assets of Xxxxxx.acts set forth in clause (i) or (ii) above that it does not revoke or withdraw within ninety (90) days thereof; or (v) Tenant or Guarantor shall admit in writing its inability to generally pay its debts as they become due; and (e) general assignment by Xxxxxx for the benefit of creditors. (f) any action taken Any representation or suffered warranty made by Tenant under herein or in any insolvency certificate, or bankruptcy act. (g) Tenant’s failure other instrument, agreement or document furnished to maintain Landlord shall have been materially false or misleading in force all insurance coverage required by this Lease or Tenant’s failure to deposit evidence of insurance with Landlord as required by this Lease. (h) Tenant’s failure to comply (i) with any material provision respect as of the date such representation or warranty was made and if susceptible to cure is not cured within the time periods set forth in clause (b) of this Lease, except for payment obligations, or (ii) with any applicable local, county, state or federal law, rules or regulations affecting the Premises; or (i) Tenant remaining in possession of the Premises after expiration or sooner termination of this Lease without Xxxxxxxx’s consent. For events other than as described in the immediately preceding list, Tenant shall be deemed in Default of this Lease if: (i) Tenant fails to perform or observe any covenant or condition of this Lease and if this failure continues for sixty (60) calendar days after written notice from Landlord to Tenant; (ii) this failure is of a nature that it cannot be completely cured within sixtySection 12.1.