Xxxxxx's Default. Each of the following events shall be a default by Xxxxxx and a breach of this Lease: Failure to timely and fully perform Lessee's obligations under Article 9 of this Lease or under the _______________________________________. Failure or refusal to pay when due the Rent as provided in Article 5 of this Lease. Failure or refusal to pay when due any other sum required by this Lease to be paid by Lessee if such failure to pay is not cured within twenty (20) days after written notice thereof is provided to Xxxxxx. Failure by Lessee to perform as required any other covenant, agreement or obligation (other than the payment of a liquidated sum of money) of Lessee under this Lease and the same is not cured within thirty (30) days after notice of such failure from Lessor to Lessee; provided, that, if such default is of a nature that cannot reasonably be expected to be cured within said thirty (30) days, then for such longer time as may be reasonably necessary so long as Lessee commences the cure within said thirty (30) days and thereafter diligently prosecutes the same to completion. The taking by execution of Xxxxxx's leasehold estate for the benefit of any person other than a Lender or purchaser at a foreclosure under a Mortgage. The filing of a petition for relief against Lessee, as debtor, under the Federal Bankruptcy Code (the "Code"), as now or hereafter constituted, or any other applicable federal or state law of similar import, or the entry of a decree or order by a court having jurisdiction over the Premises, appointing a custodian, receiver, liquidator, assignee, trustee, sequestrator, or other similar official of or for Lessee or any substantial part of the properties of Lessee or ordering the winding up or liquidation of the affairs of Xxxxxx, and the continuance of any such decree or order unstayed and in effect for a period of ninety (90) consecutive days. The commencement by Lessee of a voluntary case under the Code, as now or hereafter constituted, or any other applicable federal or state law of similar import, or the consent or acquiescence by Lessee to the commencement of a case under the Code or such law or to the appointment of or taking possession by a custodian, receiver, liquidator, assignee, trustee, sequestrator, or other similar official of or for Lessee or any substantial part of the property of Lessee.
Xxxxxx's Default. The occurrence of any of the following events shall constitute a default by Tenant under this Agreement: (i) Tenant fails to timely pay any installment of rent or any additional rent; (ii) Tenant ceases to provide any service that Tenant is required to provide under this Agreement for a period of seven (7) consecutive days; (iii) Tenant violates any requirement under this Agreement (including, but not limited to, abandonment of the Premises) and fails to cure the same within twenty (20) days following written notice of such violation from City (except that in the case of insurance coverage required to be maintained, such period shall be five (5) days); (iv) Tenant assigns or encumbers any right in this Agreement, delegates any performance hereunder, or subleases any part of the Premises (except as expressly permitted in this Agreement); (v) Tenant files a petition in bankruptcy, becomes insolvent, or has a petition filed against Tenant in bankruptcy, insolvency, or for reorganization or appointment of a receiver or trustee which is not dismissed within sixty (60) days; (vi) Tenant petitions for or enters into an arrangement for the benefit of creditors, or suffers this Agreement to become subject to a writ of execution and such writ is not released within thirty (30) days; (vii) Tenant defaults in constructing
Xxxxxx's Default. The occurrence of any one or more of the following events shall constitute a default on the part of the Lessee: (1) the Lessee fails to pay the Rent when due (including late fees) or any other sum of money payable as provided in this Lease; (2) the conduct of any business or performance of any acts that is not the permissible Use or not authorized by Lessor and the failure of Lessee to discontinue that business or those acts within thirty (30) days of receipt by the Lessee of Lessor’s written notice to cease said business and acts; (3) the Lessee breaches or fails to comply with any other term, provision, covenant or condition of this Lease and such breach of failure shall continue for a period of thirty (30) days or more after written notice thereof from Lessor, unless this Lease provides for a shorter notice period; (4) the Lessor transfers, assigns, or sublets this Lease in whole or in part without Lessor’s written approval; (5) Lessee mortgages, pledges, or encumbers the Property and any Improvements in whole or in part; (6) Lessee abandons, deserts, or vacates the Premises; (7) the divestiture of the Lessee’s estate herein by operation of law, by dissolution or by liquidation (not including merger or sale of assets); or (8) a receiver, custodian or trustee is appointed to take possession of all or substantially all of the assets of Lessee, or an assignment is made by Lessee for the benefit of its creditors or any action is taken or suffered by the Lessee under any insolvency, bankruptcy, or reorganization act. Any or all of the foregoing shall hereinafter be referred to as “Xxxxxx’s Default.”
Xxxxxx's Default. If Landlord applies the security deposit as contemplated by this Section, Tenant shall, within five (5) days after written demand therefore by Landlord, deposit with Landlord the amount so applied. If Tenant complies with all of the covenants and conditions of this Lease throughout the Lease term, the security deposit shall be repaid to Tenant without interest within thirty (30) days after the surrender of the Premises by Xxxxxx in the condition required hereunder by Section 11 of this Lease.
Xxxxxx's Default. Notwithstanding any provision to the contrary contained in the Lease, if a Default by Tenant under the Lease (including, without limitation, this Work Agreement) has occurred at any time on or before the substantial completion of the Tenant Work, 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 (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. 00056263.8 B-9
Xxxxxx's Default. 15.1 The following events shall each constitute "events of default" on the part of the Lessee hereunder:
Xxxxxx's Default. A “Default” will mean the occurrence of any one or more of the following events:
Xxxxxx's Default. A. Any one of the following shall constitute an event of default by Lessee hereunder:
(1) Failure of Lessee to pay in full all installments of rent due by the first day of each month or immediately after written notice and demand therefor are given by Lessor to Lessee.
(2) Failure of Lessee to perform or comply with any obligation, covenant, or agreement of Lessee hereunder other than payment of money for a period of fourteen (14) days after written notice specifying such failure is given by Lessor to Lessee, except that if such obligation, covenant, or agreement is not capable of being performed within said fourteen (14) day period, Lessee shall not be in default if Lessee shall commence such performance within said fourteen (14) day period and thereafter prosecute the same with diligence and continuity to completion.
B. In the case of a continuing event of default by Xxxxxx, Lessor shall have the following remedy in addition to all other rights and remedies provided by law or in equity, including without limitation, damages and specific performance:
(1) Terminate this Lease by fourteen (14) days prior written notice given to Lessee specifying the date of termination, and Lessee shall within said fourteen (14) day period vacate the Leased Premises and surrender possession thereof to Lessor.
Xxxxxx's Default. Each of the following shall be an event of default ("Event of Default") hereunder:
Xxxxxx's Default. If Lessee remains in default under any term or condition of this lease for more than thirty (30) days after receiving written notice of the default from Lessor, Lessor may, without further notice to Lessee, terminate this Lease.
