Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a) (c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 16 contracts
Sources: Lease Agreement (Sunrise Telecom Inc), Lease Agreement (Gametech International Inc), Lease Agreement (North Valley Bancorp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 14 contracts
Sources: Lease Agreement (Mossimo Inc), Multi Tenant Industrial Lease (Carbite Golf Inc), Standard Industrial/Commercial Multi Tenant Lease (Photon Dynamics Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 11 contracts
Sources: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Air Packaging Technologies Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 6 contracts
Sources: Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc), Standard Industrial Lease (Qad Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ; (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 5 contracts
Sources: Form 10 K/A, Lease Agreement (Amerigon Inc), Standard Industrial/Commercial Multi Tenant Lease (RVision, Inc.)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 5 contracts
Sources: Lease Agreement (Meade Instruments Corp), Commercial Single Tenant Lease (Cryenco Sciences Inc), Lease Agreement (Coyote Sports Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 4 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease (Vantagemed Corp), Lease Agreement (Big Dog Holdings Inc), Lease Agreement (Quality Systems Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or of not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 4 contracts
Sources: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Sublease Agreement (Artest Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, cured or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 3 contracts
Sources: Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc), Standard Industrial Lease (Alpha Technologies Group Inc)
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), or (iii) during the time Lessee Tenant is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Tenant’s inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.
Appears in 3 contracts
Sources: Lease (Penumbra Inc), Lease Agreement (Penumbra Inc), Lease Agreement (EGAIN Corp)
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Landlord gives to Tenant a notice of Default under Paragraph default pursuant to paragraph 13.1 (c) or 13.1 (d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Landlord is due Lessor from Lessee is Tenant and unpaid (without regard to whether any necessity for notice thereof to Tenant) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionc), or paragraph 13.1 (d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Tenant attempts to exercise the subject Option, (iv) if Tenant has committed any non-curable breach, including without limitation those described in paragraph 13.1 (b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Tenant’s inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Tenant fails to commence to cure a default specified in paragraph 13.1 (d) within thirty (30) days after the date that Landlord gives notice to Tenant of such default and/or Tenant fails thereafter to diligently prosecute said cure to completion, or (iii) Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1 during any twelve (12) month periodc), or paragraph 13.1 (d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach Tenant has committed any non-curable breach, including without limitation those described in paragraph 13.1 (b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 3 contracts
Sources: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 3 contracts
Sources: Lease Agreement (3dshopping Com), Lease Agreement (Smartflex Systems Inc), Standard Industrial/Commercial Multi Tenant Lease (Skechers Usa Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 3 contracts
Sources: Standard Office Lease (Guess Inc Et Al/Ca/), Standard Office Lease (Icx Electronics Inc), Standard Office Lease (Smartflex Systems Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor 18 due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time Immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) If Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise In default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability Inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails falls to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if If Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise In default of any of the terms, covenants and conditions of this Lease.
Appears in 2 contracts
Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or of effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 2 contracts
Sources: Standard Office Lease (Loudeye Technologies Inc), Standard Office Lease (Entertainment Boulevard Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: contrary (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of such defaults, or paragraph 13.1(c) month period immediately preceding the exercise of the Option, whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, if after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Standard Industrial Lease (Patriot Motorcycle Corp), Standard Industrial Lease (Patriot Motorcycle Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 2 contracts
Sources: Standard Office Lease (Interpacket Networks Inc), Sublease (Macrovision Corp)
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), or (iii) during the time Lessee Tenant is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Multi Tenant Lease Modified Net (SBS Technologies Inc), Lease Agreement (SBS Technologies Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Standard Industrial Lease (LJL Biosystems Inc), Standard Industrial Lease (Qad Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the tile contrary: ; (i) during the period commencing with the (he giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in material Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 1 3. 1, whether or not the Defaults are cured, during the twelve (12I 2) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall Shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, Lease (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of and after Lessor to give gives notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a material Breach of this Lease.
Appears in 2 contracts
Sources: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease (Microage Inc /De/)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, if after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Standard Industrial Lease (Park Electrochemical Corp), Standard Industrial Lease (Park Electrochemical Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, . notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period Period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under und~ Paragraph 13.1 13~1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period Period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a39~4(a)
(c) All rights of Lessee under udder the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 13~1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if if' Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Micro General Corp), Lease Agreement (Micro General Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ; (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Consolidated Capital of North America Inc), Sublease Agreement (Exodus Communications Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Centaur Pharmaceuticals Inc), Lease Agreement (Centaur Pharmaceuticals Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without but regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Overstock Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Overstock Com Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time (within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a Lessor’s monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or and (ii) Lessor gives give to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ' (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (iiu) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), . or (iiixi) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionoption, whether or not the Defaults are cured.
(b) The period of time lime within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, . notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, :
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Futon World Inc), Lease Agreement (Futon World Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee▇▇▇▇▇▇'s inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Future Media Productions), Lease Agreement (Future Media Productions)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a). 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, at any time during the twelve (12) month period immediately preceding the exercise of the Optionlease term, whether or not the Defaults are cured, during the 12 month period immediately prededing the exercise of the Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, Option if after such exercise and during the initial term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) two or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Commercial Lease (American Consolidated Management Group Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 12.1 (c) or 12.1 (d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve paragraph 12.1 (12) month period immediately preceding the exercise of the Optionc), or paragraph 12.1(d), whether or not the Defaults defaults are curedcured during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 12.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 36.5(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 12.1
(d) within thirty (3) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve paragraph 12.1(c), or paragraph (12d) month period, whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach including without limitation those described in paragraph 12.1 (b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Lessor, has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days stays after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 38.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee) or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iiiv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ; (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, Lease (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 25 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Landlord gives to Tenant a notice of Default under Paragraph 13.1 default pursuant to paragraph 14.1 and continuing until the noticed Default default alleged in such notice of default is cured, or (ii) during the period at any time after any other Event of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee)Default described in paragraph 14.1, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph 13.1 paragraph 14.1, or Tenant has committed an Event of Default three or more times under paragraph 14.1, whether or not the Events of Default are cured, in each case during the twelve (12) month period immediately preceding prior to the time that Tenant intends to exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions of Paragraph 39.4(a)the foregoing paragraph. An Option and all rights of Tenant thereunder shall terminate upon the termination or expiration of this Lease or upon the termination of Tenant's right of occupancy under this Lease.
(c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term Term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation Tenant commits an Event of Lessee for a period Default which has not been cured or an Event of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default which by its nature cannot be cured under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Leaseparagraph 14.1.
Appears in 1 contract
Sources: Build to Suit Lease (Intuit Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee falls thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(5), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Modification Agreement (Natural Gas Vehicle Systems Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Industrial/Commercial Multi Tenant Lease (Creative Computers Inc)
Effect of Default on Options. (a) Lessee shall Shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1 (d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty(30) days after the date that lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1 (e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1(b), or paragraph 13.1 during any twelve (12) month periodc), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the it any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1 (c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1 (a), 13.1 (d) or 13.1 (e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1 during any twelve (12) month periodb), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1 (c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), nor (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if. If, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee) or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Redenvelope Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the period of time commencing on the day after a monetary obligation to Lessor is due from Lessee and unpaid (without any necessity for notice thereof to Lessee) and continuing until the obligation is in Breach of this Leasepaid, or (iviii) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Sources: Lease (Arqule Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach of this Leaseparagraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee▇▇▇▇▇▇'s inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d), or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Sublease Agreement (Iprint Com Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: contrary (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding proceeding the exercise exercises of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Lessees inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Lessees due and timely exercise of the Option, if. If, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Pacific Gulf Properties Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.. Initials _________ _________
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 10.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 10.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 10 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Industrial Lease (American Craft Brewing International LTD)
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Optionany Option set forth in this Paragraph 39, notwithstanding any provision in the grant of the Option to the contrary: , (i) during if Tenant has committed any non-curable material default, or (ii) from the period commencing with the giving of any date Landlord gives Tenant notice of Default under Paragraph 13.1 and continuing a curable default until the noticed Default default is cured, or (iiiii) during from the period of time any day after a monetary obligation to Landlord is due Lessor from Lessee is Tenant and unpaid (without regard to whether any necessity of notice thereof to Tenant) until the obligation is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, paid; or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 if, during the twelve (12) month period immediately preceding prior to the date Tenant gives Landlord notice of Tenant's exercise of the Optionoption, Landlord has given to Tenant three or more notices of default under Paragraph 13.1 (b) or (c), whether or not the Defaults defaults are cured.
(b) . The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option option because of the provisions of this Paragraph 39.4(a)39.
(cb) All rights of Lessee Tenant under the provisions of an any Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, if after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor a monetary obligation of Lessee for a period of to Landlord within thirty (30) days after receipt of written notice of such obligation becomes due delinquency, (without any necessity of Lessor ii) Tenant fails to give cure a default when required after notice thereof given pursuant to LesseeParagraph 13.1 (c), or (iiiii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during default (in any consecutive twelve (12) month period) under Paragraph 13.1 (c), whether or not the Defaults defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Leaseany non-curable material default.
Appears in 1 contract
Sources: Lease Agreement (Capital Bank Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that even) That Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)39.4
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after attar such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if it Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee Lessor three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month months period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Intek Information Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is Defaulis cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.,
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee Lessee, for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Staar Surgical Company)
Effect of Default on Options. (a) 38.4.1 Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1.3 or 13.1.4 and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1.3, or paragraph 13.1.4, whether or not the Defaults defaults are cured, during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1.2, or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) 38.4.2 The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)paragraph 38.4.1.
(c) 38.4.3 All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1.4 within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1.3, or paragraph 13.1.4, whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1.2, or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Sources: Standard Lease (Microelectronic Packaging Inc /Ca/)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, Option notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Vans Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charges becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this LeaseLeases, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force fore or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of and Lessor to give gives notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease Gross (Centaur Pharmaceuticals Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, ifit, after alter such exercise and during the term of this LeaseLeast, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee tails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial Lease (Entech Environmental Technologies Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.Lessee
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Leap Wireless International Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until unfit the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, :
(i) Lessee fails tails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, . whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Critical Path Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date when Lessor gives to Lessee a notice of Default under Paragraph 13.1 pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed noncompliance alleged in said notice of Default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of Default described in Breach paragraph 13.1(a), 13.1(d), or 13.1(e) without any necessity of this LeaseLessor to give notice of such Default to Lessee, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults are cured, during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 38.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a Default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such Default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a Default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such Default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Agreement (WTC Industries Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in In the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph default pursuant to paragraph 13.1 (c) or 13.1 (d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or . Or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability Inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails falls to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1 (d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c). or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor give to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1 (a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding not withstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Who Vision Systems Inc /Fl)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charges becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial Lease (Butterfield & Butterfield Auctioneers Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee) or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iiiv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice notices of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Default under paragraph 13.1 whether the Defaults under Paragraph 13.1 are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a30.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, cured or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Agreement (American Materials & Technologies Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (iI) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (iiII) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iiiIII) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)39.4
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Metacreations Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) If Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation obligations of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curabe breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee▇▇▇▇▇▇'s inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Renewal (Egghead Inc /Wa/)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of FULL SERVICE-GROSS REVISED Initials [Illegible] default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise In default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Sources: Standard Office Lease (Superior National Insurance Group Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed notice Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)39.
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Starbase Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason reasons of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease (Spectratek Technologies Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period ???? commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d) or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge has become payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a) 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial Lease (Supershuttle International Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.l(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.l(a), 13.l(d), or 13.1 (e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, if after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after alter such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1 (a),13.l(d) or 13.1 (e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.l(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial Lease (Microtel International Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's ’s inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's ’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1 (d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraphs 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, Option if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an any Option, notwithstanding any provision in the grant of the Option to the contrary: , (i) during if Tenant has committed any non-curable material default, or (ii) from the period commencing with the giving of any date Landlord gives Tenant notice of Default under Paragraph 13.1 and continuing a curable default until the noticed Default default is cured, or (iiiii) during from the period of time any day after a monetary obligation to Landlord is due Lessor from Lessee is Tenant and unpaid (without regard to whether any necessity of notice thereof to Tenant) until the obligation is given Lessee), or (iii) during the time Lessee is in Breach of this Leasepaid, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 if, during the twelve (12) month period immediately preceding prior to the date Tenant gives Landlord notice of Tenant's exercise of the Optionoption, Landlord has given to Tenant three or more notices of default under paragraph 13.1 (b) or (c), whether or not the Defaults defaults are cured.
(b) . The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option option because of the provisions of Paragraph 39.4(a)this paragraph.
(cb) All rights of Lessee Tenant under the provisions of an any Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, if after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor a monetary obligation of Lessee for a period of to Landlord within thirty (30) days after such obligation becomes due (without any necessity necesssity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Tenant fails to cure a default when required after notice given pursuant to paragraph 13.1(c), or (iii) Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee Tenant commits a Breach of this Leaseany non-curable material default.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days alter the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d). whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b) or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if. If, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a or monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Sources: Standard Office Lease (Chemdex Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Spectranetics Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under pursuant to Paragraph 13.1 l2.1{b) or 12. 1(c) and continuing until the noticed Default default alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach Paragraphs l2.1(a), l2.1(d), or l2.1(e) (without any necessity of this Lease, Lessor to give notice of such default to Lessee) or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 l2.l{b), where late charge becomes payable under Paragraph 12.4 for each of such defaults, or Paragraph 12.1{c) whether or not the defaults are cured, during the twelve (12) month period immediately preceding prior to the time that Lessee intends to exercise of the subject Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a40.4{a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in Paragraph l2.l(c) within thirty (30) days after the date that Lessor gives notice of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in Paragraph 12.1(a), l2.1(d) or l2.l(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodl2.1{b), where a late charge becomes payable under Paragraph 12.4 for each default, or Paragraph 12.I(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Industrial Lease (Golden West Brewing Company, Inc.)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
40.1 Lessee hereby acknowledges that Lessor shall have no obligation whatsoever to provide guard service or other security measures for the benefit of the Premises or the Office Building Project. Lessee assumes all responsibility for the protection of Lessee, its agents, and invitees and the property of Lessee and of Lessee's agents and invitees from acts of third parties. Nothing herein contained shall prevent Lessor, at Lessor's sole option, from providing security protection for the Office Building Project or any part thereof, in which event the cost thereof shall be included within the definition of Operating Expenses, as set forth in paragraph 4.2(b).
40.2 Lessor shall have the following rights:
(ca) All rights To change the name, address or title of Lessee under the provisions of an Option shall terminate and be of no further force Office Building Project or effectbuilding in which the Premises are located upon not less than 90 days prior written notice;
(b) To, notwithstanding at Lessee's due expense, provide and timely exercise install Building standard graphics on the door of the Option, if, after Premises and such exercise and during portions of the term of this Lease, (i) Lessee fails to pay to Common Areas as Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.shall reasonably deem appropriate;
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of an Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Formfactor Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period perioed commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (Saba Petroleum Co)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed said Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee Rent is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Lessee has been given to Lessee three (3) or more notices of separate Default, whether or not the Defaults under Paragraph 13.1 are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an An Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during prior to the term commencement of this Leasethe extended term, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee Rent for a period of thirty (30) days after such obligation Rent becomes due (without any necessity of Lessor to give notice thereof to Lesseethereof), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 Default during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a material uncured Breach of this Lease. the care and cleanliness of the grounds and including the parking, loading and unloading of vehicles, and that Lessee will pay its fair share of common expenses incurred in connection therewith.
Appears in 1 contract
Sources: Lease Agreement (Litronic Inc)
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), or (iii) during the time Lessee Tenant is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Tenant’s inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee)due, or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), or (iii) during the time Lessee Tenant is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's Tenant’s inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's Tenant’s due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iiiii) if Lessee Tenant commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease (Penumbra Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
(b) The period of time within withing which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and an during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1
(d) withing thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 paragraph 13.1(c), or paragraph 13.1(d), whether or not the defaults are cured, during the twelve (12) month period of time immediately preceding prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, including without limitation those described in paragraph 13.1(d), or is otherwise in default of any of the Optionterms, whether covenants or not the Defaults are curedconditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12paragraph 13.1(c) month period, whether or not the Defaults are curedparagraph 13.1(d), or (iii) if Lessee commits a Breach is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Sources: Lease Addendum (Notify Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: ; (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) NET FORM L001 6/91 Initials MS ----- JC,PC ----- in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, Lease (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Single Tenant Lease Net (Southwall Technologies Inc /De/)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee)unpaid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are curedif such Default has, in fact, occurred.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month periodperiod if such Defaults, in fact, occurred, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this LeaseLeases, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force fore or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of due, and Lessor to give gives notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(ca) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Standard Industrial/Commercial Multi Tenant Lease (Esynch Corp/Ca)
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph paragraph 13.1 and continuing until the noticed Default is cured, ; or (ii) during the period of time any monetary obligation due Lessor Landlord from Lessee Tenant is unpaid (without regard to whether notice thereof is given LesseeTenant), ; or (iii) during the time Lessee Tenant is in Breach of this Lease, ; or (ivvi) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Default under paragraph 13.1, whether or not the Defaults under Paragraph 13.1 are cured, during the twelve (12) month 12)-month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions provision of Paragraph paragraph 39.4(a).
(c) All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee Tenant for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults Default under Paragraph paragraph 13.1 during any twelve (12) month 12)-month period, whether or not the Defaults are cured, or (iii) if Lessee Tenant commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if. If, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee Tenant shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Landlord gives to Tenant a notice of Default under Paragraph 13.1 default and continuing until the noticed Default noncompliance alleged in the notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Landlord is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Tenant) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor Landlord has given to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optiondefault, whether or not the Defaults defaults are cured.
(b) , during the 12 month period of time immediately prior to the time that Tenant attempts to exercise the Option. The period of time within which an Option may be exercised shall not be extended or enlarged by reason of LesseeTenant's inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) this paragraph. All rights of Lessee Tenant under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding LesseeTenant's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee Tenant fails to pay to Lessor Landlord a monetary obligation of Lessee for a period of thirty (30) days after Tenant when such obligation becomes due (without any necessity of Lessor Landlord to give notice thereof to LesseeTenant), or (ii) Lessor Tenant fails to commence to cure a default within the applicable grace period after the date that Landlord gives notice to Tenant of such default and/or Tenant fails thereafter to diligently prosecute said cure to completion, or (iii) Landlord gives to Lessee Tenant three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month periodor default, whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Lease (Smartdisk Corp)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default delay alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default describe in Breach paragraph 13.1(a), 13.1(d), or 13.1(e) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise paragraph 13.1(b), where a late charge becomes payable under paragraph 13.4 for each of the Optionsuch defaults, or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12 month period prior to the time that Lessee intends to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) 30 days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within 30 days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.19a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.19b), where a late charge becomes payable under paragraph 13.4 for each such default, or paragraph 13.19c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the day after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity 1or notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the time Lessee is in Breach of this Lease, or (iv) in In the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(c), or paragraph 13.1(d), whether or not the Defaults defaults are cured, during the 12 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non-curable breach, or is otherwise in default of any of the terms, covenants or conditions of this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph paragraph 13.1(c) or paragraph 13.1 during any twelve (12) month periodd), whether or not the Defaults defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation those described in paragraph 13.1 (b), or is otherwise in default of any of the terms, covenants and conditions of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or of (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Sources: Sublease Agreement (Inland Northwest Bancorporation Inc)
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: , (i) during the period time commencing with from the giving of any date when Lessor gives to Lessee a notice of Default under Paragraph 13.1 default pursuant to paragraph 13.1(b) or 13.1(c) and continuing until the noticed Default noncompliance alleged in said notice of default is cured, or (ii) during the period of time any commencing on the date after a monetary obligation to Lessor is due Lessor from Lessee is and unpaid (without regard to whether any necessity for notice thereof to Lessee) and continuing until the obligation is given Lessee)paid, or (iii) during the at any time Lessee is after an event of default described in Breach paragraph 13.1(a), 13.1(d), or 13.1(e) without any necessity of this LeaseLessor to give notice of such default to Lessee, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Optionparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, during the 12-month period of time immediately prior to the time that Lessee attempts to exercise the subject Option.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 38.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, ,
(i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessee fails to commence to cure a default specified in paragraph 13.1(c) within thirty (30) days after the date that Lessor gives notice to Lessee of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) Lessee commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Lessor to give notice of such default to Lessee), or (iv) Lessor gives to Lessee three (3) or more notices of separate Defaults default under Paragraph 13.1 during any twelve (12) month periodparagraph 13.1(b), or paragraph 13.1(c), whether or not the Defaults defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a)
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if0, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if it Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or of effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract
Effect of Default on Options. (a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i) during the period commencing with the giving of any notice of Default under Paragraph 13.1 and continuing until the noticed Default is cured, or (ii) during the period of time any monetary obligation due Lessor from Lessee is unpaid (without regard to whether notice thereof is given Lessee), or (iii) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessor has given to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 13.1, whether or not the Defaults are cured, during the twelve (12) month period immediately preceding the exercise of the Option, whether or not the Defaults are cured.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee▇▇▇▇▇▇'s inability to exercise an Option because of the provisions of Paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are cured, or (iii) if Lessee commits a Breach of this Lease.
Appears in 1 contract