Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute an “Event of Default” of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, and such failure continues for more than five (5) business days following Tenant’s receipt of written notice of delinquency; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or 19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or 19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease. 19.1.4 Tenant makes an assignment for the benefit of creditors. 19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets. 19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code. 19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 2 contracts
Sources: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute an “Event of Default” a default of this Lease by Tenant:
19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, or any part thereof, when due; and the continuation of such failure continues for more than five (5) business days following Tenant▇▇▇▇▇▇’s receipt of written notice of delinquency; provided, however, that any such notice shall be in lieu of, and not in addition to, to any notice required under California Code of Civil Procedure Section 1161 or and any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; oror 37 GENESIS 1900 ALAMEDA
19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease.
19.1.4 Tenant ▇▇▇▇▇▇ makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 2 contracts
Sources: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute an “Event of Default” a default of this Lease by Tenant:
19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, and such failure continues for more than or any part thereof, within five (5) business days following Tenant’s receipt of written after notice of delinquency; provided, however, that such amounts are past due (provided that Landlord shall have no obligation to give notices more than one (1) time in any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or12 month period for regularly scheduled payments);
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further however that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease.
19.1.4 Tenant makes an assignment for the benefit of creditors.
19.1.5 19.1.4 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 19.1.5 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 19.1.6 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
19.1.7 Tenant fails to deliver an estoppel certificate in accordance with Article 17 and such failure continues for an additional three (3) business days after ▇▇▇▇▇▇▇▇’s second request.
19.1.8 ▇▇▇▇▇▇’s interest in this Lease is attached, executed upon or otherwise judicially seized and such action is not released within one hundred twenty (120) days of the action.
Appears in 2 contracts
Sources: Lease (Sionna Therapeutics, Inc.), Lease (Sionna Therapeutics, Inc.)
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The Tenant shall only be deemed to be in default or breach of this Lease upon the occurrence of any of the following shall constitute an “Event of Default” of this Lease by Tenantfollowing:
19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, and such failure continues for more than or any part thereof, within five (5) business days following Tenant’s receipt after delivery of written notice of delinquencythat the same was not paid when due; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30)-day 15)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation Permanent abandonment of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease▇▇▇▇▇▇.
19.1.4 Tenant ▇▇▇▇▇▇ makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assetsassets and Tenant does not cure same within one hundred twenty (120) days.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy CodeCode and is not dismissed within one hundred twenty (120) days.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute an a “Event of Defaultdefault” of this Lease by Tenant:
19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, and such failure continues for more than five or any part thereof, within three (53) business days following Tenant’s receipt of after written notice of delinquency; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor lawfrom Landlord; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty twenty (3020) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty twenty (30)-day 20) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said such default as soon as possiblepossible but in no event later than ninety (90) days after Landlord’s delivery of such notice; or
19.1.3 Abandonment or vacation and/or Vacation of the Premises by Tenant. Abandonment is herein defined Tenant and failure to include, but is not limited to, comply with any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision other provisions of this Lease.
19.1.4 Any failure by Tenant to observe or perform the provisions of Sections 14, 17, 18 or 26.4 where such failure continues for more than two (2) business days after notice from Landlord.
19.1.5 Tenant’s failure to deposit with Landlord the funds required to increase or restore the Security Deposit to the amount required as and when required pursuant to Article 20 of this Lease or to provide, keep in effect, renew or increase the Letter of Credit as and when required pursuant to Addendum 1 of this Lease.
19.1.6 Tenant (i) makes an a general assignment for the benefit of creditors.
19.1.5 A receiver, trustee (ii) files a voluntary petition in bankruptcy, or custodian is appointed suffers the filing of an involuntary petition by creditors, (iii) suffers the appointment of a receiver to or does take title, possession or control of all or substantially all of Tenantits assets, (iv) suffers the attachment or other judicial seizure of all or substantially all of its assets, (v) admits in writing its inability to pay its debts as they come due, or (vi) makes an offer of settlement, extension or composition to its creditors generally. Tenant acknowledges that Landlord’s assets.
19.1.6 Tenant files a voluntary petition delivery of any notice described in the foregoing provisions of this Section 19.1 shall be in lieu of, and not in addition to, any notice required under the United States Bankruptcy California Code of Civil Procedure Section 1161 or any similar or successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.law
Appears in 1 contract
Sources: Lease (Hippo Holdings Inc.)
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any Each of the following shall constitute an events (“Event of Default” ”) shall be a breach of this Lease by Tenant:if the event occurs and continues beyond the applicable grace period.
19.1.1 Any A. The failure by Tenant to pay Landlord any Rent, Additional Rent rent or other charges pursuant to any other charge required to be paid under this provision of the Lease, as and when the same shall become due and payable if such failure continues for more than is not cured within five (5) business days.
B. The failure by Tenant to perform or observe any of the other agreements, terms, covenants or conditions hereof if such nonperformance or nonobservance continues for a period of fourteen (14) days following after written notice thereof by Landlord to Tenant or, if such performance or observance cannot be had within such 14-day period then if Tenant has not in good faith commenced such performance within such 14-day period and does not diligently and in good faith proceed therewith to completion.
C. The filing by or against Tenant in any court pursuant to any statute of the United States or of any state of a petition in bankruptcy or insolvency or for a reorganization or arrangement or for the appointment of a receiver or Fundee of all or a portion of Tenant’s receipt property, if within ninety (90) days after the commencement of any such proceedings against Tenant or after such assignment for the benefit of creditors, such petition shall not have been dismissed or such assignment shall not have been revoked.
D. The failure by Tenant to pay its debts as they become due or its admission in writing of its inability to pay its debts, or the making by Tenant of a general assignment for the benefit of creditors. For the purposes of determining whether Tenant is not paying its debts as they become due, a debt shall be deemed overdue upon the earlier of:
(1) The date on which any action or preceding therefor is commenced; or
(2) The date on which a formal notice of default or demand has been sent.
E. The transfer of ▇▇▇▇▇▇’s interest in this Lease to any person, firm, or corporation other than Tenant, whether voluntarily or by operation of law, except in the manner expressly permitted in this Lease or any subsequent amendment thereto.
F. The levy of writ of attachment or execution on ▇▇▇▇▇▇’s interest under this Lease, or other imposition of a lien upon ▇▇▇▇▇▇’s interest under this Lease, which writ or other lien is not removed or bonded against to Landlord’s satisfaction within ninety (90) days after the date of levy or imposition.
G. The vacating or abandoning of the Property by ▇▇▇▇▇▇ at any time during the Term hereof. Any written notice of delinquency; provided, however, that given by Landlord with respect to any such notice alleged breach shall be in lieu of, and not in addition to, any written notice required under California Code of Civil Procedure Section 1161 or by any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Leaseapplicable unlawful detainer statute.
19.1.4 Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Sources: Lease Agreement
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any Each of the following acts or omissions of Tenant or occurrences shall constitute an “Event of Default” of this Lease by Tenant”:
19.1.1 15.1.1 Any failure or refusal by Tenant to timely pay any Rent, Additional Rent or any other charge payments or charges required to be paid under this Leasehereunder, and such failure continues for more than or any portion thereof, within five (5) business days following Tenant’s receipt of written notice of delinquencythat the same is due; provided, however, that Landlord shall not be required to send such written notice to Tenant more than twice in any twelve (12)-month period and after two (2) such written notices, Landlord shall have no obligation to give Tenant written notice of any subsequent default during the remainder of such twelve (12)-month period and Tenant’s failure or refusal to timely pay Rent or other sums due hereunder when due during the remainder of such twelve (12)-month period shall constitute an Event of Default.
15.1.2 Any failure by Tenant to perform or observe any other covenant or condition of this Lease (including, without limitation, in the Datacenter Rules and Regulations) to be performed or observed by Tenant (other than those described in Section 15.1.1, above or Sections 15.1.3, 15.1.4, or 15.1.5, below) if such failure continues for a period of ten (10) days following written notice to Tenant of such failure; provided, however, that in the event Tenant’s failure to perform or observe any covenant or condition of this Lease to be performed or observed by Tenant cannot reasonably be cured within ten (10) days following written notice to Tenant, Tenant shall not be in default if Tenant commences to cure same within the ten (10) day period and thereafter diligently prosecutes the curing thereof to completion within thirty (30) days following such written notice; provided, however, that Landlord shall not be required to send such written notice to Tenant more than three (3) times in any twelve (12)-month period for the same non-monetary default and after three (3) such written notices for the same non-monetary default, Landlord shall have no obligation to give Tenant written notice of the same non-monetary default during the remainder of such twelve (12)-month period and any subsequent occurrence of the same non-monetary default during the remainder of such twelve (12)-month period shall, at the election of Landlord, constitute an Event of Default.
15.1.3 The filing or execution or occurrence of any one of the following: (i) a petition in bankruptcy or other insolvency proceeding by or against Tenant, (ii) a petition or answer seeking relief under any provision of the Bankruptcy Act, (iii) an assignment for the benefit of creditors, (iv) a petition or other proceeding by or against Tenant for the appointment of a trustee, receiver or liquidator of Tenant or any of Tenant’s property, which proceeding or appointment is not dismissed within ninety (90) days, or (v) a proceeding by any governmental authority for the dissolution or liquidation of Tenant or any other instance whereby Tenant or any general partner of Tenant shall cease doing business as a going concern, which proceeding is not dismissed within ninety (90) days.
15.1.4 Any failure by Tenant to execute and deliver any statement or document described in either Article 11 or Section 12.1 requested to be so executed and delivered by Landlord within the time periods specified therein applicable thereto, where such failure continues for three (3) days after delivery of written notice of such failure by Landlord to Tenant.
15.1.5 Any default by Tenant or any affiliate of Tenant under the MMR Lease. The parties hereto acknowledge and agree that all of the notice periods provided in this Section 15.1 are in lieu of, and not in addition to, any the notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default requirements of any provision of this LeaseApplicable Laws.
19.1.4 Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute an “Event of Default” a default of this Lease by Tenant:
19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, and such failure continues for more than five (5) business days following Tenant’s receipt of written notice of delinquency; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor lawpart thereof, when due; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty twenty (3020) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty twenty (30)-day 20) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or;
19.1.3 Abandonment or vacation The abandonment of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease.; or
19.1.4 The making of a general assignment by Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee the filing of a voluntary petition by Tenant or the filing of an involuntary petition by any of Tenant’s creditors seeking the rehabilitation, liquidation, or reorganization of Tenant under any law relating to bankruptcy, insolvency or other relief of debtors and, in the case of an involuntary action, the failure to remove or discharge the same within sixty (60) days of such filing, the appointment of a receiver or other custodian is appointed to take possession of substantially all of Tenant’s assets or does take titlethis leasehold, possession Tenant’s insolvency or control inability to pay Tenant’s debts or failure generally to pay Tenant’s debts when due, any court entering a decree or order directing the winding up or liquidation of all Tenant or of substantially all of Tenant’s assets.
19.1.6 , Tenant files a voluntary petition under taking any action toward the United States Bankruptcy Code dissolution or any successor statute (as winding up of Tenant’s affairs, the same may be amended from time to time, (the “Bankruptcy Code”) cessation or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter suspension of Tenant’s use of the Bankruptcy CodePremises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Sources: Office Lease (Cafepress Inc.)
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence and continuance of any of the following events, acts or circumstances shall be and constitute an “"Event of Default” of this Lease " by Tenant:▇▇▇▇▇▇.
19.1.1 Any failure (a) Failure by Tenant to pay in full any Rent, Additional Rent or any other charge required to be paid payable under this LeaseLease when due, and the continuance of such failure continues for more than five fifteen (515) business days following after Landlord gives Notice of such failure to Tenant’s receipt of written notice of delinquency; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or.
19.1.2 Any failure (b) Failure by Tenant to observe observe, perform or perform comply with any other provisionof the material terms, covenant covenants, agreements or condition of conditions contained in this Lease to be observed or performed by Tenant (other than as specified in Section 15.1(a), (c) or (d)) and the payment continuance of Rent or Additional Rent) where such failure continues for forty-five (45) days after Landlord gives Notice of such failure to Tenant (which Notice shall specifically set out such failure), or, when the cure reasonably requires more than forty-five (45) days, the failure of Tenant to (i) commence to cure such failure within such period of forty-five (45) days, and (ii) to cure such default within a reasonable time, in no event to exceed one hundred twenty (120) days after the written Notice of default.
(c) Abandonment of the Land by ▇▇▇▇▇▇ and the continuance thereof for thirty (30) days after written notice thereof from Landlord gives Notice of same to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code Tenant (excluding a permitted closing of Civil Procedure the Hotel pursuant to Section 1161 6.2 or because of a casualty or condemnation).
(d) Tenant or any similar or successor law; and provided further that if the nature general partner of such default is such that the same cannot reasonably be cured within a thirty (30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease.
19.1.4 Tenant makes an or consents to a general assignment for the benefit of creditors.
19.1.5 A receiver, trustee admits in writing that it is unable to pay its debts as such become due, or custodian files a voluntary petition in any bankruptcy or insolvency proceedings; or the filing of an involuntary petition against Tenant or any member of Tenant which is appointed to not discharged within ninety (90) days of filing; or does take titlethe appointment of a receiver of ▇▇▇▇▇▇'s interest in the Land, possession the Lease, or control of all or substantially all of Tenant’s assets.
19.1.6 the assets of Tenant files or of any member of Tenant which is not terminated within forty-five (45) days thereafter; or if a voluntary petition under the United States Bankruptcy Code levy of execution or attachment shall be made against Tenant or any successor statute (as member of Tenant or its interest in the same may be amended from time to time, (Land or the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and Lease which is not dismissed discharged within one hundred twenty forty-five (12045) daysdays of issuance.
Appears in 1 contract
Sources: Deed of Lease
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any Each of the following acts or omissions of Tenant or occurrences shall constitute an “Event of Default” of this Lease by Tenant”:
19.1.1 15.1.1 Any failure or refusal by Tenant to timely pay any Rent, Additional Rent or any other charge payments or charges required to be paid under this Leasehereunder, and such failure continues for more than or any portion thereof, within five (5) business days following Tenant’s receipt of written notice of delinquencythat the same is due; provided, however, that Landlord shall not be required to send such written notice to Tenant more than twice in any twelve (12)-month period and after two (2) such written notices, Landlord shall have no obligation to give Tenant written notice of any subsequent default during the remainder of such twelve (12)-month period and Tenant’s failure or refusal to timely pay Rent or other sums hereunder when due during the remainder of such twelve (12)-month period shall constitute an Event of Default.
15.1.2 Any failure by Tenant to perform or observe any other covenant or condition of this Lease if such failure continues for a period of ten (10) days following written notice to Tenant of such failure; provided, however, that in the event Tenant’s failure to perform or observe any covenant or condition of this Lease to be performed or observed by Tenant cannot reasonably be cured within ten (10) days following written notice to Tenant, Tenant shall not be in default if Tenant commences to cure same within the ten (10)-day period and thereafter diligently prosecutes the curing thereof to completion within thirty (30) days following such written notice; provided, however, that Landlord shall not be required to send such written notice to Tenant more than three (3) times in any twelve (12)-month period for the same non-monetary default and after three (3) such written notices for the same non-monetary default, Landlord shall have no obligation to give Tenant written notice of the same non-monetary default during the remainder of such twelve (12)-month period and such third same non-monetary default shall, at the election of Landlord, constitute an Event of Default without further notice and opportunity to cure.
15.1.3 The filing or execution or occurrence of any one of the following: (i) a petition in bankruptcy or other insolvency proceeding by or against Tenant, (ii) petition or answer seeking relief under any provision of the Bankruptcy Act, (iii) an assignment for the benefit of creditors, (iv) a petition or other proceeding by or against Tenant for the appointment of a trustee, receiver or liquidator of Tenant or any of Tenant’s property which proceeding or appointment is not dismissed within ninety (90) days, or (v) a proceeding by any governmental authority for the dissolution or liquidation of Tenant or any other instance whereby Tenant or any general partner of Tenant shall cease doing business as a going concern, which proceeding is not dismissed within ninety (90) days.
15.1.4 Any Event of Default by Tenant under Section 15.1.1 in an amount equal to or greater than $200,000.00, and/or any Event of Default by one or more other Telx Tenants under any other MMR Lease which, when aggregated with any Event of Default by Tenant under Section 15,1.1, is in an amount equal to or greater than $200,000.00 (any such event, a “Material Monetary Default”) which is not cured within ten (10) days following written notice (a “Cross-Default Notice”) from Landlord to Tenant and all other Telx Tenants that Landlord intends to exercise its Cross-Default Remedy (as defined and limited as provided in Section 15.3); provided, however, if either Landlord sells the Building to a party that is not an Affiliate of Tenant or Tenant assigns its interest in this Lease to a party that is not an Affiliate of Tenant in accordance with the provisions of Section 10.2, then, in any such event, this Section 15.1.4 shall be null and void and of no further force and effect; provided, further, however, if Tenant assigns its interest in this Lease to a party that is not an Affiliate of Tenant in accordance with the provisions of Section 10.2 and another Telx Tenant assigns its interest in its MMR Lease to the same or a party that is not an Affiliate of such Tenant assignee, this Section 15.1.4 shall remain in effect as to Landlord and such assignees, but shall be of no further force or effect as to Landlord, Tenant and the other Telx Tenants.
15.1.5 Any Event of Default by Telx Parent under the Operating Agreement; provided, however, if either Landlord sells the Building to a party that is not an Affiliate of Landlord or Tenant assigns its interest in this Lease to a party that is not an Affiliate of Tenant in accordance with the provisions of Section 10.2, then, in any such event, this Section 15.1.5 shall be null and void and of no further force and effect. In the event Tenant Parent or Tenant in good faith disputes a written notice of non-monetary default (including without limitation, the failure of Tenant to maintain the Tenant Standard of Operation) under Section 15.2 of this Lease, either Tenant or Landlord may initiate the Dispute Resolution Procedures and each agree to be bound thereby. The parties hereto acknowledge and agree that all of the notice periods provided in this Section 15.1 are in lieu of, and not in addition to, any the notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default requirements of any provision of this LeaseApplicable Laws.
19.1.4 Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
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Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The Tenant shall only be deemed to be in default or breach of this Lease upon the occurrence of any of the following shall constitute an “Event of Default” of this Lease by Tenantfollowing:
19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, and such failure continues for more than or any part thereof, within five (5) business days following Tenant’s receipt after delivery of written notice of delinquency; providedthat the same was not paid when due, provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30)-day 15)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation Permanent abandonment of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease.
19.1.4 Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assetsassets and Tenant does not cure same within one hundred twenty (120) days.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy CodeCode and is not dismissed within one hundred twenty (120) days.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Sources: Lease (Poseida Therapeutics, Inc.)
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The Tenant shall only be deemed to be in default or breach of this Lease only upon the occurrence of any of the following shall constitute an “Event of Default” of this Lease by Tenantfollowing:
19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, and such failure continues for more than or any part thereof, within five (5) business days following Tenant’s receipt after delivery of written notice of delinquency; providedthat the same was not paid when due, provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30)-day 15)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation Permanent abandonment of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease.
19.1.4 Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assetsassets and Tenant does not cure same within one hundred twenty (120) days.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy CodeCode and is not dismissed within one hundred twenty (120) days.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
19.1.8 Tenant fails to deliver an estoppel certificate in accordance with Article 17 following a second request from Landlord and the passage of five (5) business days.
19.1.9 Tenant’s interest in this Lease is attached, executed upon or otherwise judicially seized and such action is not released within one hundred twenty (120) days of the action.
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Events of Default by Tenant. All covenants and agreements to be kept or performed Each of the following occurrences shall constitute an Event of Default by Tenant under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction of Rent. The occurrence of any of the following shall constitute an “Event of Default” of this Lease by TenantLease:
19.1.1 Any 16.1.1 Tenant's failure by Tenant to pay any the Rent, including Base Rent and any Additional Rent or any other charge required to be paid under this LeaseRent, and such failure continues which default shall continue for more than five ten (510) business days following Tenant’s receipt of after written notice of delinquencynotice; provided, however, that Landlord shall not be required to provide Tenant with notice of default more than two (2) times within any such notice twelve (12) month period. Thereafter, Tenant shall be in lieu of, and not in addition to, any notice required default under California Code of Civil Procedure Section 1161 or any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease if it fails to be observed or performed by Tenant (other than pay the payment of Rent, including Base Rent or and any Additional Rent, within ten (10) where such failure continues days after the date when due hereunder, without notice.
16.1.2 Tenant vacates or abandons the Premises or ceases doing business therein for a period of thirty (30) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code consecutive days;
16.1.3 The appointment of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises receiver for three (3) business days or longer while in default of any provision of this Lease.
19.1.4 Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets.'s property,
19.1.6 16.1.4 The voluntary filing by Tenant files a voluntary or any guarantor of any petition in bankruptcy or other similar petition under State law, the United States Bankruptcy Code filing of any answer by Tenant or any successor statute (guarantor admitting to insolvency or to an inability to pay its debts as they become due, or the same may be amended from time to time, (the “Bankruptcy Code”) or an order for relief is entered filing of any involuntary petition against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy Code.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and guarantor that is not dismissed within one hundred twenty (120) days.;
16.1.5 The dissolution or liquidation of Tenant;
16.1.6 Any assignment or sublease of Tenant's interest hereunder in violation of this Lease without the prior written consent of Landlord;
16.1.7 The breach by Tenant of any representations and warranties set forth in this Lease;
16.1.8 Tenant's failure to keep and perform any other obligations set forth in this Lease within thirty (30) days after written notice from Landlord of its failure to do so;
Appears in 1 contract
Sources: Office Building Lease (Inuvo, Inc.)
Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant under this Lease shall be performed by Tenant at Tenant’s 's sole cost and expense and without any reduction of Rent. The Tenant shall only be deemed to be in default or breach of this Lease upon the occurrence of any of the following shall constitute an “Event of Default” of this Lease by Tenantfollowing:
19.1.1 Any failure by Tenant to pay any Rent, Additional Rent or any other charge required to be paid under this Lease, and such failure continues for more than or any part thereof, within five (5) business days following Tenant’s receipt after delivery of written notice of delinquencythat the same was not paid when due; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or
19.1.2 Any failure by Tenant to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Tenant (other than the payment of Rent or Additional Rent) where such failure continues for thirty fifteen (3015) days after written notice thereof from Landlord to Tenant; provided however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a thirty fifteen (30)-day 15)-day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible; or
19.1.3 Abandonment or vacation Permanent abandonment of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for three (3) business days or longer while in default of any provision of this Lease.
19.1.4 Tenant makes an assignment for the benefit of creditors.
19.1.5 A receiver, trustee or custodian is appointed to or does take title, possession or control of all or substantially all of Tenant’s assets's assets and Tenant does not cure same within one hundred twenty (120) days.
19.1.6 Tenant files a voluntary petition under the United States Bankruptcy Code or any successor statute (as the same may be amended from time to time, (the “"Bankruptcy Code”") or an order for relief is entered against Tenant pursuant to a voluntary or involuntary proceeding commenced under any chapter of the Bankruptcy CodeCode and is not dismissed within one hundred twenty (120) days.
19.1.7 Any involuntary petition is filed against Tenant under any chapter of the Bankruptcy Code and is not dismissed within one hundred twenty (120) days.
Appears in 1 contract
Sources: Lease (Tocagen Inc)