Common use of Events of Default and Termination Clause in Contracts

Events of Default and Termination. If any one or more of the following ("Events of Default") shall occur: (a) if Tenant shall fail to pay any Fixed Rent when as the same becomes due and payable, and such rent remains unpaid ten days after notice in writing from Landlord; or (b) if Tenant shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from Landlord, and Tenant within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (c) if Tenant shall make a general assignment for the benefit of creditors, or shall admit in writing Tenant's inability to pay Tenant's debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to contest, the material allegations of a petition filed against Tenant in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any material part of Tenant's properties; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Tenant from complying with the terms, covenants or conditions of this Lease, Landlord, at any time thereafter may give a written termination notice to Tenant, and on the date specified in such notice this Lease shall terminate and the Lease Term shall expire and terminate by limitation, and all rights of Tenant under this Lease shall cease, unless before such date (i) all arrears of Rent (with interest at the rate of twelve percent per annum) and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord hereunder, shall have been paid by ▇▇▇▇▇▇, and (ii) all other defaults at the time existing under this Lease shall have been fully remedied to the satisfaction of Landlord. Tenant shall reimburse Landlord for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord occasioned by or in connection with any default by Tenant under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Novellus Systems Inc)

Events of Default and Termination. If any one or more of the following events ("Events of Default") shall occur: (a) if Tenant Lessee shall fail to pay any Fixed Rent when as the same becomes due and payable, and such rent remains unpaid ten days after notice in writing from Landlord; or (b) if Tenant Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the same becomes due and payable and such failure shall continue for more than ten days; or (c) if Lessee shall fail to comply with or perform any term, covenant or condition of Articles 8, 9, 10 or 13, and such failure shall continue for more than thirty days after Lessee receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from LandlordLessor, and Tenant Lessee within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (ce) if Tenant Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing TenantLessee's inability to pay TenantLessee's debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to contest, the material allegations of a petition filed against Tenant Lessee in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant Lessee or any material part of TenantLessee's properties; or (f) if, within ninety days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dis solution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within ninety days after the appointment without the consent or acquiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any material part of Lessee's properties, such appointment shall not have been vacated; or (g) if a final judgment for the payment of money shall be rendered against Lessee and, within sixty days after the entry thereof, such judgment shall not have been discharged or execution thereof stayed pending appeal, or if, within sixty days after the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Tenant Lessee from complying with the terms, covenants or conditions of this Lease, LandlordLessor, at any time thereafter may give a written termination notice to TenantLessee, and on the date specified in such notice this Lease shall terminate and and, subject to Article 25, the Lease Term shall expire and terminate by limitation, and all rights of Tenant Lessee under this Lease shall cease, unless before such date (i) all arrears of Rent (with interest at the rate of twelve percent per annum) and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord Lessor hereunder, shall have been paid by ▇▇▇▇▇▇Lessee, and (ii) all other defaults at the time existing under this Lease shall have been fully remedied to the satisfaction of LandlordLessor. Tenant Lessee shall reimburse Landlord Lessor for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord Lessor occasioned by or in connection with any default by Tenant Lessee under this Lease.

Appears in 1 contract

Sources: Sub Lease (4networld Com Inc)

Events of Default and Termination. If any one or more of the following events ("Events of Default") shall occur: (a) if Tenant Lessee shall fail to pay any Fixed Rent when as the same becomes due and payable, and such rent remains unpaid ten days after notice in writing from Landlord; or (b) if Tenant Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the same becomes due and payable and such failure shall continue for more than ten days; or (c) if Lessee shall fail to comply with or perform any term, covenant or condition of Articles 8, 9, 10, or 13, and such failure shall continue for more than thirty days after the Lessee receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, condition or covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from LandlordLessor, and Tenant Lessee within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the curing of such default, oror , having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (ce) if Tenant If Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing TenantLessee's inability to pay TenantLessee's debts as they thy become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any ay present or future statutestatue, law or regulation, or shall file an any answer admitting, or shall fail to contest, the material allegations of a petition filed against Tenant Lessee in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant Lessee or any material part of TenantLessee's properties; or (f) If, within ninety days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if , within ninety days after the appointment without the consent or acquiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any part of Lessee's properties, such appointment shall not have been discharged; (g) if a final judgment for the payment of money shall be rendered against Lessee and, within sixty days after the entry thereof, such judgment shall not have been discharged or execution thereof stayed pending appeal, or if, within sixty days after the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of any ay proceeding which has or might have the effect of preventing Tenant Lessee from complying with the terms, covenants or conditions of this Lease, LandlordLessor, at any time thereafter may give a written termination notice to TenantLessee, and on the date specified in such notice this Lease shall terminate and and, subject to Article 24, the Lease Term term shall expire and terminate by limitation, and all rights of Tenant Lessee under this Lease shall cease, unless before such date (i) all arrears of Rent (with interest at the rate of twelve ten percent per annum) and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord Lessor hereunder, shall have been paid by ▇▇▇▇▇▇Lessee, and (ii) all other defaults at the time existing under this Lease lease shall have been fully remedied to the satisfaction of LandlordLessor. Tenant Lessee shall reimburse Landlord Lessor for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord Lessor occasioned by or in connection with any default by Tenant Lessee under this Lease.

Appears in 1 contract

Sources: Lease Agreement (Total Identity Corp)

Events of Default and Termination. If any one or more of the following events ("Events of Default") shall occur: (a) if Tenant Lessee shall fail to pay any Fixed Rent when as the same becomes due and payable, and such rent remains unpaid ten days after notice in writing from Landlord; or (b) if Tenant Lessee shall fail to pay any Rent, other than Fixed Rent, when and as the same becomes due and payable and such failure shall continue for more than ten days after notice to Lessee; or (c) if Lessee shall fail to comply with or perform any term, covenant or condition of Articles 8, 9, 10 or 13, and such failure shall continue for more than thirty days after Lessee receives notice of such failure, regardless of the source of such notice; or (d) if Lessee shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from LandlordLessor, and Tenant Lessee within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (ce) if Tenant Lessee shall make a general assignment for the benefit of creditors, or shall admit in writing Tenant's Lessee’s inability to pay Tenant's Lessee’s debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to contest, the material allegations of a petition filed against Tenant Lessee in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant Lessee or any material part of Tenant's Lessee’s properties; or (f) if, within ninety days after the commencement of any proceeding against Lessee seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within ninety days after the appointment without the consent of acquiescence of Lessee, of any trustee, receiver or liquidator of Lessee or of any material part of Lessee’s properties, such appointment shall not have been vacated; or (g) if a final judgment for the payment of money in excess of $50,000 shall be rendered against Lessee and, within sixty days after the entry thereof, such judgment shall not have been discharged or execution thereof stayed pending appeal, or if, within sixty days after the expiration of any such stay, such judgment shall not have been discharged; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Tenant Lessee from complying with the terms, covenants or conditions of this Lease, LandlordLessor, at any time thereafter may give a written termination notice to TenantLessee, and on the date specified in such notice (which shall be not less than 15 days after such notice) this Lease shall terminate and and, subject to Article 25, the Lease Term shall expire and terminate by limitation, and all rights of Tenant Lessee under this Lease shall cease, unless before such date (i) all arrears of Rent (with interest at the rate of twelve ten percent per annum) and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord Lessor hereunder, shall have been paid by ▇▇▇▇▇▇Lessee, and (ii) all other defaults at the time existing under this Lease shall have been fully remedied to the satisfaction of LandlordLessor. Tenant Lessee shall reimburse Landlord Lessor for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord Lessor occasioned by or in connection with any default by Tenant Lessee under this Lease.

Appears in 1 contract

Sources: Lease (Atlantic Express Transportation Corp)

Events of Default and Termination. If any one or more of the following events ("Events of Default") shall occur: (a) A. if Tenant shall fail to pay any Fixed Rent when as the same becomes due and payable, and such rent remains unpaid ten unless Tenant cures said failure within five (5) business days after notice in writing from Landlordof such failure is given to Tenant; or B. if Tenant shall fail to pay any Rent, other than Fixed Rent, when and as the same becomes due and payable and such failure shall continue for more than five (b5) business days after notice of such failure is given to Tenant; or C. if Tenant shall fail to comply with or perform any term, covenant or condition of Article 29, and such failure shall continue for more than ten (10) business days after Tenant receives notice of such failure; or D. if Tenant shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty (30) days after notice thereof from Landlord, and or if such default cannot, with due diligence, be cured within such thirty (30) day period, Tenant within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delaysdefault; or (c) E. if Tenant shall admit, in writing, that it is unable to pay its debts as such debts become due; or F. if Tenant shall make a general assignment for the benefit of creditors; or G. if Tenant shall file a voluntary petition under Title 11 of the United States Code or if such petition is filed against Tenant and an order for relief is entered, or if Tenant shall file any petition or answer seeking, consenting to or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under present or any future federal bankruptcy code or any other present or future applicable federal, state or other statute or law, or shall admit seek or consent to or acquiesce in writing Tenant's inability to pay Tenant's debts as they become dueor suffer the appointment of any trustee, receiver, custodian, assignee, sequestrator or liquidator or other similar official of Tenant or of all or any substantial part of its properties or of the premises or any interest of Tenant therein or if Tenant shall file a petition take any corporate action in bankruptcyfurtherance of any action described in Sections F, G or shall be adjudicated a bankrupt or insolvent, or shall file a petition H of this Article 19; or H. if within sixty (60) days after the commencement of any proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy code or any other present or future statuteapplicable federal, law state or regulationother statute or law, such proceeding shall not have been dismissed, or shall file an answer admittingif, within sixty (60) days after the appointment, without the consent or shall fail to contestacquiescence of Tenant, the material allegations of a petition filed against Tenant in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver receiver, custodian, assignee, sequestrator or liquidator or other similar official of Tenant or of all or any material substantial part of Tenant's propertiesits properties or of the Premises or any interest of Tenant therein, such appointment shall not have been vacated or stayed on appeal or otherwise, or if, within thirty (30) days after the expiration of any such stay, such appointment shall not have been vacated; thenor I. if a levy under execution or attachment shall be made against Tenant relating to its interest in the Premises, and in any such Event of Defaultexecution or attachment shall not be vacated or removed by court order, regardless of the pendency of any proceeding which has bonding or might have the effect of preventing Tenant from complying with the terms, covenants or conditions of this Lease, Landlord, at any time thereafter may give a written termination notice to Tenant, and on the date specified in such notice this Lease shall terminate and the Lease Term shall expire and terminate by limitation, and all rights of Tenant under this Lease shall cease, unless before such date otherwise within sixty (i60) all arrears of Rent (with interest at the rate of twelve percent per annum) and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord hereunder, shall have been paid by ▇▇▇▇▇▇, and (ii) all other defaults at the time existing under this Lease shall have been fully remedied to the satisfaction of Landlord. Tenant shall reimburse Landlord for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord occasioned by or in connection with any default by Tenant under this Leasedays.

Appears in 1 contract

Sources: Lease (SoulCycle Inc.)

Events of Default and Termination. If any one or more of the following events ("Events of Default") shall occur: (a) if Tenant shall fail to pay any Fixed Rent when as the same becomes due and payable, and such rent remains unpaid ten days after notice in writing from Landlord; or (b) if Tenant shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after written notice thereof from Landlord, and Tenant within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (c) if Tenant shall make a general assignment for the benefit of creditors, or shall admit in writing Tenant's ’s inability to pay Tenant's ’s debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting, or shall fail to contest, the material allegations of a petition filed against Tenant in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any material part of Tenant's ’s properties; then, and in any such Event of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Tenant from complying with the terms, covenants or conditions of this Lease, Landlord, at any time thereafter may give a written termination notice to Tenant, and on the date specified in such notice this Lease shall terminate and the Lease Term shall expire and terminate by limitation, and all rights of Tenant under this Lease shall cease, unless before such date (i) Tenant has paid all arrears of Rent (with interest at the rate Rent. Even though an Event of twelve percent per annum) and all costs and expensesDefault may have occurred, including reasonable attorneys' fees, incurred by or on behalf of Landlord hereunder, shall have been paid by ▇▇▇▇▇▇, and (ii) all other defaults at the time existing under this Lease shall have been fully remedied will continue in effect so long as Landlord does not terminate Tenant’s right to the satisfaction of Landlord. Tenant shall reimburse Landlord for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord occasioned by or in connection with any default by Tenant under this Leasepossession.

Appears in 1 contract

Sources: Lease (Tauriga Sciences, Inc.)

Events of Default and Termination. If any one or more of 21.01 This Lease and the following ("Events of Default") shall occur: (a) if Tenant shall fail Term and estate hereby granted are subject inter alia to pay any Fixed Rent when as the same becomes due and payable, and such rent remains unpaid ten days after notice in writing from Landlord; or (b) if Tenant shall fail to comply with or perform any other term, covenant or condition hereof, and such failure shall continue for more than thirty days after notice thereof from Landlord, and Tenant within said period, subject to Unavoidable Delays, shall not commence with due diligence and dispatch the curing of such default, or, having so commenced, thereafter shall fail or neglect to prosecute or complete with due diligence and dispatch the curing of such default for reasons other than Unavoidable Delays; or (c) if limitation that whenever Tenant shall make a general an assignment for the benefit of creditors, or shall admit in writing Tenant's inability to pay Tenant's debts as they become duefile a voluntary petition under any bankruptcy or insolvency law, or shall file an involuntary petition alleging an act of bankruptcy or insolvency is filed against Tenant, or whenever a petition in bankruptcy, or shall be adjudicated a bankrupt filed by or insolvent, or shall file a petition against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or any future statutefederal bankruptcy act or any other present or future applicable federal, law state or regulation, other statute or shall file an answer admitting, or shall fail to contest, the material allegations of a petition filed against Tenant in any such proceedinglaw, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or of all or any material substantial part of Tenant's its properties; , or whenever a permanent or temporary receiver of Tenant or of, or for, the property of Tenant shall be appointed, or if Tenant shall plead bankruptcy orinsolvency as a defense in any action or proceeding, then, and in Landlord, (a) at any time after receipt of notice of the occurrence of any such Event event, or (b) if such event occurs without the acquiescence of Default, regardless of the pendency of any proceeding which has or might have the effect of preventing Tenant from complying with the terms, covenants or conditions of this Lease, LandlordTenant, at any time thereafter after the event continues for sixty (60) days may give Tenant a written notice of intention to end the Term at the expiration of five (5) days from the service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the Term and estate hereby granted, whether or not the Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided as in Article 30. 21.02 This Lease and the Term and estate hereby granted are subject to the further limitation that (a) whenever Tenant shall default in the payment of any installment of Base Rent, or in the payment of any additional rent, on any day upon which the same shall be due and payable; or (b) whenever Tenant shall do or permit anything to be done, whether by action or inaction, contrary to any of Tenant's obligations hereunder, other than the payment of rent, and if such situation shall continue and shall not be remedied by Tenant within fifteen (15) days after Landlord shall have given to Tenant a notice specifying the same, or, in the case of a happening or default which cannot with due diligence be cured within a period of fifteen (15) days and the continuance of which for the period required for cure will not subject Landlord to the risk of criminal liability or termination notice of any superior lease or foreclosure of any superior mortgage, if Tenant shall not duly institute within such fifteen (15) day period and promptly and diligently prosecute to completion all steps necessary to remedy the same; or, (c) whenever any event shall occur or any contingency shall arise whereby this Lease or any interest therein or the estate hereby granted or any portion thereof or the unexpired balance of the Term hereof would, by operation of law or otherwise, devolve upon or pass to any person, firm or corporation other than Tenant, and on except as expressly permitted by Article 22; or (d) whenever Tenant shall abandon the Demised Premises, or a substantial portion of the Demised Premises shall remain vacant for a period of ten (10) consecutive days, unless such vacancy arises as a result of a casualty; then in any such event covered by subsections "a", "b", "c", or "d" of this Section 21.02, at any time thereafter, Landlord may give to Tenant a notice of intention to end the Term of this Lease at the expiration of three (3) days from the date specified in of service of such notice of intention, and upon the expiration of said three (3) days this Lease and the Term and estate hereby granted, whether or not the Term shall theretofore have commenced, shall terminate and with the Lease Term shall expire and terminate by limitationsame effect as if that day were the Expiration Date, and all rights of Tenant under this Lease shall cease, unless before such date (i) all arrears of Rent (with interest at the rate of twelve percent per annum) and all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord hereunder, shall have been paid by ▇▇▇▇▇▇, and (ii) all other defaults at the time existing under this Lease shall have been fully remedied to the satisfaction of Landlord. but Tenant shall reimburse Landlord remain liable for all costs and expenses, including reasonable attorneys' fees, incurred by or on behalf of Landlord occasioned by or damages as provided in connection with any default by Tenant under this LeaseArticle 30.

Appears in 1 contract

Sources: Lease Agreement (International Telecommunication Data Systems Inc)