Common use of Effect of Default on Options Clause in Contracts

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 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 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 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 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 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 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(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 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, 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 (Micro Therapeutics Inc), Standard Industrial Lease (Two Dog Net 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 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 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 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 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(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 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 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 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 (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 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 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: (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 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)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, during the twelve (12) month period immediately preceding the exercise of the Option, whether or Option and said Defaults have not been cured within the Defaults are curedtime period allowed by 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(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 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 due, providing said monetary obligation is either scheduled or Lessor has at one time given Lessee a minimum of ten (10) days written notice that such monetary obligation was due, (without any necessity of Lessor to give any subsequent notice thereof to Lessee), or Lessee),or (ii) Lessor gives to Lessee three (3) or more notices of separate Defaults monetary Default under Paragraph 13.1 during any twelve (12) month period, whether or where same are not cured promptly within the Defaults are curednotice period(s) set forth in Paragraph 13.1, or (iii) if Lessee commits a Breach of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Futurelink 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 the 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, 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 (Kaynar 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 (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 ll 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: Lease Agreement (Eroom System Technologies 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 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

Sources: Standard Industrial Lease (Big Dog 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 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.l(b) or 13.l(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.l(a), 13.l(d), or 13.l(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 ’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 ’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.l(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.l(d) or 13.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 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: Industrial Lease (Transoma Medical 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, (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

Sources: Standard Office Lease (Notify Technology 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 paragraph 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; or (iv) if Lessee has committed any noncurable breach, including without limitation those described in paragraph 13.1(b), 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 option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option option because of the provisions of Paragraph 39.4(aparagraph 39.6(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) within the number of days provided in this Lease for payment of each such monetary obligation, including, but not limited to, the monetary obligations and payment periods specified in Paragraphs 4.2(e), 12.9, 13.1 and 13.4; 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 (12paragraph 13.1(c) month periodor paragraph 13.1(d), whether or not the Defaults defaults are cured, ; or (iiiiv) if Lessee commits a Breach has committed any noncurable 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: Lease Agreement (Coast 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 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 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) [INITIAL STAMP] 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 19.1 (C) or 19.1 (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 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 two (32) or more notices of separate Defaults default under Paragraph 13.1 paragraph 19.1 (C), or paragraph 19.1 (D), only if the defaults are not cured within 30 days, during any one year period the twelve (12) month period immediately preceding the exercise Term of the OptionLease, whether or not (iv) if Lessee has committed any non-curable breach, including, without limitation, those described in paragraph 19.1 (B), or is otherwise in default of any of the Defaults are curedterms, covenants or conditions of this Lease. (b) B. The period of time within which an Option in favor of Lessee 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)for any reason. [INITIAL STAMP] (c) 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 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 19.1 (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 two (32) or more notices of separate Defaults default under Paragraph 13.1 during paragraph 19.1 (C), or paragraph 19.1 (D), with any twelve (12) month one year period, whether or not the Defaults are cured, or (iiiiv) if Lessee commits a Breach has committed any non-curable breach, including without limitation if the defaults are not cured within 30 days those described in 19.1 (B) and (F), or is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Sources: Office Lease (Advancepcs)

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 Paragraphs 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), 13.1(e) or 13.1(f) (without any necessity of this LeaseLessor to give notice of such default to Lessee), or 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 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 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, 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 Paragraphs 13.1(a), 13.1(d), 13.1(e) or 13.1(f) (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 period13.1(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 Agreement (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 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: Lease Agreement (Idealab)

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 contrarycontrary : (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) ii)t during the period of time any an 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, 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: Multi Tenant Industrial Lease (Navarre Corp /Mn/)

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 1.1 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 Lease 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 (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 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 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 Lessees 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 Lessor 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 g 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: Lease Agreement (American Custom Components 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 give 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 re cured. (b) The period of time within which an Option may be b 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 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 (Synbiotics 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(c), or Paragraph 13.1 during the twelve (12) month period immediately preceding the exercise of the Option13.1(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 monetary obligation of to Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity 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), or paragraph 13.1(d) 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 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 (Thermatrix 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 and unpaid and continuing until the obligation is unpaid (without regard to whether notice thereof 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. (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 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 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 (Cerplex Group 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 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

Sources: Standard Office Lease (Neurex Corp/De)

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 commencing with the giving of on 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 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, 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 (303) days after such obligation obligations becomes due (without any necessity of Lessor to give notice thereof to Lessee), or (ii) Lessor gives give 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: Lease Agreement (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(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 (Valley Media 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 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 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 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: Lease Agreement (Hydrogen Burner Technology 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 1 contract

Sources: Standard Industrial Lease (Polymer Solutions 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 12.1 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 12.1 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 Lessees Inability to exercise an Option because of the provisions of Paragraph 39.4(a38.4(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 12.1 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 (Embedded Support Tools 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 (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 Agreement (Specialty Laboratories)

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 by 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 (Combichem Inc)

Effect of Default on Options. (a) Lessee Lessees shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary: (i1) 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. 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: Estoppel Certificate (Livingston Enterprises 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 any 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 (Southwall Technologies Inc /De/)

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 when Landlord gives to Tenant 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 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 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 LeaseLandlord to give notice of such default to Tenant, 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 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 Tenant 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 Tenant’s inability to exercise an Option because of the provisions of Paragraph 39.4(aparagraph 38.4(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(c) 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) Tenant commits a default described in paragraph 13.1(a), 13.1(d) or 13.1(e) (without any necessity of Landlord to give notice of such default to Tenant), or (iv) 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(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 (Wireless Ronin 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(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 1 contract

Sources: Standard Office Lease (Jakks Pacific 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 the 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: Sublease Agreement (Premium Cigars International LTD)

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) 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 (Launch Media 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 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

Sources: Lease Agreement (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 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 Lessor 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 at 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

Sources: Lease Agreement (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 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 written notice of a monetary obligation to Lessor is due Lessor from Lessee and unpaid and continuing until the obligation is unpaid (without regard to whether notice thereof 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 1 month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee is in default of any of the terms, covenants or conditions of this Lease and Lessee is not diligently prosecuting the cure of such default. (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 duty 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)due, 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 is otherwise in default of any of the terms, covenants and conditions of this Lease.

Appears in 1 contract

Sources: Standard Office Lease (Rambus 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 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 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 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) 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 (21st Century 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(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 1 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 to Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), (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 Lesser of such default and/or Lessee fails thereafter to diligently prosecute said cure to completion. or (iiiii) 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 (Talarian 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 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 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 1 contract

Sources: Standard Industrial Lease (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 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 (121 2) 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 (Advanced Aerodynamics & Structures 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 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

Sources: Lease Agreement (Rita Medical 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 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

Sources: Standard Office Lease (Cyberamerica 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 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 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: 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 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: Lease Agreement (Mirage 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 (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 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 Gross (Intellisys Group Inc)

Effect of Default on Options. (a1) 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 Paragraphs 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 after 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), 13.1(e) or 13.1(f) (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 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. (b2) 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). (c3) 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 after 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 three (3) or more notices of separate Defaults under Paragraph 13.1 during any twelve (12) month period, whether or not the Defaults are curedsuch default and/or Lessee fails thereafter to diligently prosecute said cure to completion, or (iii) if Lessee commits a Breach default described in Paragraphs 13.1(a), 13.1(d), 13.1(e) or 13.1(f) (without any necessity of this Lease.Lessor to give notice of such default to Lessee), or (iv) Lessor

Appears in 1 contract

Sources: Lease (Fusion Medical 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 default alleged in said notice of default is cured, or (ii) during the period of time any commending 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, 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(d), where a late charge becomes payable under paragraph 13.4 for each 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 Agreement (Intellisys 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 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 notice 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 the 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 exercise shall not be extended or enlarged by reason of Lessee's inability to exercise an Option 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 (Clontech Laboratories 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 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 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 Lessees 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) Lessor gives g to Lessee three (3) or more notices of separate Defaults Default under Paragraph 13.1 during any twelve (12) month period, whether 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 Gross (American Custom Components 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: Standard Industrial/Commercial Multi Tenant Lease (Intertrust 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: (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(a39.4 (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 notice 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 (Farah 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: Lease Agreement (Imagemax 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 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) month period immediately preceding the exercise of the Optionor 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 of 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 default described in paragraphs 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: Standard Industrial Lease (Cavco Industries 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 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 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) 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, 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 (Advanced Aerodynamics & Structures 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 (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: Office Lease (Scheid Vineyards 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 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) 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 (Temtex Industries 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 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 Agreement (Details 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

Sources: Industrial Lease (Sportsmans Guide 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, 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

Sources: Standard Office Lease (Orange National Bancorp)