Common use of Default of Tenant Clause in Contracts

Default of Tenant. The occurrence of any one or more of the following events shall 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 under this Lease within 5 days or Landlord's delivery of written notice to Tenant that said amounts are past due; (b); (c) Tenant's failure to promptly and fully perform any other covenant, condition or agreement contained in this Lease where such failure continues for 30 days after written notice from Landlord to Tenant of such default; (d) the levy of a writ of attachment or execution on this Lease; (e) the making by Tenant of a general assignment for the benefit of its creditors or of an arrangement, composition, extension or adjustment with its creditors; (f) the filing by or against Tenant of a petition for relief or other proceeding under federal bankruptcy laws or state or other insolvency laws, which petition in not removed or which action is not dismissed within 90 days of its filing, 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 or of Tenant or any substantial part of its assets or property; or (g) if the interest of Tenant under this Lease is held by a partnership or by more than one person or entity, the occurrence of any act or event described in parts (e) or (f) above in respect of any partner of the partnership. Except as otherwise specified by this paragraph, in the event a nonmonetary default occurs which cannot reasonably be cured within the 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 corrective action diligently and continuously to completion.

Default of Tenant. The occurrence of any one or more Each of the following events acts or omissions of Tenant ----------------- shall constitute a default and breach an "Event of this Lease by Tenant: Default": (ai) Tenant's failure Failure or refusal to pay Basic Rental, Additional Rent or any rent or charges required other amount to be paid by Tenant under to Landlord hereunder within five (5) business calendar days after notice that the same is due or payable hereunder; said five (5) business day period shall be in lieu Initials: ________________ ________________ of, and not in addition to, the notice requirements of Section 1161 of the California Code of Civil Procedure or any similar or successor law; (ii) Except as set forth in items (i) above and (iii) through and including (vi) below, failure to perform or observe any other covenant or condition of this Lease to be performed or observed within 5 thirty (30) days or Landlord's delivery of following written notice to Tenant that said amounts are past due; (b); (c) Tenant's failure to promptly and fully perform any other covenant, condition or agreement contained in this Lease where such failure continues for 30 days after written notice from Landlord to Tenant of such defaultfailure; (d) the levy of a writ of attachment or execution on this Lease; (e) the making by Tenant of a general assignment for the benefit of its creditors or of an arrangementprovided, compositionhowever, extension or adjustment with its creditors; (f) the filing by or against Tenant of a petition for relief or other proceeding under federal bankruptcy laws or state or other insolvency laws, which petition in not removed or which action is not dismissed within 90 days of its filing, 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 or of Tenant or any substantial part of its assets or property; or (g) if the interest nature of Tenant under this Lease such default is held by a partnership or by more than one person or entity, such that the occurrence of any act or event described in parts (e) or (f) above in respect of any partner of the partnership. Except as otherwise specified by this paragraph, in the event a nonmonetary default occurs which same cannot be reasonably be cured within the time period specified above and Tenant commences corrective action within said time a thirty (30) day period, Tenant shall not be subject deemed to penalty be in default if Tenant diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default. Such thirty (30) day notice shall be in lieu of, and not in addition to, any required under Section 1161 of the California Code of Civil Procedure or any similar or successor law; (iii) The taking in execution or by similar process or law (other than by eminent domain) of the estate hereby created; (iv) The filing by Tenant or any guarantor hereunder in any court pursuant to any statute of a petition in bankruptcy or insolvency or for reorganization or arrangement for the appointment of a receiver of all or a portion of Tenant's property; the filing against Tenant or any guarantor hereunder of any such petition, or the commencement of a proceeding for the appointment of a trustee, receiver or liquidator for Tenant, or for any guarantor hereunder, or of any of the property of either, or a proceeding by any governmental authority for the dissolution or liquidation of Tenant or any guarantor hereunder, if such proceeding shall not be dismissed or trusteeship discontinued within ninety (90) days after commencement of such proceeding or the appointment of such trustee or receiver; or the making by Tenant or any guarantor hereunder of an assignment for the benefit of creditors. Tenant hereby stipulates to the lifting of the automatic stay in effect and relief from such stay for Landlord in the event Tenant files a petition under the United States Bankruptcy laws, for the purpose of Landlord pursuing its rights and remedies against Tenant and/or a guarantor of this Lease so long as Tenant prosecutes such corrective action diligently and continuously Lease; (v) Tenant's failure to completioncause to be released any mechanics liens filed against the Premises or the Project within twenty (20) days after the date the same shall have been filed or recorded; or (vi) Tenant's failure to observe or perform according to the provisions of Articles 7, 17 or 25 within ten (10) business days after notice from Landlord.

Default of Tenant. The occurrence of (a).(I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any one other charges or more of the following events amounts under this Lease when due or shall constitute a default and breach in complying with its obligations under Sections 4.4 or 6.1.11 of this Lease by Tenant: and if any such default shall continue for ten (a10) Tenant's failure to pay any rent or charges required to be paid by Tenant under this Lease within 5 days or Landlord's delivery of written notice to Tenant that said amounts are past due; (b); (c) Tenant's failure to promptly and fully perform any other covenant, condition or agreement contained in this Lease where such failure continues for 30 days after written notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after written, notice from Landlord to Tenant of such defaultspecifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified; or (db) the levy of a writ of attachment or execution on this Lease; (e) the making if any assignment shall be made by Tenant of a general assignment for the benefit of its creditors or of an arrangement, composition, extension or adjustment with its creditors; or (c) if Tenant’s leasehold interest shall be taken on execution; of (d) if a lien or other involuntary encumbrance shall be filed against Tenant’s leasehold interest or Tenant’s other property, including said leasehold interest, and shall not be discharged within ten (10) days thereafter; or (e) if a petition shall be filed by Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) if an involuntary petition under any of the filing by provisions of any bankruptcy law or code shall be filed against Tenant of a and such involuntary petition for relief or other proceeding under federal bankruptcy laws or state or other insolvency laws, which petition in shall not removed or which action is not be dismissed within 90 thirty (30) days of its filing, 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 or of Tenant or any substantial part of its assets or propertythereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the interest assets of Tenant; or (h) if Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the result of which is intended to include dissolution or liquidation; or (i) if any order shall be entered in any proceeding by or against Tenant decreeing or permitting the dissolution of Tenant or the winding up of its affairs; or (j) if Tenant shall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord’s approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than twice to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a “Default of Tenant”), Landlord may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter give notice to Tenant terminating this Lease and the term hereof, which notice shall specify the date of termination, whereupon on the date so specified, the term of this Lease and all of Tenant’s rights and privileges under this Lease is held by a partnership or by more than one person or entity, the occurrence of any act or event described in parts (e) or (f) above in respect of any partner of the partnership. Except as otherwise specified by this paragraph, in the event a nonmonetary default occurs which cannot reasonably be cured within the time period specified above shall expire and Tenant commences corrective action within said time period, terminate but Tenant shall not be subject to penalty under this Lease so long remain liable as Tenant prosecutes such corrective action diligently and continuously to completionhereinafter provided.

Default of Tenant. The occurrence of any one or more of the following events shall constitute be a default and breach by Tenant (a "Default") under this Lease: (1) Failure of this Lease by Tenant: (a) Tenant's failure Tenant to pay Rent as and when due, if the failure continues for three (3) days after notice from Landlord specifying the failure. (2) Failure of Tenant to comply with or perform any rent material covenant or charges required to be paid by obligation of Tenant under this Lease within 5 days or Landlord's delivery Lease, other than those concerning the payment of written notice to Tenant that said amounts are past due; (b); (c) Tenant's failure to promptly and fully perform any other covenantRent, condition or agreement contained in this Lease where such if the failure continues for 30 ten (10) days after written notice from Landlord to Tenant specifying the failure. (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 default; threat. (d4) the levy If Tenant, any affiliate of Tenant, or any guarantor of Tenant's performance hereunder (a writ "Guarantor") or, if Tenant is a partnership, any partner of attachment Tenant ("Partner"), shall file a voluntary petition in bankruptcy or execution on this Lease; (e) the making by Tenant of insolvency, shall be adjudicated bankrupt or insolvent or shall file a general 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 its creditors 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. (5) If, within thirty (30) days after the commencement of any proceeding against Tenant, an affiliate of Tenant, or a Guarantor or Partner, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, extension readjustment, liquidation, dissolution or adjustment with its creditors; (f) the filing by similar relief under any present or against Tenant of a petition for relief or other proceeding under federal bankruptcy laws or future applicable federal, state or other insolvency lawslaw, which petition in such proceeding shall not removed have been dismissed or which action is not dismissed if, within 90 thirty (30) days after the appointment of its filingany trustee, receiver or liquidator of Tenant, any affiliate of Tenant, or the assumption by any court Guarantor or administrative agencyPartner, or by a receiver, trustee of all or custodian appointed by either, of jurisdiction, custody or control any part of the premises property of Tenant, any affiliate of Tenant, or of Tenant any Guarantor or any substantial part Partner, without the acquiescence of its assets or property; or (g) if the interest of Tenant under this Lease is held by a partnership or by more than one person 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 occurrence property of Tenant, any affiliate of Tenant, or of any act Guarantor or event described in parts Partner, pursuant to which the Premises shall be taken or occupied or attempted to be taken or occupied. (e6) or (f) above in respect of any partner If Tenant fails to take possession of the partnership. Except as otherwise specified by this paragraphPremises on the Lease Commencement Date or vacates, abandons or ceases to carry on its ordinary activities in the event a nonmonetary default occurs which cannot reasonably be cured within Premises prior to the time period specified above and Tenant commences corrective action within said time periodLease Expiration Date, Tenant shall not be subject to penalty under this Lease so long as Tenant prosecutes such corrective action diligently and continuously to completionwith or without an intention of paying Rent.

Default of Tenant. The occurrence of (a) (I) If Tenant shall default in its obligations to pay the Annual Fixed Rent or Additional Rent or any one other charges under this Lease when due or more of the following events shall constitute a default and breach in complying with its obligations under Subsection 6.1.11 of this Lease by Tenant: and if any such default shall continue for five (a5) Tenant's failure to pay any rent or charges required to be paid by Tenant under this Lease within 5 days or Landlord's delivery of written notice to Tenant that said amounts are past due; (b); (c) Tenant's failure to promptly and fully perform any other covenant, condition or agreement contained in this Lease where such failure continues for 30 days after written notice from Landlord designating such default, or (II) if as promptly as possible but in any event within thirty (30) days after notice from Landlord to Tenant of such defaultspecifying any default or defaults other than those set forth in clause (I) Tenant has not cured the default or defaults so specified; or (db) the levy of a writ of attachment or execution on this Lease; (e) the making if any assignment shall be made by Tenant or any guarantor of a general assignment Tenant for the benefit of its creditors or of an arrangement, composition, extension or adjustment with its creditors; or (c) if Tenant's leasehold interest shall be taken on execution; or (d) if a lien or other involuntary encumbrance shall be filed against Tenant's leasehold interest or Tenant's other property, including said leasehold interest, or against the property of any guarantor of Tenant, and shall not be discharged within ten (10) days thereafter; or (e) if a petition shall be filed by Tenant or any guarantor of Tenant for liquidation, or for reorganization or an arrangement under any provision of any bankruptcy law or code as then in force and effect; or (f) the filing by or against Tenant of a if an involuntary petition for relief or other proceeding under federal bankruptcy laws or state or other insolvency laws, which petition in not removed or which action is not dismissed within 90 days of its filing, 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 provisions of any bankruptcy law or of code shall be filed against Tenant or any substantial part guarantor of its assets or propertyTenant and such involuntary petition shall not be dismissed within thirty (30) days thereafter; or (g) if a custodian or similar agent shall be authorized or appointed to take charge of all or substantially all of the interest assets of Tenant under this Lease is held by a partnership or by more than one person any guarantor of Tenant; or entity(h) if Tenant or any guarantor of Tenant dissolves or shall be dissolved or shall liquidate or shall adopt any plan or commence any proceeding, the occurrence result of any act which is intended to include dissolution or event described in parts (e) liquidation; or (fi) above if any order shall be entered in respect any proceeding by or against Tenant or any guarantor of Tenant decreeing or permitting the dissolution of Tenant or any partner guarantor of Tenant or the partnership. Except as otherwise specified by this paragraph, in the event a nonmonetary default occurs which cannot reasonably be cured within the time period specified above and winding up of its affairs; or (j) if Tenant commences corrective action within said time periodshall fail to pay any installment of Annual Fixed Rent or Additional Rent when due, Tenant shall cure such default within the grace period provided in clause (a) (I) above (or with Landlord's approval after the expiration of such grace period) and Tenant shall, within the next year following the date such initial defaulted payment was first due, fail more than once to pay any installment of Annual Fixed Rent or Additional Rent when due, then, and in any of such cases indicated in clauses (a) through (j) hereof (collectively and individually, a "DEFAULT OF 217 TENANT"), Landlord and the agents and servants of Landlord lawfully may, in addition to and not in derogation of any remedies for any preceding breach of covenant, immediately or at any time thereafter mail a notice of termination addressed to Tenant, and repossess the same as of Landlord's former estate and expel Tenant and those claiming through or under Tenant and remove its and their effects without being deemed guilty of any manner of trespass and without prejudice to any remedies which might otherwise be subject to penalty under used for arrears of rent or prior breach of covenant, and upon such entry or mailing as aforesaid the term of this Lease shall terminate, and Landlord, without notice to Tenant, may store Tenant's effects, and those of any person claiming through or under Tenant, at the expense and risk of Tenant, and, if Landlord so long as Tenant prosecutes elects, may sell or otherwise dispose of such corrective action diligently effects at public auction or private sale or otherwise and continuously apply the net proceeds (if any) to completionthe payment of all sums due to Landlord from Tenant, if any, and pay over the balance, if any, to Tenant.