Common use of Default by Licensee Clause in Contracts

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. (a) It is mutually agreed that a. If Licensee shall be in default hereunder in fulfilling any of the covenants and agreements of this License other than the covenants for the payment of license fees or if the Licensed Premises become vacant or deserted. Licensor may give Licensee fifteen days’ written notice of intention to end the term of this License and thereupon, at the expiration of said fifteen days, if said default continues to exist, this License shall immediately expire as fully and completely as if on that day herein definitely fixed for the expiration of the term, and Licensee will then quit and surrender the Licensed Premises to Licensor, but Licensee shall remain liable as hereinafter provided. b. If the notice provided for in (“Default”), a) above shall have been given, and the term shall expire as aforesaid; or (b) if Licensee shall default in the payment of the license fees reserved herein or any item of charges herein mentioned or any part of either or in making any other payment herein provided; or (i) if any execution or attachment shall be issued against Licensee fails to comply with or any of Licensee’s property whereupon the terms Licensed Premises shall be taken or provisions of this Agreement, and fails occupied or attempted to cure such default within 30 days after the date of delivery of written notice of default from Licensor, provided that be taken or occupied by someone other than Licensee or(ii) 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) default with respect to any Prime Lease provision which shall remain uncured beyond the Shared Conference Facilityapplicable cure period, this License shall immediately expire as fully and completely as if Licensee fails to pay any fees or charges on that day herein definitely fixed for use the expiration of the Shared Conference Facility or other amounts required hereunder when due pursuant to this Agreement; providedterm, 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 will then quit and surrender the Licensed Premises to Licensor, but Licensee 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 (remain liable as defined in the Lease) under the Leasehereinafter provided. (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. An Event of Default with respect to Licensee shall occur in the event of any of the following: (a) It is mutually agreed that Licensee shall be in default hereunder (“Default”)the Bankruptcy of Licensee, (b) the gross negligence or willful misconduct of Licensee with respect to its obligations under this Agreement, (c) the permit(s), license(s) or certificate(s) required for use, operation or management of the Licensed Facility are at any time suspended, terminated or revoked and not reinstated within the applicable appeal period, if any, for any reason due solely to the acts or omissions of Licensee or one of its Affiliates, (d) Licensee shall fail to (i) if Licensee fails timely fund Working Capital or to comply with fund Capital Replacements pursuant to an Approved Budget and such failure shall continue for a period of ten (10) Business Days after notice thereof by Manager or (ii) keep, observe or perform any of the terms other material covenant, agreement, term or provisions provision of this AgreementAgreement to be kept, observed or performed by Licensee and fails to cure such failure shall continue (x) for a period of five (5) Business Days after Licensee receives notice from Manager in case of monetary defaults or (y) for a period of twenty (20) Business Days after Licensee receives notice from Manager in the case of non-monetary defaults, in each case specifying the default; provided, however, if 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 curewithin such twenty (20) Business Day period, then Licensee shall not be deemed entitled to such additional time as shall be in Default under this License if reasonable, provided the default is curable, Licensee commences has promptly proceeded to commence cure of such cure non-monetary default within 30 days of the aforesaid notice from Licensor said period, and thereafter diligently prosecutes such the 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 Agreementcompletion; provided, however, that Licensor will give Licensee notice and an opportunity in no event shall such additional time 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 non-monetary defaults exceed ninety (iii90) during the occurrence and continuation of any Default (as defined in the Lease) under the Leasedays. (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. A. The occurrence of any one or more of the following events shall constitute a default hereunder by Licensee and County may exercise the right to immediately terminate the License: 1) The abandonment or vacating of the Premises by Licensee; 2) The failure by Licensee to make any payment of fees or any other sum payable hereunder by ▇▇▇▇▇▇▇▇, as and when due, where such failure shall continue for a period of six (a6) It calendar days after written notice thereof from County to Licensee; 3) The making by Licensee of any general assignment for the benefit of creditors; or, the appointment of a trustee or receiver to take possession of substantially all of Licensee's assets located at the Premises or of Licensee's interest in this License, where such seizure is mutually agreed that not discharged within thirty (30) days; or, Licensee's convening of a meeting of its creditors, or any class thereof, for the purpose of effecting a moratorium upon or composition of its debts. In the event of any such default, neither this License nor any interests of Licensee in and to the Premises shall become an asset in any of such proceedings. In any such event, and in addition to any and all rights or remedies of County provided hereunder or by law, it shall be in default hereunder lawful for County to declare the term hereof ended, re-enter the Premises, take possession thereof and remove all persons therefrom, and Licensee and its creditors (“Default”),other than County) shall have no further claim thereon or hereunder. B. The County may terminate the license with thirty (i30) if days’ notice on the following condition: 1) The failure or inability by Licensee fails to comply with observe or perform any of the terms or provisions of this AgreementLicense to be observed or performed by Licensee, and fails to cure other than specified in A (1)-(3) above, where such default within 30 failure shall continue for a period of thirty (30) calendar days after the date of delivery of written notice of default thereof from LicensorCounty to Licensee; provided, provided however, that if the nature of such default failure is such that it cannot can be cured by the payment of money and reasonably requires Licensee, but that more than 30 thirty (30) calendar days to cureare reasonably required for its cure (for any reason other than financial inability), then Licensee shall not be deemed to be in Default under this License default if Licensee commences shall commence such cure within 30 days of the aforesaid notice from Licensor said thirty (30) calendar days, 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 Leasecompletion. (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. (a) It is mutually agreed that Should Licensee shall be default in default hereunder (“Default”), (i) if Licensee fails to comply with observing any of the terms or provisions conditions of this AgreementLicense, and fails to cure such default within 30 continues for a period of five (5) business days after the date of delivery of written notice of default from Licensor, provided that if the nature of such default is given to Licensee with respect to monetary defaults, and for a period of twenty (20) days after written notice of such default is given to Licensee with respect to non-monetary defaults (or if such non-monetary default is of a nature that it cannot be cured completely remedied within twenty (20) days, failure by Licensee to commence to remedy such default within said twenty (20) days, and thereafter diligently prosecute to completion all steps necessary to remedy such default, provided in all events the payment same is completed within sixty (60) days), following such applicable cure period, Licensor may terminate this License five (5) business days following delivery of money a second written notice to Licensee, whereupon Licensor may re-take possession of the Licensed Premises by any lawful means, and reasonably requires more than 30 days to cureLicensee shall surrender possession of the same in accordance with the terms of this License. Should Licensee default in observing in any material respect any of the terms or conditions of this License, then Licensee (i) Licensor may, but shall not be deemed to be obligated to, cure such default at Licensee’s expense and recover the costs incurred by Licensor in Default under this License if Licensee commences such cure within 30 days of the aforesaid notice from Licensor connection therewith as damages, and thereafter diligently prosecutes such cure to completion within 90 days of the aforesaid notice from Licensor; or (ii) with respect Licensee shall pay to the Shared Conference FacilityLicensor all reasonable, if Licensee fails to pay any fees out-of- pocket cost, loss, damage, liability or charges for use of the Shared Conference Facility or other amounts required hereunder when due pursuant to this Agreement; providedexpense (including, howeverwithout limitation, that reasonable out-of- pocket attorneys’ fees) actually incurred by Licensor will give Licensee notice and an opportunity to cure any failure to pay such fees or charges within 3 business days in connection therewith. Mention herein of any such notice particular right or remedy shall not more than once in preclude Licensor from exercising any 12 month period and Licensee agrees that such notice shall be in lieu of and not in addition to, other right 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 remedy available at law or in equity, including without limitation, . The provisions of this Section 19 shall survive the expiration or termination of this Agreement and the license granted hereunderLicense.

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 5 business days of any such notice not more than once twice 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.