Common use of Default of Tenant Clause in Contracts

Default of Tenant. The following events shall be a default by Tenant (a "Default") under this Lease: (1) Failure of Tenant to pay Rent as and when due, if the failure continues for five (5) business days after notice from Landlord specifying the failure. (2) Failure of Tenant to comply with or perform any covenant or obligation of Tenant under this Lease, other than (i) those concerning the payment of Rent, if the failure continues for thirty (30) days after notice from Landlord to Tenant specifying the failure; provided, however, that if the failure on the part of Tenant is not capable of being cured within such 30-day period but Tenant expeditiously commences to cure same and diligently proceeds with such cure, Tenant’s time to cure such failure shall be extended for the time necessary to cure same, but in no event longer than ninety (90) days, inclusive of the original 30-day period, (ii) those set forth in any of Sections 8.B., 17, 21, 22, 26, 35, 36, 37 and 38 hereof, as to which a specific timeframe for the performance of such covenant or obligation is set forth therein, and (iii) any Default arising under subsections (3), (4), (5) or (6) of this Section 19.A. (3) If Tenant, any guarantor of Tenant's performance hereunder (a "Guarantor") or, if Tenant is a partnership, any partner of Tenant ("Partner"), shall file a voluntary petition in bankruptcy or insolvency, shall be adjudicated bankrupt or insolvent or shall file a petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state or other law, or shall make an assignment for the benefit of creditors, or shall seek or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of any Guarantor or Partner or of all or any part of the property of Tenant or of such Guarantor or Partner. (4) If, within thirty (30) days after the commencement of any proceeding against Tenant or a Guarantor or Partner, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future applicable federal, state or other law, such proceeding shall not have been dismissed or if, within thirty (30) days after the appointment of any trustee, receiver or liquidator of Tenant or any Guarantor or Partner, or of all or any part of the property of Tenant or of any Guarantor or Partner, without the acquiescence of such individual or entity, such appointment shall not have been vacated or otherwise discharged, or if any execution or attachment shall have been issued against the property of Tenant or of any Guarantor or Partner, pursuant to which the Premises shall be taken or occupied or attempted to be taken or occupied. (5) If Tenant vacates, abandons or ceases to carry on its ordinary activities in the Premises prior to the Lease Expiration Date, with or without an intention of paying Rent; provided, however, that if (i) Tenant gives Landlord at least thirty (30) days prior written notice that it intends to vacate the Premises, (ii) Tenant pays the full amount of all Rent when due under this Lease while the Premises are vacant, and (iii) Tenant leaves the Premises in a condition reasonably satisfactory to Landlord and continues to maintain the Premises, in the condition required by this Lease throughout the remainder of the Term, then, and in such event only, Tenant shall not be deemed to be in Default under this Section 19.A.(6) and Landlord shall have the right, exercisable by sending written notice to Tenant, to sublet from Tenant for the balance of the Term of this Lease all of the Premises at Tenant’s then rental rate hereunder, or to terminate this Lease as to all or any portion of the Premises, which rights of Landlord as to subletting and termination shall be exercisable by Landlord in its sole discretion. (6) Failure of Tenant to comply with or perform any covenant or obligation under Section 8.B., 17, 21, 22, 26, 35, 36, 37 or 38 hereof within the specific timeframe for the performance of such covenant or obligation set forth in the applicable Section.

Default of Tenant. The following events shall be a default by Tenant (a "“Default"”) under this Lease: (1) Failure of Tenant to pay Rent as and when due; provided, if the however, no Default shall be deemed to have occurred unless such failure continues for five a period of ten (510) business days after notice thereof from Landlord specifying the failureto Tenant. (2) Failure of Tenant to comply with or perform any covenant or obligation of Tenant under this Lease, other than (i) those concerning the payment of Rent, if the failure continues for thirty (30) days after notice from Landlord to Tenant specifying the failure; provided, however, failure [except that if the failure on the part of Tenant is not reasonably capable of being cured within such 30-day period but Tenant expeditiously commences to cure same following its receipt of notice from Landlord and diligently proceeds with such cure, Tenant’s time to cure such failure shall be extended for the time reasonably necessary to cure same, but in no event longer other than ninety (90i) days, inclusive those concerning the payment of the original 30-day period, Rent and (ii) those set forth in any of Sections 8.B., 17, 21, 22, 26, 35, 36, 37 and 38 hereof, as to which a specific timeframe for the performance of such covenant or obligation is set forth therein, and (iii) any Default arising under subsections (3), clauses (4), (5) or ), (6) and (7) of this Section 19.A. (3) [Intentionally omitted.] (4) If Tenant, any guarantor of Tenant's performance hereunder (a "Guarantor") or, if Tenant is a partnership, any general partner of Tenant ("“Partner"”), shall file a voluntary petition in bankruptcy or insolvency, shall be adjudicated bankrupt or insolvent or shall file a petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state or other lawLaws, or shall make an assignment for the benefit of creditors, or shall seek or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of any Guarantor or Partner or of all or any part of the property of Tenant or of such Guarantor or Partner. (45) If, within thirty one hundred twenty (30120) days after the commencement of any proceeding against Tenant or a Guarantor or any Partner, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future applicable federal, state or other lawLaws, such proceeding shall not have been dismissed or if, within thirty one hundred twenty (30120) days after the appointment of any trustee, receiver or liquidator of Tenant or any Guarantor or Partner, or of all or any part of the property of Tenant or of any Guarantor or Partner, without the acquiescence of such individual or entity, such appointment shall not have been vacated or otherwise discharged, or if any execution or attachment shall have been issued against the property of Tenant or of any Guarantor or Partner, pursuant to which the Premises shall be taken or occupied or attempted to be taken or occupied. (56) If The failure of Tenant vacatesto promptly commence, abandons or ceases following its receipt of notice from Landlord of Tenant’s default under Section 36 hereof, to carry on its ordinary activities in commence the Premises prior to the Lease Expiration Date, with or without an intention of paying Rent; provided, however, that if (i) Tenant gives Landlord at least thirty (30) days prior written notice that it intends to vacate the Premises, (ii) Tenant pays the full amount of all Rent when due under this Lease while the Premises are vacant, and (iii) Tenant leaves the Premises in a condition reasonably satisfactory to Landlord and continues to maintain the Premises, in the condition required by this Lease throughout the remainder cure of the Termsubject default and thereafter use commercially reasonable efforts to cure the same as soon as reasonably practicable, then, and in such event only, Tenant provided that no Default shall not be deemed to be in Default have occurred under this Section 19.A.(6Subsection unless such failure continues for a period of five (5) and days following Tenant’s receipt of a second notice from Landlord shall have the right, exercisable by sending written notice to Tenant, to sublet from Tenant for the balance of the Term of this Lease all of the Premises at Tenant’s then rental rate hereunder, or to terminate this Lease as to all or any portion of the Premises, which rights of Landlord as to subletting and termination shall be exercisable by Landlord in its sole discretionfailure. (67) Failure of Tenant to comply with or perform any covenant or obligation the terms of Section 17 hereof, which failure continues for a period of five (5) business days after Tenant’s receipt of notice from Landlord of the subject failure, provided that no Default shall be deemed to have occurred under Section 8.B.this Subsection unless such failure continues for a period of five (5) business days following Tenant’s receipt of a second notice from Landlord of the subject failure following the expiration of the above-referenced five (5) business day period. Notwithstanding the foregoing to the contrary, 17, 21, 22, 26, 35, 36, 37 or 38 hereof within in the specific timeframe for the performance event Landlord delivers to Tenant notice alleging a failure by Tenant to comply with its obligations under this Lease and if Tenant after its receipt of such covenant notice commences an action for declaratory judgment (or obligation set forth other appropriate relief) seeking a determination that Tenant has not breached Tenant’s obligations hereunder with respect to the matter specified in Landlord’s notice, then the applicable Sectionsubject notice delivered by Landlord shall be deemed not to have been delivered for purposes of this Section 19.A until such action is dismissed or nonappealable or is not in fact appealed from, and Tenant shall thereupon be afforded the cure period described in this Section 19.A above, provided, however, that if at any time during the pendency of such action, (i) Tenant withdraws or dismisses such action or (ii) the action is dismissed with prejudice as a result of a motion to dismiss filed by Landlord and is not appealed by Tenant, then the subject notice shall be deemed to have been delivered when it was actually delivered.

Default of Tenant. The following events shall be a default by Tenant (a "Default") under this Lease: (1) Failure of Tenant to pay Rent as and when due; provided, if however, that with respect to the first two (2) such failures in any twelve (12) month period only, no Default shall be deemed to have occurred unless such failure continues for five a period of three (53) business days after written notice thereof from Landlord specifying the failureto Tenant. (2) Failure of Tenant to comply with or perform any covenant or obligation of Tenant under this Lease, if the failure continues for ten (10) days after notice from Landlord to Tenant specifying the failure, other than (i) those concerning the payment of Rent, if (ii) those set forth in any of Sections 8.B., 17, 21, 22, 26, 35, 36 and 38 hereof, as to which a specific timeframe for the failure continues for thirty performance of such covenant or obligation is set forth therein, and (30iii) days after notice from Landlord to Tenant specifying the failureany Default arising under subsections (3), (4), (5) or (6) of this Section 19.A; provided, however, that if the failure on the part of Tenant is not capable of being cured within such 30-day period but Tenant expeditiously commences to cure same and diligently proceeds with such cure, Tenant’s time to cure such failure shall be extended for the time necessary to cure same, but in no event longer than ninety (90) days, inclusive of the original 30-day period, (ii) those set forth in any of Sections 8.B., 17, 21, 22, 26, 35, 36, 37 and 38 hereof, as to which a specific timeframe for the performance of such covenant or obligation is set forth therein, and (iii) any Default arising under subsections (3), (4), (5) or (6) of this Section 19.A.. (3) If, in Landlord's reasonable opinion, Tenant's activities or presence in the Premises results in a significant, continuing or repeated threat of physical danger to other tenants and/or users of the Building, whether or not Tenant is capable of controlling such threat. (4) If Tenant, any guarantor of Tenant's performance hereunder (a "Guarantor") Guarantor or, if Tenant is a partnership, any partner of Tenant ("Partner"), shall file a voluntary petition in bankruptcy or insolvency, shall be adjudicated bankrupt or insolvent or shall file a petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state or other lawLaws, or shall make an assignment for the benefit of creditors, or shall seek or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of any Guarantor or Partner or of all or any part of the property of Tenant or of such Guarantor or Partner. (45) If, within thirty (30) days after the commencement of any proceeding against Tenant or a any Guarantor or Partner, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future applicable federal, state or other lawLaws, such proceeding shall not have been dismissed or if, within thirty (30) days after the appointment of any trustee, receiver or liquidator of Tenant or any Guarantor or Partner, or of all or any part of the property of Tenant or of any Guarantor or Partner, without the acquiescence of such individual or entity, such appointment shall not have been vacated or otherwise discharged, or if any execution or attachment shall have been issued against the property of Tenant or of any Guarantor or Partner, pursuant to which the Premises shall be taken or occupied or attempted to be taken or occupied. (56) If Tenant fails to take possession of the Premises on the Lease Commencement Date or vacates, abandons or ceases to carry on its ordinary activities in the Premises prior to the Lease Expiration Date, with or without an intention of paying Rent; provided, however, that if (i) Tenant gives Landlord at least thirty (30) days prior written notice that it intends not to occupy the entire Premises or that it intends to vacate the entire Premises, as applicable, (ii) Tenant pays the full amount of all Rent when due under this Lease while the Premises are vacantvacant (subject to applicable notice and cure periods in connection with any failure to so timely pay Rent), and (iii) Tenant leaves the Premises in a condition reasonably satisfactory to Landlord and continues to maintain the Premises, Premises in the condition required by this Lease throughout the remainder of the TermTerm (subject to applicable notice and cure periods in connection with any failure to so maintain the Premises), then, and in such event only, Tenant shall not be deemed to be in Default under this Section 19.A.(6) and Landlord shall have the right, exercisable by sending written notice to Tenant, to sublet from Tenant for the balance of the Term of this Lease all of the Premises at Tenant’s then rental rate hereunder, or to terminate this Lease as to all or any portion of the Premises, which rights of Landlord as to subletting and termination shall be exercisable by Landlord in its sole discretion). (67) Failure of Tenant to comply with or perform any covenant or obligation under Section Sections 8.B., 17, 21, 22, 26, 35, 36, 37 36 or 38 hereof within the specific timeframe for the performance of such covenant or obligation set forth in the applicable Section.

Default of Tenant. The occurrence of any one or more of the following events shall be constitute a default and breach of this Lease by Tenant: (a) Tenant's failure to pay any rent or charges required to be paid by Tenant (a "Default") under this Lease: (1) Failure of Tenant to pay Rent , except as and when dueotherwise provided herein, if the where such failure continues for five (5) business days after notice from Landlord specifying Landlord; (b) Tenant's abandonment of the failure. demised Premises; (2c) Failure of Tenant Tenant's failure to comply with or promptly and fully perform any covenant other covenant, condition or obligation of Tenant under agreement contained in this Lease, other than (i) those concerning the payment of Rent, if the Lease where such failure continues for thirty (30) 30 days after written notice from Landlord to Tenant specifying the failure; provided, however, of such default provided that if the failure on nature of the part of Tenant default is not capable of being cured within such 30-day period but Tenant expeditiously commences to cure same and diligently proceeds with such cure, Tenant’s time that more than 30 days are reasonably required to cure such failure shall be extended for the time necessary to cure same, but in no event longer than ninety (90) days, inclusive of the original 30-day period, (ii) those set forth in any of Sections 8.B., 17, 21, 22, 26, 35, 36, 37 and 38 hereof, as to which a specific timeframe for the performance of such covenant or obligation is set forth therein, and (iii) any Default arising under subsections (3), (4), (5) or (6) of this Section 19.A. (3) If Tenant, any guarantor of Tenant's performance hereunder (a "Guarantor") or, if Tenant is a partnership, any partner of Tenant ("Partner"), shall file a voluntary petition in bankruptcy or insolvency, shall be adjudicated bankrupt or insolvent or shall file a petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state or other law, or shall make an assignment for the benefit of creditors, or shall seek or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of any Guarantor or Partner or of all or any part of the property of Tenant or of such Guarantor or Partner. (4) If, within thirty (30) days after the commencement of any proceeding against Tenant or a Guarantor or Partner, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future applicable federal, state or other law, such proceeding shall not have been dismissed or if, within thirty (30) days after the appointment of any trustee, receiver or liquidator of Tenant or any Guarantor or Partner, or of all or any part of the property of Tenant or of any Guarantor or Partner, without the acquiescence of such individual or entity, such appointment shall not have been vacated or otherwise discharged, or if any execution or attachment shall have been issued against the property of Tenant or of any Guarantor or Partner, pursuant to which the Premises shall be taken or occupied or attempted to be taken or occupied. (5) If Tenant vacates, abandons or ceases to carry on its ordinary activities in the Premises prior to the Lease Expiration Date, with or without an intention of paying Rent; provided, however, that if (i) Tenant gives Landlord at least thirty (30) days prior written notice that it intends to vacate the Premises, (ii) Tenant pays the full amount of all Rent when due under this Lease while the Premises are vacant, and (iii) Tenant leaves the Premises in a condition reasonably satisfactory to Landlord and continues to maintain the Premises, in the condition required by this Lease throughout the remainder of the Term, then, and in such event onlydefault, Tenant shall not be deemed to be in Default under default if within such 30 day period it commences to cure and diligently prosecutes such cure to completion; (d) the levy of a writ of attachment or execution on this Section 19.A.(6Lease or on any of Tenant's property located in the Premises; (e) and Landlord shall have the right, exercisable making by sending written notice to Tenant, to sublet from Tenant of a general assignment for the balance benefit of its creditors or of an arrangement, composition, extension or adjustment with its creditors, the Term filing by or against Tenant of this Lease all a petition for relief or other proceeding under the federal bankruptcy laws or state or other insolvency laws, or the assumption by any court or administrative agency, or by a receiver, trustee or custodian appointed by either, of jurisdiction, custody or control of the Premises at Tenant’s then rental rate hereunder, or to terminate of Tenant or any substantial part of its assets or property; or (f) if the interest of Tenant under this Lease as to all is held by a partnership or by more than one person or entity, the occurrence of any act or event described in part (e) above in respect of any partner of the partnership or any portion person or entity holding an interest in Tenant of 25% or more. In the Premises, event a nonmonetary default occurs which rights of Landlord as to subletting and termination shall cannot reasonably be exercisable by Landlord in its sole discretion. (6) Failure of Tenant to comply with or perform any covenant or obligation under Section 8.B., 17, 21, 22, 26, 35, 36, 37 or 38 hereof cured within the specific timeframe for the performance of time period specified above and Tenant commences corrective action within said time period, Tenant shall not be subject to penalty under this Lease so long as Tenant prosecutes such covenant or obligation set forth in the applicable Sectioncorrective action diligently and continuously to completion.

Default of Tenant. The following events shall be a default by Tenant (a "Default") under this Lease: (1) Failure of Tenant to pay Rent as and when due, if the failure continues for five (5) business days after notice from Landlord specifying the failure. (2) Failure of Tenant to comply with or perform any covenant or obligation of Tenant under this Lease, other than (i) those concerning the payment of Rent, if the failure continues for thirty (30) days after notice from Landlord to Tenant specifying the failure; provided, however, that with respect to any failure to comply with or perform any covenant or obligation which is not curable within such 30 day period, if (i) Tenant has expeditiously commenced to cure same, (ii) the failure on does not adversely affect the part Building or other tenants therein and does not result in any liability to, or expenditure of funds by, Landlord, and (iii) Tenant is not capable diligently pursues the cure of being cured within such 30-day condition, the cure period but Tenant expeditiously commences to cure same and diligently proceeds with such cure, Tenant’s time to cure such failure shall be extended for to the time necessary to cure samethe condition, but in no event longer than ninety not to exceed a total of sixty (9060) days, days (inclusive of the original 30-day period, (ii) those set forth in any of Sections 8.B., 17, 21, 22, 26, 35, 36, 37 and 38 hereof, as to which a specific timeframe for the performance of such covenant or obligation is set forth therein, and (iii) any Default arising under subsections (330 days), (4), (5) or (6) of this Section 19.A.. (3) If, in Landlord's reasonable opinion, Tenant's activities or presence in the Premises results in a significant, continuing or repeated threat of physical danger to other tenants and/or users of the Building, whether or not Tenant is capable of controlling such threat. (4) If Tenant, any guarantor of Tenant's performance hereunder (a "*Guarantor") or, if Tenant is a partnership, any partner of Tenant ("Partner"), shall file a voluntary petition in bankruptcy or insolvency, shall be adjudicated bankrupt or insolvent or shall file a petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future federal, state or other law, or shall make an assignment for the benefit of creditors, or shall seek or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of any Guarantor or Partner or of all or any part of the property of Tenant or of such Guarantor or Partner. (45) If, within thirty (30) days after the commencement of any proceeding against Tenant or a Guarantor or Partner, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future applicable federal, state or other law, such proceeding shall not have been dismissed or if, within thirty (30) days after the appointment of any trustee, receiver or liquidator of Tenant or any Guarantor or Partner, or of all or any part of the property of Tenant or of any Guarantor or Partner, without the acquiescence of such individual or entity, such appointment shall not have been vacated or otherwise discharged, or if any execution or attachment shall have been issued against the property of Tenant or of any Guarantor or Partner, pursuant to which the Premises shall be taken or occupied or attempted to be taken or occupied. (56) If Tenant vacates, fails to take possession of the Premises on the Lease Commencement Date or vacates or abandons or ceases to carry on its ordinary activities in the Premises prior to the Lease Expiration Date, with or without an intention of paying Rent; provided, however, that if (i) Tenant gives Landlord at least thirty (30) days prior written notice that it intends to vacate the Premises, (ii11) Tenant pays the full amount of all Rent when due under this Lease while the Premises are vacant, (111) the fact that the Premises are vacant does not adversely affect the Building or other tenants therein and does not result in any liability to, or expenditure of funds by, Landlord, and (iiiiv) Tenant leaves the Premises in a condition reasonably satisfactory to Landlord and continues to maintain the Premises, Premises in the a condition required by this Lease satisfactory to Landlord throughout the remainder of the Term, then, and in such event only, Tenant shall not be deemed to be in Default under this Section 19.A.(6) and Landlord shall have the right, exercisable by sending written notice to Tenant, to sublet from Tenant for the balance of the Term of this Lease all or any portion of the Premises at Tenant’s then rental rate hereunderPremises, or to terminate this Lease as to all or any portion of the Premises, which rights of Landlord as to subletting and termination shall be exercisable by Landlord in its sole discretion. (6) Failure of Tenant to comply with or perform any covenant or obligation under Section 8.B., 17, 21, 22, 26, 35, 36, 37 or 38 hereof within the specific timeframe for the performance of such covenant or obligation set forth in the applicable Section.