Common use of Defaults by Tenant Clause in Contracts

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due [except that the first time such failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five (5) days after notice from Landlord]; (ii) any failure by Tenant to observe and perform any other provision of this Lease to be observed and performed by Tenant, where such failure continues for twenty (20) days after notice by Landlord to Tenant; (iii) failure to take possession or delivery of the Premises within ten (10) days after notice from Landlord that the Premises are ready for occupancy, or abandonment of the Premises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; (iv) Tenant’s interest in this Lease or in all or a part of the Premises is taken by process of law directed against Tenant, or becomes subject to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within ten (10) days; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) is unable to pay such party’s debts generally as they become due; (b) makes an assignment of all or a substantial part of such party’s property for the benefit of creditors; (c) convenes or attends a meeting of such party’s creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition of such party’s debts; (d) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease; or (e) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vi) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within sixty (60) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due [except that the first time such failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five (5) days after notice from Landlord]; (ii) any failure by Tenant to observe and perform any other provision of this Lease to be observed and performed by Tenant, where such failure continues for twenty (20) days after notice by Landlord to Tenant; (iii) failure to take possession or delivery of the Premises within ten (10) days after notice from Landlord that the Premises are ready for occupancy, or abandonment of the Premises, i.e., the failure by Tenant or Tenant’s 's employees to occupy the Premises for ten (10) consecutive days; (iv) Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against Tenant, or becomes subject to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within ten (10) days; (v) Tenant or any guarantor of Tenant’s 's obligations under this Lease: : (a) is unable to pay such party’s 's debts generally as they become due; (b) makes an assignment of all or a substantial part of such party’s 's property for the benefit of creditors; (c) convenes or attends a meeting of such party’s 's creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition of such party’s 's debts; (d) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (e) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vi) Tenant or any guarantor of Tenant’s 's obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s 's obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, insolvent and such order, judgment or decree will not be vacated, set aside or dismissed within sixty (60) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: : (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due [except that the first time such failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five (5) days after notice from Landlord]; ; (ii) any failure by Tenant to observe and perform any other provision of this Lease to be observed and performed by Tenant, where such failure continues for twenty (20) days after notice by Landlord to Tenant; ; (iii) failure to take possession or delivery of the Premises within ten (10) days after notice from Landlord that the Premises are ready for occupancy, or abandonment of the Premises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; ; (iv) Tenant’s interest in this Lease or in all or a part of the Premises is taken by process of law directed against Tenant, or becomes subject to any attachment at the instance of any creditor of or claimant Section Two Page 17 Landlord Initials: /s/ ONB against Tenant, and such attachment is not discharged within ten (10) days; ; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) is unable to pay such party’s debts generally as they become due; (b) makes an assignment of all or a substantial part of such party’s property for the benefit of creditors; (c) convenes or attends a meeting of such party’s creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition of such party’s debts; (d) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease; or (e) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; ; (vi) Tenant or any guarantor of Tenant’s Tenants obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within sixty (60) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will ------------------ constitute a default under this Lease by Tenant: : (ia) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due [due, where such failure continues for ten (10) days after notice by Landlord to Tenant, except that the first time such Landlord shall in no event be required to give more than two (2) notices of a recurring failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five ; (5) days after notice from Landlord]; (iib) any failure by Tenant to observe and perform any other provision of this Lease to be observed and performed by Tenant, where such failure continues for twenty thirty (2030) days after notice by Landlord to Tenant; Tenant (iiiprovided, however, that if the cure of such act or omission requires, despite the use of diligent efforts, a period in excess of thirty (30) days, then such thirty (30) day period shall be extended for so long as Tenant pursues the cure thereof with reasonable diligence), except that Landlord shall in no event be required to give more than two (2) notices of a recurring failure to take possession or delivery of the Premises within ten during each calendar year; (10) days after notice from Landlord that the Premises are ready for occupancy, or abandonment of the Premises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; (ivc) Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against Tenant, or becomes subject to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within ten (10) days; ; (vd) Tenant or any guarantor of Tenant’s obligations under this Lease: (ai) is unable to pay such party’s 's debts generally as they become due; (bii) makes an assignment of all or a substantial part of such party’s 's property for the benefit of creditors; (ciii) convenes or attends a meeting of such party’s 's creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition of such party’s 's debts; (div) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (ev) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; ; (vie) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v12.1(d); or or (viif) the entry --------------- of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such partyTenant, approving a petition seeking reorganization of such party Tenant or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s Tenant's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within sixty ninety (6090) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will ------------------ constitute a default under this Lease by Tenant: : (ia) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due [due, where such failure continues for ten (10) days after notice by Landlord to Tenant, except that the first time such Landlord shall in no event be required to give more than two (2) notices of a recurring failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five ; (5) days after notice from Landlord]; (iib) any failure by Tenant to observe and perform any other provision of this Lease to be observed and performed by Tenant, where such failure continues for twenty thirty (2030) days after notice by Landlord to Tenant; Tenant (iiiprovided, however, that if the cure of such act or omission requires, despite the use of diligent efforts, a period in excess of thirty (30) days, then such thirty (30) day period shall be extended for so long as Tenant pursues the cure thereof with reasonable diligence), except that Landlord shall in no event be required to give more than two (2) notices of a recurring failure to take possession or delivery of the Premises within ten during each calendar year; (10) days after notice from Landlord that the Premises are ready for occupancy, or abandonment of the Premises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; (ivc) Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against Tenant, or becomes subject to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within ten (10) days; ; (vd) Tenant or any guarantor of Tenant’s obligations under this Lease: (ai) is unable to pay such party’s 's debts generally as they become due; (bii) makes an assignment of all or a substantial part of such party’s 's property for the benefit of creditors; (ciii) convenes or attends a meeting of such party’s 's creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition of such party’s 's debts; (div) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (ev) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; ; (vie) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v12.1(d); or or (viif) the entry of a court order, --------------- judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such partyTenant, approving a petition seeking reorganization of such party Tenant or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s Tenant's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within sixty ninety (6090) days from the date of entry.

Defaults by Tenant. (a) The occurrence of any of the following will shall constitute a default under and breach of this Lease Agreement by Tenant: (i1) Tenant shall default in the payment of any failure by Tenant to pay an installment of Base Annual Rent rent, additional rent or to make any other payment required under this Lease when due [except that to be made by Tenant hereunder, and the first time such failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five shall continue for ten (5I 0) days after notice from Landlord];the date when the same was due; and/or (ii2) any The abandonment or vacation of the Premises by Tenant; and/or (3) The failure by Tenant to observe and perform any other provision of this Lease Agreement to be observed and or performed by Tenant, where such failure continues for twenty thirty (2030) days after written notice thereof by Landlord to Tenant;; provided however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall, within such period, commence such cure and thereafter diligently prosecute the same to completion; and/or (iii4) failure The making by Tenant of any general assignment for the benefit of creditors; the filing by or against Tenant (or any guarantor of Tenant) of a petition to have Tenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or delivery of Tenant's interest in this Agreement, where possession is not restored to Tenant within forty-five (45) days; or the attachment, execution or other judicial seizure or non-judicial repossession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Agreement, where such seizure or repossession, as the case may be, is not discharged within forty-five (45) days; or any Tenant, guarantor of Tenant, sublessee or assignee with respect to this Agreement shall die or, in the case of corporations, shall have its corporate existence terminated. (b) In the event of any such default by Tenant, then in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Agreement and all rights of Tenant hereunder by giving written notice of such intention to terminate. (c) In the event of any such default by Tenant, Landlord shall also have the right to re-enter the Premises and remove all persons and property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. (d) In the event of the vacation or abandonment of the Premises by Tenant or in the event that Landlord shall elect to re-enter as provided in paragraph (c) above or shall take possession of the Premises pursuant to legal proceedings or pursuant to any notice provided by law, and if Landlord does not elect to terminate this Agreement as provided in paragraph (b) above, then Landlord may from time to time, without terminating this Agreement, either recover all rental as it becomes due or relet the Premises or any parts thereof for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. Tenant acknowledges that in the event of its vacation or abandonment of the Premises or in the event Landlord shall re-enter the Premises after any other default or breach by Tenant, Landlord shall have no obligation to actively seek a suitable substitute Tenant or Tenants, but rather such shall be the sole obligation of Tenant. (e) In the event that Landlord shall elect to so relet, then rentals received by Landlord from such reletting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Premises; fourth, to the payment of rent and additional rent due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future rent and additional rent as the same may become due and payable hereunder. Should that portion of such rentals received from such reletting during any month, which is applied to the payment of rent hereunder, be less than the rent payable during that month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord within ten (10) days after notice Landlord shall ▇▇▇▇ Tenant for same. Such deficiency shall be calculated and paid monthly. Tenant shall also pay to Landlord, as soon as ascertained, any costs and expense incurred by Landlord in such reletting or in making such alterations and repairs not covered by the rentals received from Landlord that the Premises are ready for occupancy, or abandonment such reletting of the Premises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days;. (ivf) Tenant’s interest in this Lease No re-entry or in all or a part taking possession of the Premises is taken by process of law directed against Tenant, or becomes subject Landlord pursuant to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within ten (10) days; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) is unable to pay such party’s debts generally as they become due; (b) makes an assignment of all or a substantial part of such party’s property for the benefit of creditors; paragraphs (c) convenes or attends a meeting of such party’s creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition of such party’s debts; (d) applies for of this Article shall be construed as either an acceptance of surrender or consents an election to terminate this Agreement nor shall it cause a forfeiture of rents or acquiesces in other charges remaining to be paid during the appointment balance of the Term, unless a receiver, trustee, liquidator, or custodian written notice of such party intention be given to Tenant or unless the termination thereof be decreed by a court of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease; or (e) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or competent jurisdiction. Notwithstanding any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage reletting without termination by Landlord because of any insolvency law or files an answer admitting the material allegations of a petition filed against default by Tenant, Landlord may at any time after such party in any bankruptcy, relief, reorganization or insolvency proceedings; (vi) Tenant or any guarantor of Tenant’s obligations under default elect to terminate this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within sixty (60) days from the date of entryAgreement.

Defaults by Tenant. The occurrence of any of the following will ------------------ constitute a default under this Lease by Tenant: : (ia) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due [due, where such failure continues for ten (10) days after notice by Landlord to Tenant, except that the first time such Landlord shall in no event be required to give more than two (2) notices of a recurring failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five ; (5) days after notice from Landlord]; (iib) any failure by Tenant to observe and perform any other provision of this Lease to be observed and performed by Tenant, where such failure continues for twenty thirty (2030) days after notice by Landlord to Tenant; Tenant (iiiprovided, however, that if the cure of such act or omission requires, despite the use of diligent efforts, a period in excess of thirty (30) days, then such thirty (30) day period shall be extended for so long as Tenant pursues the cure thereof with reasonable diligence), except that Landlord shall in no event be required to give more than two (2) notices of a recurring failure to take possession or delivery of the Premises within ten during each calendar year; (10) days after notice from Landlord that the Premises are ready for occupancy, or abandonment of the Premises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; (ivc) Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against Tenant, or becomes subject to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within ten (10) days; ; (vd) Tenant or any guarantor of Tenant’s obligations under this Lease: (ai) is unable to pay such party’s 's debts generally as they become due; (bii) makes an assignment of all or a substantial part of such party’s 's property for the benefit of creditors; (ciii) convenes or attends a meeting of such party’s 's creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition of such party’s debtsparty'sdebts; (div) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (ev) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; ; (vie) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v12.1(d); or or (viif) the entry of a court order, --------------- judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such partyTenant, approving a petition seeking reorganization of such party Tenant or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s Tenant's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within sixty ninety (6090) days from the date of entry.

Defaults by Tenant. The occurrence of any of the following will shall constitute a an event of default under this Lease by Tenant: (i) any 10.1.1 Any failure by Tenant to pay an installment of Base Annual Rent or to make any and other payment required under this Lease sums payable hereunder when due [except that due, if the first time such failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within continues for five (5) business days after notice from Landlord];has been given by Landlord to Tenant. (ii) any 10.1.2 Any failure by Tenant to observe and perform any other provision provisions of this Lease to be observed and performed by Tenant, where such failure is curable and continues uncured for twenty thirty (2030) days after notice by Landlord to Tenant; (iii) failure to take possession or delivery , provided that, if the nature of the Premises failure is such that it cannot be reasonably cured within ten thirty (1030) days after notice from Landlord that days, Tenant shall not be deemed in default if it shall commence curing the Premises are ready for occupancy, failure within such thirty- (30-) day period and diligently prosecutes same to completion. 10.1.3 The abandonment or abandonment vacating of any of the Premises, i.e., Care Centers or the failure by Tenant Office Building (absence from the Care Center or Office Building or Tenant’s employees 's ceasing to occupy do business from any of the Premises Care Centers for ten (10) consecutive days;days or more) shall conclusively be deemed an abandonment or vacating of the Premises). (iv) 10.1.4 Tenant’s 's interest in this Lease or in all or a part of the Premises is taken by process of law directed against TenantTenant (other than condemnation or other governmental taking), or becomes subject to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within ten ninety (1090) days;. (v) 10.1.5 Tenant or any guarantor of Tenant’s 's obligations under this Lease: Lease (a) is unable to pay such party’s 's debts generally as they become due; (b) makes an assignment of all or a substantial part of such party’s 's property for the benefit of creditors; (c) convenes or attends a meeting of such party’s 's creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition consolidation of such party’s 's debts; (d) applies for or consents to or acquiesces in to the appointment of a receiver, trustee, liquidator, liquidator or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease; or (e) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings;. (vi) Tenant or any guarantor of Tenant’s obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the 10.1.6 The entry of a court order, judgment or decree against Tenant or any the guarantor of Tenant’s 's obligations under this Lease, Lease without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, reorganization or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, liquidator or custodian of such party or of all or a substantial part of such party’s 's property or of the Premises or of Tenant’s 's interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within sixty thirty (6030) days from the date of entry. 10.1.7 Failure by Tenant to observe and perform any material provisions of this Lease to be observed and performed by Tenant, where such failure is not curable. 10.1.8 The occurrence of an event of default or breach by Tenant under any other agreement or lease between Landlord and Tenant, or between Tenant and ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ and/or the ▇▇▇▇▇▇ FAMILY LIVING TRUST, where under the terms of such agreement or lease there is no period provided for the cure of such default or breach, or if a cure period is provided thereunder, then the expiration of such cure period without Tenant's having effected such cure. 10.1.9 The occurrence of an event of default or breach by Tenant under any instrument evidencing the subordination of this Lease to any deed of trust in favor of LTC or any default by Tenant under any other agreement or instrument required by LTC as a condition to LTC's consenting to the terms of this Lease, where under the terms of such agreement or instrument there is no period provided for the cure of such default or breach, or if a cure period is provided thereunder, then the expiration of such cure period without Tenant's having effected such cure. The notices required under this SECTION 10.1 are the only notices required to be given by Landlord to Tenant in the event of Tenant's default and are not in addition to any statutory notices otherwise required by the unlawful detainer statutes of California.

Defaults by Tenant. The occurrence of any of the following will constitute a default under this Lease by Tenant: : (i) any failure by Tenant to pay an installment of Base Annual Rent or to make any other payment required under this Lease when due [except that the first time such failure occurs during each calendar year, Tenant will not be in default unless Tenant fails to pay such sum within five (5) days after notice from Landlord]; ; (ii) any failure by Tenant to observe and perform any other provision of this Lease to be observed and performed by Tenant, where such failure continues for twenty (20) days after notice by Landlord to Tenant; ; (iii) failure to take possession or delivery of the Premises within ten (10) days after notice from Landlord that the Premises are ready for occupancy, or abandonment of the Premises, i.e., the failure by Tenant or Tenant’s employees to occupy the Premises for ten (10) consecutive days; ; (iv) Tenant’s interest in Section Two Page 16 Landlord Initials: /s/ ONB this Lease or in all or a part of the Premises is taken by process of law directed against Tenant, or becomes subject to any attachment at the instance of any creditor of or claimant against Tenant, and such attachment is not discharged within ten (10) days; ; (v) Tenant or any guarantor of Tenant’s obligations under this Lease: (a) is unable to pay such party’s debts generally as they become due; (b) makes an assignment of all or a substantial part of such party’s property for the benefit of creditors; (c) convenes or attends a meeting of such party’s creditors, or any class thereof, for purposes of effecting a moratorium upon or extension or composition of such party’s debts; (d) applies for or consents to or acquiesces in the appointment of a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease; or (e) files a voluntary petition in bankruptcy or a petition or an answer seeking reorganization under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization or relief of debtors or an arrangement with creditors, or takes advantage of any insolvency law or files an answer admitting the material allegations of a petition filed against such party in any bankruptcy, relief, reorganization or insolvency proceedings; ; (vi) Tenant or any guarantor of Tenant’s Tenants obligations under this Lease takes any corporate action to authorize any of the actions set forth in Section 12.1(v); or (vii) the entry of a court order, judgment or decree against Tenant or any guarantor of Tenant’s obligations under this Lease, without the application, approval or consent of such party, approving a petition seeking reorganization of such party or relief of debtors under the Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, or relief of debtors or granting an order for relief against it as debtor or appointing a receiver, trustee, liquidator, or custodian of such party or of all or a substantial part of such party’s property or of the Premises or of Tenant’s interest in this Lease, or adjudicating such party bankrupt or insolvent, and such order, judgment or decree will not be vacated, set aside or dismissed within sixty (60) days from the date of entry.