Common use of Tenant’s Lease Default Clause in Contracts

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if a Default by Tenant under the Lease (including, without limitation, any default by Tenant under this Work Agreement) has occurred at any time on or before the Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to cause Contractor to cease the construction of the Tenant Improvements, and (ii) all other obligations of Landlord under the terms of this Work Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 3 contracts

Samples: Office Lease Agreement (Turo Inc.), Office Lease Agreement (Turo Inc.), Office Lease Agreement (Thimble Point Acquisition Corp.)

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Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter Agreement, if Tenant has received notice of a Default by Tenant monetary or material non-monetary default under the Lease or this Work Letter Agreement that then remains uncured (including, without limitation, any default failure by Tenant under this Work Agreement) has occurred at to fund in advance the costs for any time on or before the Substantial Completion of the Non-Conforming Tenant Improvements) occurs, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to cause Contractor to cease the cessation of construction of the Tenant ImprovementsImprovements (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the this Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 3 contracts

Samples: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if a Default any economic or material non-economic default by Tenant under the Lease or this Work Letter (including, without limitation, any default failure by Tenant under this Work Agreementto fund any portion of the Over-Allowance Amount) has occurred occurs at any time on or before the Substantial Completion substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Improvement Allowance and/or Landlord may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Improvements (in which case, Tenant Improvementsshall be responsible for any delay in the substantial completion of the Improvements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Agreement Letter shall be forgiven tolled until such time as such default is cured pursuant to the terms of the Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 2 contracts

Samples: Office Lease Agreement (Tableau Software Inc), Office Lease Agreement (Tableau Software Inc)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the this Lease, if a Default default by Tenant occurs under the Lease (includingLease, without limitation, any or a default by Tenant under this Work Agreement) Letter, has occurred at any time on or before the Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Allowance Amount and/or Landlord may cause Contractor to cease the construction of the Tenant ImprovementsImprovements (in which case, Tenant shall be responsible for any delay in or increase in the cost of the Substantial Completion of the Tenant Improvements caused by such work stoppage), and (ii) all other obligations of Landlord under the terms of this Work Agreement Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 1 contract

Samples: Office Lease (Midwest Banc Holdings Inc)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if a Default any default, beyond applicable notice and cure periods, by Tenant under the Lease (including, without limitation, any default by Tenant under or this Work Agreement) has occurred Letter occurs at any time on or before the Substantial Completion substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Landlord Contribution and/or Landlord may cause the Tenant’s Contractor to cease the construction of the Tenant ImprovementsImprovements (in which case, Tenant shall be responsible for any delay in the substantial completion of the Tenant Improvements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of this Work Agreement Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 1 contract

Samples: Lease (Proofpoint Inc)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if a Default any default by Tenant under the Lease (including, without limitation, any default by Tenant under or this Work Agreement) has occurred at Letter after the expiration of any time on or before applicable notice and cure periods set forth in the Substantial Completion of the Tenant ImprovementsLease occurs, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to cause Contractor to cease the cessation of construction of the Tenant ImprovementsImprovements until Tenant cures any such default (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Tenant Improvements and any costs occasioned thereby, as a Tenant Delay), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Agreement Letter shall be forgiven until such time as such default is cured pursuant to the terms of the this Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 1 contract

Samples: Office and R&d Lease (Aquantia Corp)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if a any Economic Default or Material Non-Economic Default by Tenant under the Lease (including, without limitation, any default by Tenant under or this Work Agreement) has occurred at any time on or before Letter occurs prior to the Substantial Completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to cause Contractor to cease the cessation of construction of the Improvements (in which case, Tenant Improvementsshall be responsible for any delay in the Substantial Completion of the Improvements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Agreement Letter shall be forgiven until such time as such default Economic Default or Material Non-Economic Default is cured pursuant to the terms of the this Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 1 contract

Samples: Lease Agreement (Heron Therapeutics, Inc. /De/)

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Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter, if a Default any default by Tenant under the Lease or this Work Letter (including, without limitation, any default failure by Tenant under this Work Agreementto fund any portion of the Over-Allowance Amount) has occurred occurs at any time on or before the Substantial Completion substantial completion of the Tenant Improvements, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Improvement Allowance and/or Landlord may, without any liability whatsoever, cause Contractor to cease the cessation of construction of the Improvements (in which case, Tenant Improvementsshall be responsible for any delay in the substantial completion of the Improvements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms TCCs of the Lease and this Work Agreement Letter shall be forgiven until such time as such default is cured pursuant to the terms TCCs of the Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 1 contract

Samples: Office Lease (Box Inc)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the LeaseLease or this Work Letter Agreement, if a Default any default by Tenant under the Lease or this Work Letter Agreement (including, without limitation, any default failure by Tenant under this Work Agreementto fund in advance the costs for any Non-Conforming Improvements) has occurred at any time on or before the Substantial Completion of the Tenant Improvementsoccurs, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to cause Contractor to cease the cessation of construction of the Improvements (in which case, Tenant Improvementsshall be responsible for any delay in the Substantial Completion of the Improvements and any costs occasioned thereby), and (ii) all other obligations of Landlord under the terms of the Lease and this Work Letter Agreement shall be forgiven until such time as such default is cured pursuant to the terms of the this Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 1 contract

Samples: Sublease Agreement (Acadia Pharmaceuticals Inc)

Tenant’s Lease Default. Notwithstanding any provision to the contrary contained in the Lease, if an event of default as described in Section 18.1 of this Lease, or a Default by Tenant under the Lease (including, without limitation, any default by Tenant under this Work Agreement) Construction Rider, has occurred at any time on or before the Substantial Completion of the Tenant ImprovementsPremises, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to withhold payment of all or any portion of the Tenant Improvement Allowance and/or Landlord may cause Contractor to cease the construction of the Premises (in which case, Tenant Improvementsshall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as set forth in Section 5.3 of this Construction Rider), and (ii) all other obligations of Landlord under the terms of this Work Agreement Construction Rider shall be forgiven until such time as such default is cured pursuant to the terms of the Lease. Any delay in the Substantial Completion of the Tenant Improvements caused by the exercise of Landlord’s rights pursuant to this Section shall be a Tenant Delay.

Appears in 1 contract

Samples: Office Space Lease (Mellanox Technologies, Ltd.)

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