Default by Licensee Sample Clauses

Default by Licensee. (a) If Licensee defaults in the performance of any obligation hereunder, Licensor may, pursuant to Paragraph 16(b) below, at its option and in addition to any other rights or remedies hereunder or otherwise available at law or in equity, terminate this Agreement and the right of Licensee (and any and all users) to use the Licensed Premises and Licensed Storage Area. (b) Licensor shall provide Licensee with written notice of any alleged default, and if Licensee does not cure any such default within thirty (30) days after the giving of notice, Licensor may terminate this Agreement on not less than fourteen (14) days notice (the “Termination Notice”) to Licensee. On the date specified on such Termination Notice, the term of this Agreement shall terminate and neither Licensee nor any vendor or other person claiming through or under License shall be entitled to possession or to remain in possession of or use the Licensed Premises or Licensed Storage Area but shall quit and surrender the Licensed Premises and Licensed Storage Area in a condition and order of repair substantially similar to their original condition and order of repair as of the date on which Licensee first took possession of the Licensed Premises and Licensed Storage Area, reasonable wear and tear excepted, and Licensor may exclude Licensee (including, without limitation, any or all of Licensee’s vendors) from access to the Licensed Premises and Licensed StorageArea. (c) On the date this Agreement terminates, whether by default by a Party or by Licensee’s election pursuant to Paragraph 10, and thereafter, Licensor shall have the right, among other remedies, to enter the Licensed Premises and Licensed Storage Area, exclude Licensee (including, without limitation, any or all of Licensee’s permit users or permit vehicles) therefrom and remove any or all of their property and effects. Licensee shall pay to Licensor upon demand the expense and costs for removal and/or storage of vehicles, any and all repairs to the Licensed Premises and Licensed Storage Area, other than that attributable to reasonable wear and tear, and all other costs arising from Licensee’s default, including, but not limited to, attorney’s fees and expenses. Upon any such removal of Licensee’s or any of its vendors’ property, such property shall be considered to have been abandoned and may either be retained by Licensor as its property or may be disposed of at public or private sale or donated as Licensor sees fit. (d) Licensee sha...

Default by Licensee. (a) It is mutually agreed that Licensee shall be in default hereunder (“Default”), (i) if Licensee fails to comply with any of the terms or provisions of this Agreement, and fails to cure such default within 30 days after the date of delivery of written notice of default from Licensor, provided that if the nature of such default is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Licensee shall not be deemed to be in Default under this License if Licensee commences such cure within 30 days of the aforesaid notice from Licensor and thereafter diligently prosecutes such cure to completion within 90 days of the aforesaid notice from Licensor; or (ii) with respect to the Shared Conference Facility, if Licensee fails to pay any fees or charges for use of the Shared Conference Facility or other amounts required hereunder when due pursuant to this Agreement; provided, however, that Licensor will give Licensee notice and an opportunity to cure any failure to pay such fees or charges within 3 business days of any such notice not more than once in any 12 month period and Licensee agrees that such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law or (iii) during the occurrence and continuation of any Default (as defined in the Lease) under the Lease. (b) In the event of any Default by Licensee hereunder, Licensor shall be entitled to all rights and remedies provided for Landlord under the Lease, and all other rights and remedies provided at law or in equity, including without limitation, termination of this Agreement and the license granted hereunder.

Default by Licensee. The occurrence of any one or more of the following events constitutes an event of default and breach of this License by Licensee: (i) The abandonment (as defined by the BEAUMONT Municipal Code) of the use of the Property by Licensee; (ii) The failure by Licensee to make any payment required to be made by Licensee hereunder, as and when due, where that failure continues for a period of three (3) business days after written notice is sent by Licensor to Licensee; (iii) The failure by Licensee to observe or perform any of the covenants, conditions or provisions of this License to be observed or performed by the Licensee; (iv) the making by Licensee of any general assignment or general arrangement for the benefit of creditors; or unless prohibited by Bankruptcy Law or other paramount law, the filing by or against Licensee of a petition to have Licensee adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Licensee, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of Licensee’s assets located at the Property or of Licensee’s interest in this License, where possession is not restored to Licensee within 30 days; or the attachment, execution or other judicial seizure of substantially all of Licensee’s assets located at the Property or of Licensee’s interest in this License, where that seizure is not discharged within thirty (30) days.

Default by Licensee. Failure of Licensee to pay patent costs and expenses as set forth in Section 8.3 (Patent Costs) shall, upon the expiration of three (3) business days notice from TSRI without payment, relieve TSRI from its obligation to incur any further patent costs and expenses. For the avoidance of doubt, should Licensee be in arrears for any patent costs and expenses due TSRI or independent counsel, TSRI shall have the right, at its sole discretion, upon the expiration of such 3-business day period to cease all patent prosecution and allow Licensed Patent Rights to go abandoned. Such action by TSRI shall not constitute a breach of this Agreement.

Default by Licensee. (a) It is mutually agreed that Licensee shall be in default hereunder (“Default”), (i) if Licensee fails to comply with any of the terms or provisions of this Agreement, and fails to cure such default within 30 days after the date of delivery of written notice of default from Licensor, provided that if the nature of such default is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Licensee shall not be deemed to be in Default under this License if Licensee commences such cure within 30 days of the aforesaid, notice from Licensor and thereafter diligently prosecutes such cure to completion within 90 days of the aforesaid notice from Licensor; or (ii) during the occurrence and continuation of any Default (as defined in the Lease) under the Lease. (b) In the event of any Default by Licensee hereunder, Licensor shall be entitled to ail rights and remedies provided for Landlord under the Lease, and all other rights and remedies provided at law or in equity, including without limitation, the right to terminate this Agreement and the license granted hereunder.

Default by Licensee. If Licensee shall at any time default in any material obligation of this Agreement, and such default shall not be cured within ten (10) days, Licensor may terminate this Agreement.

Default by Licensee. Time is of the essence hereof. Licensee shall be in default if Licensee fails to perform any obligation hereunder as and when due. In the event of such a default, Licensor shall have all rights and remedies allowed by law. In addition, Licensor shall have the right to terminate this License Agreement and/or Licensee's right to use the Premises. Upon any such termination, Licensee shall immediately yield up possession of the Premises and Licensor may take any and all action, including changing the locks on the Premises and removing all of Licensee's possessions from the Premises, to enforce Licensee's obligations.

Default by Licensee. A. LICENSEE shall default under this Agreement if: 1. LICENSEE fails to make payment of any amount due hereunder and such payment has not been received by LICENSOR within ten (10) days after written notice to LICENSEE, or 2. LICENSEE fails to perform pursuant to this Agreement and such failure does not involve the payment of money and LICENSEE shall not commence curing the same within ten (10) days after written notice to LICENSEE, or if such default is not thereafter completely cured within thirty (30) days thereof, or 3. A Receiver is appointed or one or more creditors takes possession of all or substantially all of the assets of the LICENSEE, or if LICENSEE shall make a general assignment for the benefit of creditors, or if LICENSEE resolves to go into voluntary liquidation or if proceedings in voluntary or involuntary bankruptcy are commenced by or against LICENSEE. B. In the event of a default by LICENSEE, LICENSOR may at its option, immediately or at any time thereafter cancel and terminate this Agreement. In such event, LICENSEE shall not be relieved of any of its obligations which have accrued or will accrue hereunder and LICENSOR shall retain all of its right to damages therefor in law or in equity, including but not limited to loss of profits during the unexpired portion of this Agreement. In addition, all monies due or to become due as Minimum Guaranteed Royalties hereunder shall become immediately due and payable.

Default by Licensee. In addition to all rights and remedies to which Licensor may be entitled at law or in equity, in the event Licensee defaults in any of its obligations under this Agreement and such default is not cured within ten (10) business days after written notice from Licensor, Licensor shall have the right, upon notice to Licensee, to immediately terminate this Agreement and the license granted hereunder, and Licensor shall have the right, at its sole option, to re-enter the Licensed Premises, and to remove and dispose of all personalty from the Licensed Premises at the sole cost and expense of Licensee.