Common use of The Condition Clause in Contracts

The Condition. This Lease is made on the condition that if any default by Tenant continues, in case of payment of Rent or other monetary payments due hereunder for more than seven (7) business days after written notice thereof to Tenant (provided, however, that Tenant shall be entitled to only two (2) such notices during each calendar year and if, subsequently in any such calendar year, Tenant does not make a payment of Rent within seven (7) business days of such payment being due, Landlord shall have all the rights set forth herein without the need of any notice), or in the case of a non-monetary default for more than thirty (30) days after written notice thereof to Tenant (provided, however, that if such default is susceptible of being cured but such cure cannot be accomplished with reasonable diligence within said period of time and if Tenant commences to cure such default promptly after receipt of notice thereof from Landlord and thereafter prosecutes the curing of such default with reasonable diligence, such period of time shall be extended for such additional time as may be necessary to cure such default with reasonable diligence, but not to exceed an additional thirty (30) days); or if Tenant becomes insolvent, makes any assignment for the benefit of creditors, commits any act of bankruptcy or files a petition under any bankruptcy or insolvency law; or if such a petition filed against Tenant is not dismissed within thirty (30) days; or if a receiver or similar officer becomes entitled to Tenant’s interest in this Lease and it is not returned to Tenant within thirty (30) days; or if Tenant’s interest in this Lease is taken on execution or other process of law in any action against Tenant; or if Tenant fails to obtain any insurance required to be maintained by Tenant pursuant to this Lease or any such insurance shall be cancelled or terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease; of if Tenant shall fail to occupy or shall vacate the Leased Premises or shall fail to continuously operate its business at the Leased Premises for the Permitted Use set forth herein, whether or not Tenant is in monetary or other default under this Lease; or if Tenant shall fail to execute any instrument of subordination or attornment or any estoppel certificate within the time periods set forth in Sections 7.10 and 7.11 respectively following Landlord’s request for the same, then Landlord may immediately or at any time thereafter and without demand or further notice make entry and repossess the Leased Premises as of Landlord’s former estate, without prejudice to any other remedies, and thereupon this Lease shall terminate; and in case of such termination, or termination by legal proceedings for default, Landlord may remove all of Tenant’s property from the Leased Premises and store the same in any public warehouse or other suitable location all at the expense and risk of Tenant, and Tenant shall indemnify Landlord during the remaining period before this Lease would otherwise expire against all loss or damage suffered by reason of the termination, the loss or damage, if any, for each lease month to be paid at the end thereof, or as otherwise herein provided.

The Condition. This Lease is made on the condition that if If any default by Tenant continues, in case of payment of ------------- Rent or other monetary payments due hereunder for more than seven five (75) business days after written notice thereof to Tenant (provided, however, that Tenant shall be entitled to only two (2) such notices during each calendar year and if, subsequently in if any such calendar year, Tenant does not make a subsequent default of payment of Rent within seven or other monetary payment continues for more than five (75) business days of such payment being duedays, Landlord shall have all the rights set forth herein without the need of any notice), or in the case of a non-monetary default for more than thirty (30) days after written notice thereof to Tenant (provided, however, that if such default is susceptible of being cured but such cure cannot be accomplished with reasonable diligence within said period of time and if Tenant commences to cure such default promptly after receipt of notice thereof from Landlord and thereafter prosecutes the curing of such default with reasonable diligence, such period of time shall be extended for such additional time time, if any, as may be is reasonably necessary to cure the default provided Tenant has commenced cure within such default with reasonable diligence, but not to exceed an additional thirty (30) days)day period and is diligently prosecuting such cure to completion; or if Tenant becomes insolvent, makes any assignment for the benefit of creditors, commits any act of bankruptcy or files a petition under any bankruptcy or insolvency law; or if such a petition filed against Tenant is not dismissed within thirty ninety (3090) days; or if a receiver or similar officer becomes entitled to Tenant’s 's interest in this Lease and it is not returned to Tenant within thirty ninety (3090) days; or if Tenant’s 's interest in this Lease is taken on execution or other process of law in any action against Tenant; or if Tenant fails to obtain any insurance required to be maintained by Tenant pursuant to this Lease or any such insurance shall be cancelled or terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease; of if Tenant shall fail to occupy or shall vacate the Leased Premises or shall fail to continuously operate its business at the Leased Premises for the Permitted Use set forth herein, whether or not Tenant is in monetary or other default under this Lease; or if Tenant shall fail to execute any instrument of subordination or attornment or any estoppel certificate within the time periods set forth in Sections 7.10 and 7.11 respectively following Landlord’s request for the same, then Landlord may immediately or at any time thereafter and without demand or further notice make entry and repossess the Leased Premises as of Landlord’s 's former estate, without prejudice to any other remedies, and thereupon this Lease shall terminate; and in case of such termination, or termination by legal proceedings for default, Landlord may remove all of Tenant’s 's property from the Leased Premises and store the same in any public warehouse or other suitable location all at the expense and risk of Tenant, and Tenant shall indemnify Landlord during the remaining period before this Lease would otherwise expire against all loss or damage suffered by reason of the termination, the loss or damage, if any, for each lease month to be paid at the end thereof, or as otherwise herein provided.