Common use of Events of Default by Lessee Clause in Contracts

Events of Default by Lessee. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee. (1) Any failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where such failure continues for thirty (30) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the default. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee of any general assignment for the benefit of creditors, the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) days.

Events of Default by Lessee. The occurrence of any of the following shall constitute a material default and breach of this Lease by Lessee.: (1) Any failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where such failure continues for thirty (30) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the default. (3) Any failure of Lessee's representatives representations or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is if such Pipeline Lease Agreement representation of or warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee of any general assignment for the benefit of creditors, the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) days.

Events of Default by Lessee. The occurrence of any Each of the following shall constitute a material default and breach constitutes an Event of Default by Lessee (a) Lessee fails or refuses to pay any installment of basic rent, or any other sum payable under this Lease by Lessee. (1) Any when due, and the failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where such failure refusal continues for thirty (30at least ten(10) days after receipt of written notice from the LessorLessor stating such non-payment provided, subject Lessor shall be obligated to the right of Lessee, reasonably exercised, to contest any provide only once such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% notice per annum or the maximum amount allowed by law, whichever is lesscalendar year. (2b) A failure by Lessee fails or refuses to observe and perform comply with any other material provision or covenant of this Lease to be observed not requiring the payment of money, and the failure or performed by the Lessee, where such failure refusal continues for at least thirty (30) days after written notice thereof from Lessor; provided, however, if any failure by Lessor Lessee to comply with this Lease cannot be corrected within such 30-day period solely as a result of nonfinancial circumstances outside of Lessee's control, except that this thirty (and if Lessee has commenced substantial corrective actions within such 30) -day period and is diligently pursuing such corrective actions, such 30-day period shall be extended for a reasonable period such additional time as is reasonably necessary to allow completion of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds actions to diligently cure the defaultcorrect Lessee's noncompliance. (3c) Any failure of Lessee's representatives leasehold estate is taken on execution or warranties to remain true and correct throughout the Lease Term; provided that no event other process of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessorlaw in any action against Lessee. (4d) The making by Lessee or any guarantor of this Lease files a petition under any general chapter of the United States Bankruptcy Code, as amended, or under any similar law or statute of the United States or any state, or a petition is filed against Lessee or any such guarantor under any such statute and not dismissed with prejudice within ninety (90) days of filing, or a receiver or trustee is appointed for Lessee's leasehold estate or for any substantial part of the assets of Lessee or any such guarantor and such appointment is not dismissed with prejudice within ninety (90) days, or Lessee or any such guarantor makes an assignment for the benefit of creditors, the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) days.

Events of Default by Lessee. The occurrence of any of the following shall each constitute a material default and breach an Event of this Lease Default by Lessee. (1a) Any failure by Lessee fails to pay Rent or make any other material payment required to be made by Lessee hereunder, where such failure continues for due under the Lease within thirty (30) days after receipt such payment is due unless such payment is contested, and payment of such uncontested amount is not made within thirty (30) days of Lessor’s written notice from the Lessor, subject to the right Lessee of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is lessfailure. (2b) A failure by Lessee breaches or fails to observe and perform or comply with any other material provision covenant or covenant of agreement set forth in this Lease to be observed or performed by the Lessee, where and such failure continues for a period of thirty (30) days after written notice thereof by from Lessor to Lessee, except ; provided that this if Lessee proceeds with due diligence during such thirty (30) day period shall be extended for a to cure such breach and is unable by reason of the nature of the work involved using commercially reasonable period of time if efforts to cure the alleged default is not reasonably capable of cure same within the said thirty (30) day period and Lessee proceeds days, Lessee’s time to diligently do so shall be extended by the time reasonably necessary to cure the defaultsame. (3c) Any failure Fraud or intentional misrepresentation by Lessee with respect to any of Lessee's representatives the covenants or warranties to remain true and correct throughout the Lease Term; provided that no event agreements of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessorthis Lease. (4d) The making by Lessee has an Event of any Default which results in termination under the Net Metering Power Purchase Agreement. (e) Lessee: (i) is dissolved (other than pursuant to a consolidation, amalgamation or merger); (ii) becomes insolvent or is unable to pay its debts or fails (or admits in writing its inability) generally to pay its debts as they become due; (iii) makes a general assignment assignment, arrangement or composition with or for the benefit of its creditors, the filing by ; (iv) has instituted against it a proceeding seeking a judgment of insolvency or against Lessee of a petition to have Lessee adjudged a bankruptbankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditor’s rights, or a petition is presented for its winding-up, reorganization or arrangement liquidation, which proceeding or petition is not dismissed, stayed or vacated within ninety (90) days thereafter; (v) commences a voluntary proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law relating or other similar law affecting creditors’ rights; (vi) seeks or consents to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of an administrator, provisional liquidator, conservator, receiver, trustee, custodian or other similar official for it or for all or substantially all of its assets; (vii) has a trustee secured party (other than a Leasehold Mortgagee or receiver to Financier) take possession that of all or substantially all of its assets, or has a distress, execution, attachment, sequestration or other legal process levied, enforced or sued on or against all or substantially all of its assets; (viii) causes or is not restored subject to Lessee within thirty any event with respect to it which, under the applicable laws of any jurisdiction, has an analogous effect to any of the events specified in clauses (30i) daysto (vi) inclusive; or (ix) takes any action in furtherance of, or indicating its consent to, approval of, or acquiescence in, any of the foregoing acts.

Events of Default by Lessee. The occurrence of any Each of the following events shall constitute an "Event of Default by Lessee": 1. Lessee fails to pay rentals, fees and charges when due, and such default continues for a material default and breach period of ten (10) days after receipt of written notice from Lessor that such non-payment constitutes an event of default. 2. Lessee fails after receipt of written notice from Lessor to keep, perform or observe any term, covenant or condition of this Lease by Lessee. Agreement, other than as set forth in sub-section A (1above) Any failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where and such failure continues for thirty (30) days after receipt such receipt, or if by its nature such Event of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure Default by Lessee to observe and perform any other material provision or covenant of this Lease to cannot be observed or performed by the Lessee, where cured within such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period period, Lessee fails to commence to cure or remove such Event of time if the alleged default is not reasonably capable of cure Default by Lessee within said thirty (30) day period days and Lessee proceeds to diligently cure the defaultor remove same as promptly as reasonably practicable. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout . Lessee shall become insolvent, shall take the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee benefit of any present of future insolvency statute, shall make a general assignment for the benefit of creditors, the filing by or against Lessee of shall file a voluntary petition to have Lessee adjudged a bankrupt, in bankruptcy or a petition for or answer seeking a reorganization or arrangement the readjustment of its indebtedness under the federal bankruptcy laws or under another law or statute of the United States or of any law relating state thereof, or shall consent to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee receiver, trustee, or receiver to take possession that is liquidation of all or substantially all of its property. 4. An Order for Relief shall be entered at the request of Lessee or any of its creditors under the federal bankruptcy or reorganization laws or under any law or statute of the United States or any state thereof. 5. A petition under any part of the federal bankruptcy laws or an action under any present or future insolvency law or statute shall be filed against Lessee and shall not restored to Lessee be dismissed within thirty (30) days after the filing thereof. 6. By or pursuant to or under the City of any legislative act, resolution or rule, or any order of decree of any court or governmental board or agency, an officer, receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Lessee and such possession or control shall continue in effect for a period of fifteen (15) days. 7. Lessee shall become a corporation in dissolution or voluntarily or involuntarily forfeit its corporate charter other than through merger with a successor corporation. 8. The rights of Lessee hereunder shall be transferred to, pass to, or devolve upon, by operation of law or otherwise, any other person, firm, corporation, or other entity, as a result of any bankruptcy, insolvency, trusteeship, liquidation, or other proceedings or occurrence described in paragraph 3 through paragraph 7 above.

Events of Default by Lessee. The occurrence of any one or more of the following shall constitute events constitutes a material default and breach of (“Default”) by Lessee under this Lease by Lessee.Lease: (1) Any failure a. Failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where such installment of rent when the same is due and the failure continues for thirty five (305 days): b. Failure by Lessee to pay, within ten (10) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event other sums due and payable from Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is lessunder this lease. (2) A failure c. Failure by Lessee to cure forthwith, promptly after receipt of notice from Lessor, any Hazardous conditions which Lessee has created in violation of law of or this Lease. d. Failure by Lessee to observe and or perform any other material provision or covenant covenant, term of condition of this Lease to be observed or performed by the Lessee, where if such failure continues for thirty (30) days after written notice thereof to Lessee by Lessor to Lessor, unless the nonobservance of nonperformance is of a nature that it cannot be corrected in thirty days and Lessee has commenced observance or performance and is pursuing it with diligence. e. The levy upon under execution or the attachment by legal process or the leasehold interest of Lessee, except that this or the filing or creations of a lien in respect of such leasehold interest which Lessee does not discharge within thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the defaultdays. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making f. Failure by Lessee to observe or perform any of any general the covenants in respect to assignment and subletting; g. Lessee vacates or abandons the Leased Premises; h. Lessee becomes insolvent or bankrupt or admits in writing his inability to pay his debts as they mature, or makes an assignment for the benefit of or creditors, the filing by or against Lessee of a petition applies for or consents to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that for Lessee or the major part of his property; i. A trustee or receiver is appointed for Lessee or for the major part of its property and is not restored to Lessee discharged within thirty (30) daysdays after such appointment; j. Any proceedings for relief under any bankruptcy law, or similar law for relief of debtors, are instituted by or against Lessee, and if instituted against Lessee, are allowed against him or are consented to by him, or are not dismissed within sixty days after such institution.

Events of Default by Lessee. The occurrence Any of the following events which shall occur shall constitute an Event of Default by the Lessee under this Agreement: a) Subject to the provisions of Section 4.8 hereof, the nonpayment by the Lessee of any payment required hereunder, or failure of the Lessee to perform any of the following shall constitute a material default obligations, covenants, terms and breach provisions contained or referred to in this Agreement, which nonpayment or failure to perform is not cured within fifteen (15) calendar days of this Lease by Lessee. (1) Any failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where such failure continues for thirty (30) days after the receipt of written notice (certified mail, return receipt requested) thereof from the Lessor, subject Lessor to the right Lessee; provided, however, that the termination as described in Article 7 shall not constitute an Event of Lessee, reasonably exercised, Default hereunder and shall not give rise to contest any such payment. In of the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is lessremedies hereinafter authorized. (2b) A failure by Any warranty, representation, or statement of the Lessee contained in this Agreement which proves to observe and perform have been false in any other material provision respect when made or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the defaultfurnished. (3c) Any failure Dissolution, termination of Lessee's representatives existence, discontinuance of its business, insolvency, business failure, or warranties to remain true and correct throughout the Lease Term; provided that no event appointment of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee a receiver of any general part of the property of or assignment for the benefit of creditorscreditors by Lessee or the commencement of any proceedings under any bankruptcy whether voluntary or involuntary, the filing reorganization or arrangement laws by or against Lessee. d) Failure by Lessee to maintain insurance as required by Section 5.6. e) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out- of-pocket costs and expenses incurred by Lessor as a result (directly or indirectly) of a petition the Event of Default and/or of Lessor’s actions under this section, including, without limitation, any attorney fees, and expenses and any costs related to have the repossession, safekeeping, storage, repair, reconditioning or disposition of any Equipment. f) Failure by Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case comply with Section 5.9 of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) daysthis Agreement.

Events of Default by Lessee. The occurrence happening of any one or more of the following listed events and the expiration of any notice and cure periods herein provided (which events, upon such expiration, are hereinafter referred to singularly as “event of default” and plurally as “events of default”) shall constitute a material default and breach of this Lease by Agreement on the part of Lessee: (a) The filing by, on behalf of, or against Lessee of any petition or pleading to declare Lessee a bankrupt, voluntary or involuntary, under any Bankruptcy Act or law, which is not dismissed within sixty (60) days after the date of filing. (1b) Any The commencement in any court or tribunal of any proceeding, voluntary or involuntary, to declare Lessee insolvent or unable to pay its debts, which is not dismissed within sixty (60) days after the date of filing. (c) The failure by of Lessee to pay Rent any rent or make any other payment required to be made by Lessee hereunder, where such failure continues for thirty amount payable under this Agreement within ten (3010) days after receipt of written notice from by the Lessor that the same is due and payable. (d) The appointment by any court or under any law of a receiver, trustee or other custodian of the property, assets or business of Lessee, who is not dismissed within sixty (60) days after the date of appointment. (e) Except as expressly permitted in this Agreement, the assignment by Lessee of all or any part of its property or assets for the benefit of creditors. (f) The failure of Lessee to use the Leased Premises over a continuous period in excess of sixty (60) days for reasons that are not otherwise excused under this Agreement. Any personal property belonging to Lessee and left upon the Leased Premises and any or all of Lessee's improvements and facilities thereon after abandonment shall, at the option of the Lessor, subject be deemed to the right of Lesseebe abandoned by Lessee and shall, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate sole option of 15% per annum or the maximum amount allowed by lawLessor, whichever is lessbecome the property of Lessor. (2g) A The failure by of Lessee to observe comply with the Lessor’s Minimum Standards. (h) Lessee’s breach of the SASO Agreement with Lessor. (i) Except as specifically provided in Section 12(a)-(h), the failure in any material respect of Lessee to perform, fully and perform promptly, any other material provision or covenant act required of it under the terms of this Lease Agreement, or otherwise to be observed comply with any term or performed by the Lessee, where such failure continues for provision hereof within thirty (30) days after written notice thereof by the Lessor to Lesseethe Lessee to do so, except that this thirty (30) day period shall unless such default cannot be extended for a reasonable period of time if the alleged default is not reasonably capable of cure cured within said thirty (30) day such period and Lessee proceeds has in good faith commenced and is prosecuting the cure thereof, in which case the Lessee shall have a reasonable extension of such period in order to diligently cure the such default. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee of any general assignment for the benefit of creditors, the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) days.

Events of Default by Lessee. The occurrence In the event that the rent, or any, part thereof, of any additional rental or other payment shall not be paid on any day when such payment is due and such default shall continue for a period of ten (10) days after written notice by Lessor to Lessee; or if Lessee should fail in the performance of, breach or permit the violation of any of the following covenants, conditions, terms, or provisions contained in this lease which on the part of the Lessee ought to be observed, performed or fulfilled and shall constitute a material default and breach of this Lease by Lessee. (1) Any failure by Lessee fail to pay Rent cure or make any other payment required to be made by Lessee hereundergood such failure, where such failure continues for thirty (30) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum breach or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for violation within thirty (30) days after written notice and demand from Lessor; or if the Demised Premises or any part thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time abandoned; or if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the default. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee of any general assignment for the benefit of creditors, the filing be disposed therefrom by or against under the authority of anyone other than Lessor; or if Lessee of a shall file any petition or institute any proceeding under an insolvency or bankruptcy act (or any amendment or addition thereto hereafter made) seeking to have Lessee adjudged a bankrupt, effect an arrangement or a petition for its reorganization or arrangement under composition with its creditors; or if in any law proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Demised Premises and be not discharged within ninety (unless90) days or if the Lessee's estate created hereby shall be taken in execution or by any process of law; or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then, at the option of Lessor, this lease and everything herein contained on the part of the Lessor to be kept and performed shall cease, terminate and be at an end, and Lessor shall be entitled to have again and repossess the Premises as its former estate and Lessee shall be put out. This remedy of forfeiture shall be deemed cumulative and in addition to all other remedies provided by law. In the case event Lessor exercises its option to terminate this lease, repossess the Premises and put Lessee out as Exhibit (10.1)-p5 1) herein provided, this shall not relieve Lessee from its obligations to pay rent provided to be paid herein for the remainder of a petition filed against Lessee, the same is dismissed within sixty (60) days), term of this lease and Lessee shall remain liable to Lessor for any costs or expenses incurred by Lessor in reletting the appointment of a trustee or receiver Premises and for the difference between the rent received upon such reletting and the rent herein specified to take possession that is not restored to be paid by Lessee within thirty (30) daysfor the term hereof.

Events of Default by Lessee. The occurrence In the event that the rent, or any part thereof, of any additional rental or other payment shall not be paid on any day when such payment is due and such default shall continue for a period of ten (10) days after written notice by Lessor to Lessee; or if Lessee should fail in the performance of, breach or permit the violation of any of the following covenants, conditions, terms, or provisions contained in this lease which on the part of the Lessee ought to be observed, performed or fulfilled and shall constitute a material default and breach of this Lease by Lessee. (1) Any failure by Lessee fail to pay Rent cure or make any other payment required to be made by Lessee hereundergood such failure, where such failure continues for thirty (30) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum breach or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for violation within thirty (30) days after written notice and demand from Lessor; or if the Demised Premises or any part thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time abandoned; or if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the default. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee of any general assignment for the benefit of creditors, the filing be dispossessed therefrom by or against under the authority of anyone other than Lessor; or if Lessee of a shall file any petition or institute any proceeding under an insolvency or bankruptcy act (or any amendment or addition thereto hereafter made) seeking to have Lessee adjudged a bankrupt, effect an arrangement or a petition for its reorganization or arrangement under composition with its creditors; or if in any law proceedings based on the insolvency of Lessee or relating to bankruptcy proceedings, a receiver or trustee shall be appointed for Lessee or the Demised Premises and be not discharged within ninety (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (6090) days); or if the Lessee's estate created hereby shall be taken in execution or by any process of law; or if Lessee shall admit in writing its inability to pay its obligations generally as they become due, then, at the appointment option of a trustee Lessor, this lease and everything herein contained on the part of the Lessor to be kept and performed shall cease, terminate and be at an end, and Lessor shall be entitled to have again and repossess the Premises as its former estate and Lessee shall be put out. This remedy of forfeiture shall be deemed cumulative and in addition to all other remedies provided by law. In the event Lessor exercises its option to terminate this lease, repossess the Premises and put Lessee out as herein provided, this shall not relieve Lessee from its obligations to pay rent provided to be paid herein for the remainder of the term of this lease and Lessee shall remain liable to Lessor for any costs or receiver expenses incurred by Lessor in reletting the Premises and for the difference between the rent received upon such reletting and the rent herein specified to take possession that is not restored to be paid by Lessee within thirty (30) daysfor the term hereof.

Events of Default by Lessee. The occurrence (a) An Event of Default shall be deemed to have occurred under this Agreement, if (i) Lessee shall fail or refuse to observe, perform, or comply with any of the following shall constitute a material default and breach provisions of this Lease Agreement, whether by Lessee. neglect, inadvertence, intent, or otherwise, or (1ii) Any failure by any warranty or representation of Lessee contained in this Agreement shall not be true and correct as of the date hereof and at all times during the term of this Agreement, and Lessee shall fail to pay Rent cure any such Default (A) within ten (10) Business Days after written notice from Ground Lessor to Lessee in the case of a Monetary Default or make any other payment required to be made by Lessee hereunder, where such failure continues for (B) within thirty (30) days Days after receipt of written notice from Ground Lessor to Lessee in the Lessorcase of a Non-Monetary Default; provided, subject to however, that in the right case of Lessee, a Non-Monetary Default which cannot reasonably exercised, to contest any such payment. In be cured within the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for aforesaid thirty (30) days after written notice thereof by Lessor to LesseeDay period, except that this thirty (30) day period no Event of Default shall be extended for a reasonable period deemed to exist and Ground Lessor may not exercise any of time if the alleged default is not reasonably capable of remedies set forth in Section 9.02 hereof, unless and until Lessee shall have failed either (1) to commence action to effect such cure within said thirty (30) day Day period or (2) to prosecute diligently and Lessee proceeds to diligently cure the defaultcontinuously such action until such Non-Monetary Default has been cured. (3b) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee of any general Neither bankruptcy, insolvency, assignment for the benefit of creditors, the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee receiver, nor any proceedings under any laws similar to the foregoing, shall constitute a Default hereunder or receiver affect this Agreement so long as all covenants of Lessee are continued in performance by Lessee, its successors, or legal representatives, or by any Project Mortgagee. (c) Any notice given pursuant to take possession that is not restored to Lessee within thirty (30) daysthis Section 9.01 shall identify the Default in question with reasonable particularity.

Events of Default by Lessee. The occurrence of any Any of the following events --------------------------- shall constitute a material default and breach Events of Default under this Lease by Lessee.Lease: (1a) Any failure by Lessee shall fail to pay Rent or make any other payment required to be made by Lessee hereunder, where such failure continues for thirty of Base Rental within ten (3010) days after receipt the same is due and payable or fails to make any payment of written notice from Additional Rent when the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, same becomes due and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe payable and perform any other material provision or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor is given to Lessee; or (b) Lessee shall fail to pay the Termination Value, except Purchase Price or End of Term Adjustment, as applicable, when the same becomes due and payable; or (c) Lessee shall fail to observe or perform any of its covenants or agreements set forth in Sections 15, 16, 29, 30, 32 or 34 of this Lease; or (d) Lessee shall fail to perform or observe any other covenant, condition, or agreement to be performed or observed by it under this Lease and such failure shall continue unremedied, for thirty (30) days after written notice to Lessee specifying such failure and demanding the same to be remedied, provided, however, that this no Event of Default shall be deemed to have occurred with respect to breach of any covenant, condition or agreement that cannot be remedied, with the exercise of reasonable diligence on Lessee's part, within such thirty (30) day period shall be extended for a reasonable period period, if Lessee commences cure of time if the alleged default is not reasonably capable of cure such failure within said such thirty (30) day period and diligently pursues such cure to completion, provided further, however, that the period given to the Lessee proceeds to diligently cure remedy such failure should not exceed a total of one hundred twenty (120) days from the default.initial notice of default is given to Lessee, provided further still, that if such failure relates to a failure to comply with Environmental Legal Requirements, such one hundred twenty (120) day period may be extended to such longer period as may be reasonably necessary to remedy such failure; or (3e) Any Owner shall be in default beyond any grace or cure period under any of the Senior Loan Documents by reason of (i) the failure of the Lessee to perform any of the Owner's obligations under the Senior Loan Documents or (ii) any failure of the Lessee to perform its obligations hereunder; or (f) Lessee shall be in default beyond any applicable grace or cure periods (i) under any Transaction Documents to which it is a party or any lease, loan agreement or other agreement, instrument or document heretofore, now or hereafter entered into between Lessee and Owner, or between Lessee and any parent, subsidiary or affiliate of Owner, or between Lessee and Senior Lender, or between Lessee's representatives Parent and Owner or warranties between Lessee's Parent and Senior Lender or (ii) under any promissory note or guarantee heretofore, now or hereafter executed by Lessee or Lessee's Parent and delivered to remain true any party referred to in clause (i) above evidencing or guaranteeing a loan made by any such party to Lessee, Lessee's Parent or Owner any obligation of Lessee or Lessee's Parent, to any Person (other than Owner, or any parent, subsidiary or affiliate of Owner) in excess of $1 million relating to the payment of borrowed money or the payment of rent or hire under any lease agreement, shall be declared to be due and correct throughout payable or otherwise accelerated prior to the Lease Termmaturity thereof by reason of a default in payment or performance by Lessee or Lessee's Parent (excluding any such default which is being contested in good faith by Lessee or Lessee's Parent by appropriate proceedings and the liability for which has not been reduced to judgment); provided that no event or an attachment or other Lien shall be filed or levied against a substantial part of default the property of Lessee or Lessee's Parent (taken in aggregate), and such judgment shall occur is continue unstayed and in effect, or such Pipeline Lease Agreement representation attachment or Lien shall continue undischarged or unbonded, for a period of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor.days; (unless Lessee has the right to contest such Lien under this Lease and is contesting the same in accordance with the terms hereof) or (4g) The making by Lessee of any general or Lessee's Parent shall become insolvent or make an assignment for the benefit of creditors, the filing by creditors or against Lessee of a petition consent to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver; or a trustee or a receiver shall be appointed for Lessee or Lessee's Parent or for a substantial part of its property without its consent and shall not be dismissed for a period of sixty (60) days; or any petition for the relief, reorganization or arrangement of Lessee or Lessee's Parent, or any other petition in bankruptcy or for the liquidation, insolvency or dissolution of Lessee or Lessee's Parent, shall be filed by or against Lessee or Lessee's Parent and, if filed against Lessee or Lessee's Parent, shall be consented to take possession that is or be pending and not restored be dismissed for a period of sixty (60) days, or an order for relief under any bankruptcy or insolvency law shall be entered by any court or governmental authority of competent jurisdiction with respect to Lessee within thirty or Lessee's Parent; or any execution or writ or process shall be issued under any action or proceeding against Lessee or Lessee's Parent whereby any of the Leased Property may be taken or restrained (30other than a Taking); or Lessee's or Lessee's Parent's corporate existence shall cease; or Lessee or Lessee's Parent shall (whether in one transaction or a series of transactions) dayswithout Owner's prior written consent, sell, transfer or dispose of, or pledge or otherwise encumber, all or substantially all of its assets or property, or consolidate or merge with any other entity, or become the subject of, or engage in, a leveraged buy-out or any other form of corporate reorganization; or (h) any representation, warranty, statement or certification made by Lessee under this Lease or in any document or certificate furnished to Owner or any Assignee in connection herewith or pursuant hereto, shall prove to be untrue or incorrect in any Material respect when made, or shall be breached in any Material respect.

Events of Default by Lessee. The occurrence Any of the following events which shall occur shall constitute an Event of Default by the Lessee under this Agreement: a) Subject to the provisions of Section 4.8 hereof, the nonpayment by the Lessee of any payment required hereunder, or failure of the Lessee to perform any of the following shall constitute a material default obligations, covenants, terms and breach provisions contained or referred to in this Agreement, which nonpayment or failure to perform is not cured within fifteen (15) calendar days of this Lease by Lessee. (1) Any failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where such failure continues for thirty (30) days after the receipt of written notice (certified mail, return receipt requested) thereof from the Lessor, subject Lessor to the right Lessee; provided, however, that the termination as described in Article 7 shall not constitute an Event of Lessee, reasonably exercised, Default hereunder and shall not give rise to contest any such payment. In of the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is lessremedies hereinafter authorized. (2b) A failure by Any warranty, representation, or statement of the Lessee contained in this Agreement which proves to observe and perform have been false in any other material provision respect when made or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the defaultfurnished. (3c) Any failure Dissolution, termination of Lessee's representatives existence, discontinuance of its business, insolvency, business failure, or warranties to remain true and correct throughout the Lease Term; provided that no event appointment of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee a receiver of any general part of the property of or assignment for the benefit of creditorscreditors by Lessee or the commencement of any proceedings under any bankruptcy whether voluntary or involuntary, the filing reorganization or arrangement laws by or against Lessee. d) Failure by Lessee to maintain insurance as required by Section 5.6. e) Lessor may require Lessee to pay (and ▇▇▇▇▇▇ agrees that it shall pay) all out-of-pocket costs and expenses incurred by Lessor as a result (directly or indirectly) of a petition the Event of Default and/or of Lessor’s actions under this section, including, without limitation, any attorney fees, and expenses and any costs related to have the repossession, safekeeping, storage, repair, reconditioning or disposition of any Equipment. f) Failure by Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case comply with Section 5.9 of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) daysthis Agreement.

Events of Default by Lessee. The occurrence and continuation of any of the following shall constitute a material default and breach an "Event of Default" by Lessee under this Lease by Lessee.Agreement: (1a) Any The failure by of Lessee to pay Rent or make when due any other payment amount required to be made paid by Lessee hereunder, where such failure continues for thirty (30) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less.; (2b) A failure The breach by Lessee to observe and perform of any other material provision or covenant of this Lease to be observed Agreement or performed by the Lesseeany other material agreement with Manager, where such failure continues which breach shall continue for thirty (30) days after written notice thereof to Lessee by Lessor Manager (given according to Lessee, except that this thirty (30Section 18) day period shall be extended for a reasonable period of time if to correct such breach and describing the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the default. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Termbreach complained of; provided that no event of default shall occur is if such Pipeline Lease Agreement representation of warranty is again true and correct breach cannot be cured within thirty (30) days after receipt and Lessee is diligently attempting to cure such breach, such breach shall not be deemed a default of written Lessee unless such breach shall not be cured at the end of sixty (60) days from the giving of the said notice from Lessor.or within such other delay as Manager and Lessee may agree; (4c) The making by Lessee of any shall: (i) admit in writing its inability to pay, or fail to pay, its debts generally as they become due; (ii) make a general assignment for the benefit of its creditors; (iii) consent to the appointment of, or possession by, a custodian for itself or for the filing by whole or against Lessee substantially all of its property; (iv) file a petition to have Lessee adjudged a bankrupt, or a petition for answer seeking reorganization or arrangement or other aid or relief under any bankruptcy or insolvency laws or any other law relating for the relief of debtors or file an answer admitting, or failing to bankruptcy (unlessdeny, in the case material allegations of a petition filed against it for any such relief; (d) A court of competent jurisdiction shall enter an order, judgment or decree appointing, without the consent of Lessee, a custodian for Lessee or the same is dismissed whole or substantially all of its property, or approving a petition filed against it seeking reorganization or arrangement of Lessee under any bankruptcy or insolvency laws or any other law for the relief of debtors, and such order, judgment or decree shall not be vacated or set aside or stayed within sixty days from the date of entry thereof, or (e) Under the provision of any law for the relief of debtors, any court of competent jurisdiction or custodian shall assume custody or control of Lessee or of the whole or a substantial part of its property without the consent of Lessee, and such custody or control shall not be terminated or stayed within sixty (60) days), days from the appointment date of a trustee assumption of such custody or receiver to take possession that is not restored to Lessee within thirty (30) dayscontrol.

Events of Default by Lessee. The occurrence of any Any of the following shall constitute a material default and breach events, if --------------------------- occurring during the term of this Lease Agreement, shall constitute an event of default by Lessee.Lessee (a "Lessee Event of Default"): (1a) Any failure any default or breach of Lessee's obligation to pay the Rental Fee or any other amount payable by Lessee to pay Rent Lessor hereunder, in accordance with the terms of this Lease Agreement, and Lessee's continuance in such default or make breach for a period of five (5) business days after Lessor shall have first sent written notice to Lessee of the default or breach so occurring; (b) any default or breach of Lessee's obligation to maintain the Leased Property in accordance with Section 7 hereof, and Lessee's continuance in --------- such default or breach without good faith progress towards cure of such default or breach for a period of sixty (60) days (or such longer period in the event such default or breach is not capable of being cured within sixty (60) days) after Lessor shall have first sent written notice to Lessee of Lessee's failure to correct the defects communicated by Lessor to Lessee under Section 7.2, ----------- hereof; or (c) any default or breach of Lessee's covenants and obligations under any other payment required to be made by Lessee hereunderprovision of this Lease Agreement, where and Lessee's continuance in such failure continues default or breach for a period of thirty (30) days after receipt of Lessor shall have first sent written notice from to Lessee of the Lessordefault or breach so occurring; (d) the voluntary or involuntary filing of any petition or similar pleading, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed commencement of any proceeding, by lawor against Lessee or Emons under any federal or state bankruptcy, whichever is less. (2) A failure by Lessee to observe and perform any other material provision insolvency, reorganization, arrangement of debt, readjustment of debt or covenant receivership law or statute, whether now or hereafter in existence, or the assignment of this Lease to be observed all or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the default. (3) Any failure substantial portion of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee of any general assignment Emons' property for the benefit of creditors, or the filing by or against Lessee appointment of a petition to have Lessee adjudged a bankruptreceiver, trustee, or liquidator for all or a petition substantial portion of Lessee's or Emons' property; provided, that such bankruptcy or insolvency proceedings or -------- such assignments for reorganization the benefit of creditors or arrangement under any law relating to bankruptcy (unless, in the case such appointment of a petition filed against Lesseereceiver, the same trustee, or liquidator is dismissed not discharged, vacated, dismissed, or otherwise terminated within sixty (60) days), days after the appointment filing of same or a trustee or receiver to take possession that is valid appeal therefrom shall not restored to Lessee within thirty (30) daysbe pending.

Events of Default by Lessee. The occurrence Any of the following events which shall occur shall constitute an Event of Default by the Lessee under this Agreement: a) Subject to the provisions of Section 4.8 hereof, the nonpayment by the Lessee of any payment required hereunder, or failure of the Lessee to perform any of the following shall constitute a material default obligations, covenants, terms and breach provisions contained or referred to in this Agreement, which nonpayment or failure to perform is not cured within fifteen (15) calendar days of this Lease by Lessee. (1) Any failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where such failure continues for thirty (30) days after the receipt of written notice (certified mail, return receipt requested) thereof from the Lessor, subject Lessor to the right Lessee; provided, however, that the termination as described in Article 7 shall not constitute an Event of Lessee, reasonably exercised, Default hereunder and shall not give rise to contest any such payment. In of the event Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is lessremedies hereinafter authorized. (2b) A failure by Any warranty, representation, or statement of the Lessee contained in this Agreement which proves to observe and perform have been false in any other material provision respect when made or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the defaultfurnished. (3c) Any failure Dissolution, termination of Lessee's representatives existence, discontinuance of its business, insolvency, business failure, or warranties to remain true and correct throughout the Lease Term; provided that no event appointment of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making by Lessee a receiver of any general part of the property of or assignment for the benefit of creditorscreditors by Lessee or the commencement of any proceedings under any bankruptcy whether voluntary or involuntary, the filing reorganization or arrangement laws by or against Lessee. d) Failure by Lessee to maintain insurance as required by Section 5.6. e) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out- of-pocket costs and expenses incurred by Lessor as a result (directly or indirectly) of a petition the Event of Default and/or of Lessor’s actions under this section, including, without limitation, any attorney fees, and expenses and any costs related to have Lessee adjudged a bankruptthe repossession, safekeeping, storage, repair, reconditioning or a petition for reorganization or arrangement under disposition of any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) daysEquipment.

Events of Default by Lessee. The occurrence Lessee agrees to pay the Annual Rent and the Additional Rent, as set forth in Section 6, at the time, in the amount and in the manner herein described. Any one of the following events shall be deemed a default by Lessee and a breach of this Lease, namely: (a) If Lessee fails to timely pay any installment of Annual Rent or to pay any Additional Rent within five (5) days of written demand therefore; or (b) If Lessee fails to observe or perform any of the following shall constitute a material default and breach other terms, covenants or conditions of this Lease by Lessee. (1) Any failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunderthan paying rents when due, where and such failure continues for after the expiration of thirty (30) days after receipt of from the date Landlord gives written notice from the Lessor, subject to Lessee calling attention to the right existence of Lesseesuch failure, reasonably exercisedprovided however, to contest any such payment. In the event that if Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is cannot reasonably capable of cure correct the default (other than non-payment) within said thirty (30) day period, Lessee shall be given a reasonable period of time to correct the default; or (c) If Lessee is declared bankrupt or insolvent by judicial decree; or (d) If Lessee takes the benefit of any federal reorganization or composition proceedings; or (e) If Lessee makes a general assignment for benefit of creditors; or (f) If Lessee's Leasehold interest in this Lease is sold under any process of law; or (g) If a trustee in bankruptcy or a receiver is appointed or elected for the Lessee; or (h) If Lessee abandons the Leased Property and fails to pay any installment of Base Rent or to pay any Additional Rent; or (i) If any materialman's, mechanic's or other lien is filed against the Leased Property in connection with any improvements, alterations or additions made by Lessee, and Lessee proceeds permits the lien or liens to diligently cure stand against the default. (3) Any failure Leased Property, not securing the discharge of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is Leased Property from such Pipeline Lease Agreement representation of warranty is again true and correct liens by filing an appropriate bond within thirty (30) days after receipt from date of written notice demand from LessorLandlord pursuant to applicable law. Should Lessee file a bond and elect to contest the lien or liens, no default shall be in effect pending final legal determination of the disputed lien. (4) The making by Lessee of any general assignment for the benefit of creditors, the filing by or against Lessee of a petition to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that is not restored to Lessee within thirty (30) days.

Events of Default by Lessee. The occurrence of any one or more of the following shall constitute events constitutes a material default and breach of (“Default”) by Lessee under this Lease by Lessee.Lease: (1) Any failure a. Failure by Lessee to pay Rent or make any other payment required to be made by Lessee hereunder, where such installment of rent when the same is due and the failure continues for thirty five (305 days); b. Failure by Lessee to pay, within ten (10) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event other sums due and payable from Lessee withholds any such payment, and it is determined that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate of 15% per annum or the maximum amount allowed by law, whichever is lessunder this lease. (2) A failure c. Failure by Lessee to cure forthwith, promptly after receipt of notice from Lessor, any hazardous condition which Lessee has created in violation of law of or this Lease. d. Failure by Lessee to observe and or perform any other material provision or covenant covenant, term of condition of this Lease to be observed or performed by the Lessee, where if such failure continues for thirty (30) days after written notice thereof to Lessee by Lessor to Lessor, unless the nonobservance of nonperformance is of a nature that it cannot be corrected in thirty days and Lessee has commenced observance or performance and is pursuing it with diligence. e. The levy upon under execution or the attachment by legal process or the leasehold interest of Lessee, except that this or the filing or creation of a lien in respect of such leasehold interest which Lessee does not discharge within thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the defaultdays. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days after receipt of written notice from Lessor. (4) The making f. Failure by Lessee to observe or perform any of any general the covenants in respect to assignment and subletting; g. Lessee vacates or abandons the Leased Premises; h. Lessee becomes insolvent or bankrupt or admits in writing his inability to pay his debts as they mature, or makes an assignment for the benefit of or creditors, the filing by or against Lessee of a petition applies for or consents to have Lessee adjudged a bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee or receiver to take possession that for Lessee or the major part of his property; i. A trustee or receiver is appointed for Lessee or for the major part of its property and is not restored to Lessee discharged within thirty (30) daysdays after such appointment; j. Any proceedings for relief under any bankruptcy law, or similar law for relief of debtors, are instituted by or against Lessee, and if instituted against Lessee, are allowed against him or are consented to by him, or are not dismissed within sixty days after such institution.

Events of Default by Lessee. The occurrence of any Each of the following events shall constitute a material default and breach an "Event of this Lease Default by Lessee.": (1) Any failure by . Lessee fails to pay Rent or make any other payment required to be made by Lessee hereunderrentals, where fees and charges when due, and such failure default continues for thirty a period of ten (3010) days after receipt of written notice from the Lessor, subject to the right of Lessee, reasonably exercised, to contest any such payment. In the event Lessee withholds any such payment, and it is determined Lessor that such withholding was wrongful, Lessee shall pay interest to Lessor on such monies wrongfully withheld at the rate non-payment constitutes an event of 15% per annum or the maximum amount allowed by law, whichever is less. (2) A failure by Lessee to observe and perform any other material provision or covenant of this Lease to be observed or performed by the Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee, except that this thirty (30) day period shall be extended for a reasonable period of time if the alleged default is not reasonably capable of cure within said thirty (30) day period and Lessee proceeds to diligently cure the default. (3) Any failure of Lessee's representatives or warranties to remain true and correct throughout the Lease Term; provided that no event of default shall occur is such Pipeline Lease Agreement representation of warranty is again true and correct within thirty (30) days 2. Lessee fails after receipt of written notice by certified mail from Lessorthe Lessor to keep, perform or observe any term, covenant or condition of this Agreement, other than as set forth in Subsection 1 (above) and such failure continues for sixty (60) days after such receipt, or if by its nature such event of default by Lessees cannot be cured within such sixty (60) day period, Lessee fails to commence to cure or remove such event of default by the Lessee within said sixty (60) days and to cure or remove same as promptly as reasonably practicable. (4) The making by 3. Lessee shall become insolvent, shall take the benefit of any present or future insolvency statute, shall make a general assignment for the benefit of creditors, the filing by or against Lessee of shall file a voluntary petition to have Lessee adjudged a bankrupt, in bankruptcy or a petition for or answer seeking a reorganization or arrangement the readjustment of its indebtedness under the federal bankruptcy laws or under and other law or statute of the United States or of any law relating state thereof, or shall consent to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days), the appointment of a trustee receiver, trustee, or receiver to take possession that is liquidation of all or substantially all of its property. 4. An Order for Relief shall be entered at the request of Lessee or any of its creditors under the federal bankruptcy or reorganization laws or under any law or statute of the United States or any state thereof. 5. A petition under any part of the federal bankruptcy laws or an action under any present or future insolvency law or statute shall be filed against the Lessee and shall not restored to Lessee be dismissed within thirty (30) days after the filing thereof. Lessee shall pay to the Lessor all reasonable costs and fees, including attorney and accounting fees and expenses, incurred by the Lessor in the exercise of any remedy in the event of any default by the Lessee. 6. By or pursuant to, or under, any legislative act, resolution or rule, or any order of decree of any court or governmental board or agency, an officer, receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Lessee and such possession or control shall continue in effect for a period of fifteen (15) days. 7. Lessee shall become a corporation in dissolution, or voluntarily or involuntarily forfeit their corporate charter, other than through merger with a successor corporation. 8. The rights of the Lessee hereunder shall be transferred to, pass to, or devolve upon, by operation of law or otherwise, any other person, firm, corporation or other entity, as a result of any bankruptcy, insolvency, trusteeship, liquidation or other proceedings or occurrence described in Subsections 3 through 7 above.