Common use of Events of Default by Tenant Clause in Contracts

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 a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, within five (5) days after written notice of delinquency is delivered to Tenant by Landlord; provided, however, that with respect to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then Tenant’s subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency 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 where such failure continues for fifteen (15) 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 fifteen (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 of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for six (6) business days or longer while in default of any provision of this 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 of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, within when due, which failure continues for five (5) days after written notice of delinquency is delivered to Tenant by thereof from Landlord; provided, however, that with respect Tenant shall not be entitled to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant one more than two (12) such delinquency notice in the preceding notices for monetary defaults during any consecutive twelve (12) consecutive month period, then Tenant’s subsequent failure to pay and if, after two (2) such notices, any Rent or other charge sum is not paid when due shall constitute due, a default under and breach of this Lease shall be considered to have occurred without requirement of any notice or cure periodfurther notice; provided, further, that any such delinquency notice given pursuant to this Section 19.1.1 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 where such failure continues for fifteen thirty (1530) 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 fifteen thirty (15)-day 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 six three (63) business days or longer while in default of any provision of this 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 of the following shall constitute a material default and breach of this Lease by Tenant:Tenant (an "Event of Default"): 19.1.1 16.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, within five three (53) days of notice that the same is due, which notice shall be in lieu of any notice required under California Code of Civil Procedure Section [161 or any similar or successor law. 16.1.2 The abandonment of the Premises by Tenant, or the vacation of the Premises by Tenant for a period of ten (l0) consecutive days (with or without the payment of Rent), or the failure of Tenant to take occupancy of the Premises within thirty (30) days of the Commencement Date, it being agreed that the fact that any of Tenant's Property remains in the Premises shall not be evidence that Tenant has not vacated or abandoned the Premises. 16.1.3 Any failure by Tenant to execute and deliver any statement 01' document described in Articles 18 and 22 requested by Landlord within the time periods specified therein, where such failure continues for three (3) days after delivery of written notice of delinquency is delivered such failure by Landlord to Tenant by LandlordTenant; provided, however, that with respect any such notice shall be in lieu of, and 1I0t in addition to, any notice required under Section 1161 et seq., of the California Code of Civil Procedure. 16.1.4 The failure by Tenant to Base Rent observe or regular monthly payments perform any other provision of Additional Rentthis Lease to be observed or performed by Tenant, other than those described in Sections 16.1.1, 16.1.2 and 16.1.3 above, if such failure continues for twenty (20) days (except where a different period of time is specified in this Lease, in which case such different time period shall apply) after written notice thereof by Landlord has given Tenant one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then to Tenant’s subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, furtherhowever, that any if the nature of the default is such delinquency that it cannot be cured within the twenty (20) day period, no default shall exist if Tenant commences the curing of the default within the twenty (20) day period and thereafter diligently prosecutes the same to completion. The twenty (20) day notice described herein shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure Section 1161 or any similar other law now or successor law; orhereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding. 19.1.2 Any failure 16.1.5 The making or furnishing by Tenant of any warranty, representation or statement to observe Landlord in connection with this Lease, or perform any other provisionagreement to which Tenant and Landlord are parties, covenant which is false or condition misleading in any material respect when made or furnished. 16.1.6 The assignment, subletting or other Transfer, or any attempted assignment, subletting or other Transfer, of this Lease in violation of Article 15. 16.1.7 Any instance whereby Tenant or any general partner of Tenant shall cease doing business as a going concern, make an assignment for the benefit of creditors, generally not pay its debts as they become due or admit in writing its inability to pay its debts as they become due, file a petition commencing a voluntary case under any chapter of the Bankruptcy Code, be observed adjudicated an insolvent, file a petition seeking for itself any reorganization, composition, readjustment, liquidation, dissolution or performed by similar arrangement under the Bankruptcy Code or any other present or future similar statute, law, rule or regulation, or file an answer admitting the material allegations of a petition filed against it in any such proceeding, consent to the filing of such a petition or acquiesce in the appointment of a trustee, receiver, custodian or other similar official for it or of all or any substantial part of its assets or properties, or take any action looking to its dissolution or liquidation. 16.1.8 Any instance whereby a case, proceeding or other action shall be instituted against Tenant where or any general partner of Tenant seeking the entry of an order for relief against Tenant or any general partner thereof as debtor, to adjudicate Tenant or any general partner thereof as a bankrupt or insolvent, or seeking reorganization, arrangement, readjustment, liquidation, dissolution or similar relief against Tenant or any general partner thereof under the Bankruptcy Code or any other present or future similar statute, law, rule or regulation, which case, proceeding or other action either results in such failure continues entry, adjudication or issuance or entry of any other order or judgment having a similar effect, or remains undismissed for fifteen (15) 60 days, or within 60 days after written notice thereof from Landlord to the appointment (without Tenant; provided however's or such general partner's consent) of any trustee, that any receiver, custodian or other similar official for it or such notice shall be in lieu ofgeneral partner, and not in addition to, any notice required under California Code or of Civil Procedure Section 1161 all or any similar substantial part of its or successor law; such general partner's assets and provided further that if the nature of properties, such default is such that the same cannot reasonably be cured within a fifteen (15)-day period, Tenant appointment shall not be deemed vacated. 16.1.9 The appointment of a receiver, trustee or custodian to be take possession of all or any substantial portion of the assets of Tenant, or the formation of any committee of Tenant's creditors, or any class thereof, for the purpose of monitoring or investigating the financial affairs of Tenant or enforcing such creditors' rights. 16.1.10 The default by any guarantor of Tenant's obligations hereunder under any guaranty of this Lease, the attempted repudiation or revocation of any such guaranty or the participation by any such guarantor in any other event described in this Section 16.1 (as if this Section 16.1.10 referred to such guarantor in place of Tenant). [DBL:dbllMaguire Properties - SDre - YoNaturals Lease!l064.002) -18- 16,2 Landlord's Right To Terminate Upon Tenant Default. In the event of any default if it diligently commences such cure within such period by Tenant as provided in Section 16.1 above, Landlord shall have the right to terminate this Lease and thereafter diligently proceeds to rectify and cure said default as soon as possible; or 19.1.3 Abandonment or vacation recover possession of the Premises by Tenant. Abandonment is herein defined giving written notice to include, but is not limited to, any absence by Tenant from the Premises for six (6) business days or longer while in default of any provision of Landlord's election to terminate this Lease., in which event Landlord shall be entitled to receive from Tenant: plus 16.2.1 The worth at the time of award or any unpaid Rent which had been earned at the time of such termination; 16.2.2 The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the lime of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus 16.2.3 The worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the lime of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus

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 occurrence of any of the following shall constitute a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, within five (5) days after written notice of delinquency is delivered to Tenant by Landlord; provided, however, that with respect to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then Tenant’s 's subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency 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 where such failure continues for fifteen thirty (1530) 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 fifteen thirty (15)-day 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 six (6) business days or longer while in default of any provision of this 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 of the --------------------------- following shall constitute a material default and breach of this Lease by Tenant: 19.1.1 Any (A) The failure by Tenant to pay any Base Rent or make any other charge payment required to be paid under made by Tenant hereunder as and when due. (B) The abandonment of the Premises by Tenant or the vacation of the Premises by Tenant for fourteen (14) consecutive days (with or without the payment of Rent). (C) The failure by Tenant to observe or perform any other provision of this LeaseLease to be observed or performed by Tenant, or any part thereofother than those described in Sections 15.1 (A) and 15.1 (B) above, within five if such failure continues for ten (510) days days. after written notice of delinquency is delivered thereof by Landlord to Tenant by LandlordTenant; provided, however, that with respect to Base Rent or regular monthly payments if the nature of Additional Rent, if Landlord has given Tenant one the default is such that it cannot be cured within the ten (110) such delinquency notice in the preceding twelve (12) consecutive month day period, then Tenant’s subsequent failure no default shall exist if Tenant commences the curing of the default within the ten (10) day period and thereafter diligently prosecutes the same to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any completion. The ten (10) day notice or cure period; provided, further, that any such delinquency notice described herein shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure Section 1161 or any similar other law now or successor law; orhereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding. 19.1.2 Any failure (D) The making by Tenant to observe or perform its Guarantor of any other provisiongeneral assignment for the benefit of creditors, covenant the filing by or condition against Tenant or its Guarantor of this Lease to be observed a petition under any federal or performed by state bankruptcy or insolvency laws (unless, in the case of a petition filed against Tenant where such failure continues for fifteen or its Guarantor the same is dismissed within thirty (1530) days after written notice thereof from Landlord filing); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets at the Premises or Tenant's interest in this Lease or the Premises; when possession is not restored to Tenant within thirty (30) days; or the attachment, execution, or other seizure of substantially all of Tenant's assets located at the Premises or Tenant's interest in this Lease or the Premises, if such seizure is not discharged within thirty (30) days. (E) Any material misrepresentation herein, or material misrepresentation or omission in any financial statements or other materials 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 by Tenant or any similar Guarantor in connection with negotiating or successor law; and provided further that if the nature of such default is such that the same cannot reasonably be cured within a fifteen (15)-day period, Tenant shall not be deemed to be entering into this Lease or 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, connection with any absence by Tenant from the Premises for six (6) business days or longer while in default of any provision of this LeaseTransfer under Section 14.1.

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 a material default and breach of this Lease by Tenant:Tenant (an “Event of Default”): 19.1.1 16.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, within five (5) business days after written of notice of delinquency that the same is delivered to Tenant by Landlord; provideddue, however, that with respect to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then Tenant’s subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency which notice shall be in lieu of, and not in addition to, of any notice required under California Code of Civil Procedure Section 1161 or any similar or successor law; or. 19.1.2 Any 16.1.2 The abandonment of the Premises by Tenant coupled with the failure to pay rent, as provided in Section 1951.3 of the California Civil Code. 16.1.3 The failure by Tenant to observe or perform any other provision, covenant the provisions of Section 7.1 or condition of this Lease to be observed or performed by Tenant Article 10 where such failure continues for fifteen and is not remedied within three (153) business days after written notice thereof from Landlord to Tenant; 16.1.4 Any failure by Tenant to execute and deliver any statement or document described in Articles 18 and 22 requested by Landlord within the time periods specified therein, where such failure continues for five (5) business days after notice thereof by Landlord to Tenant; provided provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq., of the California Code of Civil Procedure. 16.1.5 The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant, other than those described in Sections 16.1.1, 16.1.2 and 16,1.3 above, if such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of the default is such that it cannot be cured within the thirty (30) day period, no default shall exist if Tenant commences the curing of the default within the thirty (30) day period and thereafter diligently prosecutes the same to completion. The thirty (30) day notice described herein shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure Section 1161 or any similar other law now or successor hereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding. 16.1.6 Any Rent paid by Tenant is recovered by the debtor or bankruptcy trustee as a preference payment in the event of the filing by or against Tenant of any proceeding under bankruptcy law; and provided further that if the nature of such default is such that the same cannot . 16.1.7 Any failure by Tenant to provide Landlord with a renewed LC or a substitute LC in form reasonably be cured within a acceptable to Landlord at least fifteen (15)-day period, Tenant shall not be deemed 15) days prior 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 expiration of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for six (6) business days or longer while in default of any provision of this Leasethen existing LC.

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 a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay make any payment of Rent, Additional Rent or any other charge payment required to be paid under this Lease, or any part thereof, hereunder within five three (53) business days after Landlord’s delivery to Tenant of written notice of delinquency that said payment is delivered to Tenant by Landlorddue or past due; provided, however, that with respect to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then Tenant’s subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency written notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section Sections 1161 or any et. seq. and all similar or successor lawlaws; 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 where such failure continues for fifteen thirty (1530) days after written notice thereof from Landlord to Tenant; provided 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 fifteen such thirty (15)-day 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 Vacation of the Premises by Tenant which would cause any insurance policy to be invalidated or vacation otherwise lapse, or abandonment of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from have the Premises for six (6) business days or longer while meaning ascribed to it in default of any provision of this LeaseCalifornia Civil Code Section 1951.3.

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 a default of this Lease by Tenant: 19.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof, within five (5) days after of written notice of delinquency that the same is delivered to Tenant by Landlordpast due; provided, provided however, that with respect to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then Tenant’s subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency 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 where such failure continues for fifteen twenty (1520) 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 fifteen twenty (15)-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 The 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 six three (63) business days or longer while in default of any provision of this Lease; provided, however, that Tenant’s vacation of the Premises shall not constitute a default under this Lease so long as Tenant continues to pay the Base Rent, Additional Rent and all other sums hereunder when due, and perform all of Tenant’s other obligations under this Lease; or 19.1.4 The making of a general assignment by Tenant for the benefit of creditors, 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 to take possession of substantially all of Tenant’s assets or this leasehold, Tenant’s insolvency or 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 Tenant or of substantially all of Tenant’s assets, Tenant taking any action toward the dissolution or winding up of Tenant’s affairs, the cessation or suspension of Tenant’s use of the Premises, or the attachment, execution or other judicial seizure of substantially all of Tenant’s assets or this leasehold.

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 a material default and breach of this Lease by Tenant: 19.1.1 Any (A) The failure by Tenant to pay any Base Rent or make any other charge payment required to be paid under this Leasemade by Tenant hereunder as and when due, or any part thereof, within if such failure continues for five (5) business days after written notice of delinquency is delivered thereof by Landlord to Tenant by LandlordTenant; provided, however, that with respect to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant one provided however such five (15) such delinquency day notice in the preceding twelve (12) consecutive month period, then Tenant’s subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency notice described herein shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure Section 1161 or any similar other law now or successor law; orhereafter in effect requiring that notice of default be given prior to the commencement of any unlawful detainer or other legal proceeding. 19.1.2 Any (B) The abandonment of the Premises by Tenant or the vacation of the Premises by Tenant for fourteen (14) consecutive days (with or without the payment of Rent). (C) The making by Tenant of any assignment of this Lease or any sublease of all or part of the Premises, except as expressly permitted under Article XIV of this Lease. (D) The failure by Tenant to observe or perform any other provision, covenant or condition provision of this Lease to be observed or performed by Tenant where Tenant, other than those described in Sections 15.01(A), 15.01(B) or 15.01 (C) above, if such failure continues for fifteen thirty (1530) days after written notice thereof from by Landlord to Tenant; provided provided, however, that any if the nature of the default is such that it cannot be cured within the thirty (30) day period, no default shall exist if Tenant commences the curing of the default within the thirty (30) day period and thereafter diligently prosecutes the same to completion. The thirty (30) day notice described herein shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Civil Code of Civil Procedure Section 1161 or any similar other law now or successor law; and provided further hereafter in effect requiring that if notice of default be given prior to the nature commencement of such default is such that an unlawful detainer or other legal proceeding. (E) The making by Tenant of any general assignment for the benefit of creditors, the filing by or against Tenant of a petition under any federal or state bankruptcy or insolvency laws (unless, in the case of a petition filed against Tenant the same cannot reasonably be cured is dismissed within thirty (30) days after filing); the appointment of a fifteen (15)-day period, Tenant shall not be deemed trustee or receiver 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 take possession of substantially all of Tenant’s assets at the Premises by or Tenant. Abandonment is herein defined to include’s interest in this Lease or the Premises, but when possession is not limited torestored to Tenant within thirty (30) days; or the attachment, execution or other seizure of substantially all of Tenant’s assets located at the Premises or Tenant’s interest in this Lease or the Premises, if such seizure is not discharged within thirty (30) days. (F) Any material misrepresentation herein, or material misrepresentation or omission in any absence financial statements or other materials provided by Tenant from the Premises for six (6) business days in connection with negotiating or longer while entering into this Lease or in default of connection with any provision of this LeaseTransfer under Section 14.01.

Events of Default by Tenant. All covenants and agreements to be kept or performed by Tenant The following events shall constitute events of default under this Lease shall be performed by Tenant at Tenant’s sole cost and expense and without any reduction (each, an “Event of Rent. The occurrence of any of the following shall constitute a default of this Lease by Tenant:Default”): 19.1.1 Any (a) failure by Tenant to pay any Base Rent, Additional Rent or any other charge required to be paid sum payable under this Lease, or any part thereof, within five three (53) days after written notice from Landlord that such payment is past due; (b) a default by Tenant in the performance of delinquency any of the terms, covenants, agreements, or conditions in this Lease, other than a default by Tenant in the payment when due of any Rent or other sum payable under this Lease, and the continuation of the default beyond thirty (30) days after written notice from Landlord, provided however that if the default is curable and requires more than thirty (30) days to remedy, Tenant shall not be in default if it commences to cure within such thirty (30) day period and diligently proceeds to complete the cure within a total of sixty (60) days; providing, however, that such sixty (60) day period shall be extended, on a day for day basis, for any delays in the completion of such cure directly and solely caused by an inability to obtain services, labor, or materials, or due to the failure of the governmental agency to issue necessary permits or approvals, civil commotions, fire or other casualty, and other causes beyond the reasonable control of Tenant, provided that Tenant uses its best efforts to remedy the default, without regard to cost. (c) the bankruptcy or insolvency of Tenant, a transfer by Tenant in fraud of creditors, an assignment by Tenant for the benefit of creditors, or the commencement of proceedings of any kind by or against Tenant under the Federal Bankruptcy Act or under any other insolvency, bankruptcy, or reorganization act, unless Tenant is discharged from voluntary proceedings within ninety (90) days; (d) the appointment of a receiver for a substantial part of Tenant’s assets; (e) the abandonment of the Premises, as such is defined in Section 1951.3 of the California Civil Code; (f) failure of Tenant to execute and deliver to Landlord any estoppel certificate within the time period and in the manner required by Section 17, provided that not less than five (5) business days’ notice of such failure shall have first been delivered to Tenant by Landlord; (g) the levy upon this Lease or any estate of Tenant under this Lease by attachment or execution and the failure to have the attachment or execution vacated within sixty (60) days; (h) Tenant’s breach of Section 14 (Assignment and Subletting), which is not cured within three (3) days following notice; providedand (i) Tenant’s bringing Hazardous Materials in to the Premises or the Building, howeverin breach of Section 6.1, that with respect to Base Rent or regular monthly payments of Additional Rent, if Landlord has given Tenant which is not cured within one (1) such delinquency notice in the preceding twelve (12) consecutive month period, then Tenant’s subsequent failure to pay any Rent or other charge when due shall constitute a default under this Lease without requirement of any notice or cure period; provided, further, that any such delinquency 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 where such failure continues for fifteen (15) 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 fifteen (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 of the Premises by Tenant. Abandonment is herein defined to include, but is not limited to, any absence by Tenant from the Premises for six (6) business days or longer while in default of any provision of this Leaseday.