Common use of Xxxxxx's Default Clause in Contracts

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. Each If LESSOR should default in the performance of the following events shall any provision, covenant, condition or obligation on its part to be a default by Xxxxxx and a breach of performed under 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 default is not cured or commenced to be cured (and diligently prosecuted to completion thereafter) within twenty sixty (2060) days after written notice thereof is provided from LESSEE to XxxxxxLESSOR specifying the default, LESSEE may, at its option, perform the same at the expense of LESSOR. Failure LESSEE shall then have the right in that event to deduct its reasonable and documented costs and expenses (including reasonable attorney’s fees) incurred by Lessee to perform as required it by reason of any other covenant, agreement or obligation (other than the payment such default of a liquidated sum of money) of Lessee LESSOR under this Lease against the next ensuing monthly installment(s) of Rent hereunder until it has been fully reimbursed for same. Regardless of the foregoing, if XXXXXX’s default materially impairs the operations of LESSEE at the Leased Premises LESSEE may, upon the expiration of the aforesaid sixty (60) day cure period and LESSOR having failed to cure (or to commence to cure and diligently pursue thereafter) during such sixty (60) day period, give LESSOR a second notice of default and state therein that XXXXXX’s failure to timely cure the same default (or commence to cure and diligently pursue) is materially interfering with the LESSEE’s operations at the Leased Premises. XXXXXX shall then have a period of fifteen (15) Business Days from the receipt of the second notice to cure (or commence to cure and diligently pursue) the default. If LESSOR fails to cure the default within the fifteen (15) Business Day period, LESSEE, in addition to all other remedies available to LESSEE at law or in equity for LESSOR’s default, shall have the right to terminate this Lease upon notice to LESSOR given at any time thereafter, but before actual cure of the default by XXXXXX. Such termination shall be effective on a date specified in the notice which is not cured more than thirty (30) days following the date of the notice. In the event of such termination by XXXXXX, LESSOR, after deduction for unpaid Rent through the effective date of the termination, shall pay to LESSEE an amount equal to the net book value (i.e., the cost less straight line depreciation over the shorter of (i) useful life of the improvement under the Internal Revenue Code or (ii) twenty-five (25) years), as of the effective date of the termination, of any improvements to the Leased Premises by LESSEE that were approved by LESSOR under Section 5.06 or any other applicable provision of this Lease. LESSOR’s obligation to pay the amount due to LESSEE under this Section 13.03 shall be LESSEE’s sole remedy under this Lease, and LESSEE shall have no right to seek additional damages or pursue any other remedy against XXXXXX. LESSOR shall pay any amount due to LESSEE under this Section 13.03 within thirty (30) days after notice from the termination date 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 Lesseethis Lease.

Xxxxxx's Default. Each of the following events shall be a default by Xxxxxx and a breach deemed to be an “Event of Default” under this Lease: Failure to timely and fully perform Lessee's obligations under Article 9 of this Lease or under the _______________________________________. Failure or refusal (i) failure to pay Rent or any other monetary obligation as and when due and such failure continues for two (2) business days after Xxxxxx’s receipt of Landlord’s written notice thereof (provided that Tenant shall only be entitled to such notice and cure period three (3) times in any consecutive 12-month period); (ii) Tenant abandons the Rent as provided Premises in Article 5 violation of Section 4(b) above; (iii) Tenant becomes insolvent, makes an assignment for the benefit of creditors, or institutes a proceeding under state or federal bankruptcy laws (or successor laws) or Tenant shall be adjudged bankrupt or insolvent in proceedings filed against Tenant; (iv) a writ of attachment or execution is levied on this Lease. Failure , or refusal a receiver is appointed with authority to pay when due take possession of the Premises, which attachment, execution or receiver is not removed within sixty (60) days of filing or appointment of a receiver; (v) Tenant shall be liquidated or dissolved; (vi) Tenant shall violate Section 23 hereof; (vii) the estate or interest of Tenant in the Premises or any other sum part thereof shall be levied upon or attached in any proceeding relating to more than One Hundred Seventy-Five Thousand and No/100 Dollars ($175,000.00), and the same shall not be vacated, discharged or stayed pending appeal (or bonded or otherwise similarly secured payment) within the earlier of ninety (90) days after commencement thereof or sixty (60) days after receipt by Tenant of notice thereof from Landlord or any earlier period provided by Law for obtaining any stay pending appeal or to prevent foreclosure or sale; provided, however, that such notice shall be in lieu of and not in addition to any notice required under applicable Law; (viii) Tenant fails to maintain any insurance required by this Lease to be paid Lease; and (ix) failure 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 Tenant to perform as required any other covenant, agreement or obligation (other than undertaking of the payment of a liquidated sum of money) of Lessee under Tenant contained in this Lease and if the same failure to perform is not cured within thirty (30) days after Xxxxxx’s receipt of Landlord’s written notice of such failure from Lessor to Lesseethereof; provided, thathowever, if such default is of a nature that the breach 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 the same shall not result in an Event of Default if Tenant commences to cure the cure breach within said thirty (30) days of receipt of Landlord’s written notice and thereafter diligently prosecutes and in good faith continues to prosecute the same cure of said breach to completion. The taking by execution ; provided that such breach is cured within two hundred forty (240) days of Xxxxxx's leasehold estate for the benefit receipt 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 LesseeLandlord’s written notice.

Xxxxxx's Default. Each A. Any one of the following events shall be a constitute an event of default by Xxxxxx and a breach Lessee hereunder: (1) Failure of this Lease: Failure to timely and fully perform Lessee's obligations under Article 9 of this Lease or under the _______________________________________. Failure or refusal Lessee to pay when in full all installments of rent due by the Rent as provided in Article 5 first day of this Lease. each month or immediately after written notice and demand therefor are given by Lessor to Lessee. (2) Failure of Lessee to perform or refusal to pay when due comply with any obligation, covenant, or agreement of Lessee hereunder other sum required by this Lease to be paid by Lessee if such failure to pay is not cured within twenty than payment of money for a period of fourteen (2014) 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 specifying such failure from is given by Lessor to Lessee; provided, that, 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 is 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 nature that cannot reasonably be expected continuing event of default by Xxxxxx, Lessor shall have the following remedy in addition to be cured 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 thirty fourteen (3014) daysday period vacate the Leased Premises and surrender possession thereof to Lessor. C. If the Lessee shall be declared insolvent or bankrupt, then for such longer time as may or if any assignment of the Lessee’s property shall 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 made for the benefit of creditors or otherwise, or if Xxxxxx’s leasehold interest herein shall be levied upon under execution, or seized by virtue of any person other than writ of any Court of Law, or a Lender Trustee in Bankruptcy or purchaser at a foreclosure under a Mortgage. The filing Receiver appointed for the property of a petition for relief against the Lessee, as debtor, whether under the operation of the State or the Federal Bankruptcy Code (statutes, then and in any such case, the "Code")Lessor may, at his option, immediately with or without notice, notice being expressly waived, terminate this Lease and immediately retake possession of the Leased Premises without the same working any forfeiture of any accrued obligations of the Lessee hereunder. D. After the expiration of this Lease or any violation of any term or provision as now herein provided for, if Xxxxxx shall refuse to surrender and deliver possession of the Leased Premises after notice of termination, then in that event Lessor may, without further notice or hereafter constituteddemand, enter into and upon said premises, or any other applicable federal or state law part thereof, and take possession thereof and repossess them, and expel, remove and put out of similar importpossession the Lessee, or using such help, assistance and force in so doing as may be needful and proper, without prejudice to any remedy allowed by law, available in such cases. E. That in case 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 Leased Premises are left vacant and any substantial part of the properties rent herein reserved be due and unpaid, then the Lessor may, without in anyway being obligated to do so, and without terminating this Lease, retake possession of said premises and rent the same for such rent, and upon such conditions as the Lessor may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said Lessee or ordering shall be liable for the winding up or liquidation balance of the affairs rent herein reserved until the expiration of Xxxxxxthis Lease. F. Xxxxxx agrees to pay the Lessor all costs, including reasonable attorney fees, incurred by Xxxxxx in recovering any rent or other money due 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 unpaid under the Code, as now or hereafter constituted, or any other applicable federal or state law terms of similar import, or the consent or acquiescence by Lessee to the commencement of a case under the Code or such law this Lease or to the appointment of or taking recover possession by a custodian, receiver, liquidator, assignee, trustee, sequestrator, or other similar official of or for Lessee or any substantial part of the property Leased Premises after termination of Lesseethis Lease.

Xxxxxx's Default. Each A. Any one of the following events shall be a constitute an event of default by Xxxxxx and a breach Lessee hereunder: (1) Failure of this Lease: Failure to timely and fully perform Lessee's obligations under Article 9 of this Lease or under the _______________________________________. Failure or refusal Lessee to pay when in full all installments of rent due by the Rent as provided in Article 5 first day of this Lease. each month or immediately after written notice and demand therefor are given by Lessor to Lessee. (2) Failure of Lessee to perform or refusal to pay when due comply with any obligation, covenant, or agreement of Lessee hereunder other sum required by this Lease to be paid by Lessee if such failure to pay is not cured within twenty than payment of money for a period of fourteen (2014) 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 specifying such failure from is given by Lessor to Lessee; provided, that, 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 is 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 nature that cannot reasonably be expected continuing event of default by Xxxxxx, Lessor shall have the following remedy in addition to be cured 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 thirty fourteen (3014) daysday period vacate the Leased Premises and surrender possession thereof to Lessor. C. If the Lessee shall be declared insolvent or bankrupt, then for such longer time as may or if any assignment of the Lessee’s property shall 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 made for the benefit of creditors or otherwise, or if Xxxxxx’s leasehold interest herein shall be levied upon under execution, or seized by virtue of any person other than writ of any Court of Law, or a Lender Trustee in Bankruptcy or purchaser at a foreclosure under a Mortgage. The filing Receiver appointed for the property of a petition for relief against the Lessee, as debtor, whether under the operation of the State or the Federal Bankruptcy Code (statutes, then and in any such case, the "Code")Lessor may, at his option, immediately with or without notice, notice being expressly waived, terminate this Lease and immediately retake possession of the Leased Premises without the same working any forfeiture of any accrued obligations of the Lessee hereunder. D. After the expiration of this Lease or any violation of any term or provision as now herein provided for, if Xxxxxx shall refuse to surrender and deliver possession of the Leased Premises after notice of termination, then in that event Lessor may, without further notice or hereafter constituteddemand, enter into and upon said premises, or any other applicable federal or state law part thereof, and take possession thereof and repossess them, and expel, remove and put out of similar importpossession the Lessee, or using such help, assistance and force in so doing as may be needful and proper, without prejudice to any remedy allowed by law, available in such cases. E. That in case 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 Leased Premises are left vacant and any substantial part of the properties rent herein reserved be due and unpaid, then the Lessor may, without in anyway being obligated to do so, and without terminating this Lease, retake possession of said premises and rent the same for such rent, and upon such conditions as the Lessor may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said Lessee or ordering shall be liable for the winding up or liquidation balance of the affairs rent herein reserved until the expiration of Xxxxxxthis Lease. X. Xxxxxx agrees to pay the Lessor all costs, including reasonable attorney fees, incurred by Xxxxxx in recovering any rent or other money due 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 unpaid under the Code, as now or hereafter constituted, or any other applicable federal or state law terms of similar import, or the consent or acquiescence by Lessee to the commencement of a case under the Code or such law this Lease or to the appointment of or taking recover possession by a custodian, receiver, liquidator, assignee, trustee, sequestrator, or other similar official of or for Lessee or any substantial part of the property Leased Premises after termination of Lesseethis Lease.