Events of Default by Tenant. Each of the following shall constitute an Event of Default by Tenant under this Lease: 15.1.1 Any failure or refusal by Tenant to timely pay any undisputed* portions of Rent or other payments or charges required to be paid hereunder, within ten (10) days of notice that the same is due. * In order to be considered to have been properly disputed, the relevant amount(s) must have been timely disputed in good faith in writing by Tenant prior to the due date thereof. 15.1.2 Any failure by Tenant to perform or observe any other covenant or condition of this Lease (including, without limitation, those contained 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 thirty (30) 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 thirty (30) days following written notice to Tenant, Tenant shall not be in default if Tenant commences to cure same within such thirty (30) day period and thereafter diligently prosecutes the curing thereof to completion.
Appears in 4 contracts
Sources: Datacenter Lease (Endurance International Group Holdings, Inc.), Turn Key Datacenter Lease (Endurance International Group Holdings, Inc.), Datacenter Lease (Constant Contact, Inc.)
Events of Default by Tenant. Each of the following shall constitute an Event of Default by Tenant under this Lease:
15.1.1 Any failure or refusal by Tenant to timely pay any undisputed* portions of Rent or any other payments or charges required to be paid hereunder, or any portion thereof, within ten five (105) business days of after notice that the same is due. * In order to be considered to have been properly disputed, the relevant amount(s) must have been timely disputed in good faith in writing by Tenant prior to the due date thereof.
15.1.2 Any failure by Tenant to perform or observe any other covenant or condition of this Lease (including, without limitation, including those contained 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 thirty twenty (3020) 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 thirty twenty (3020) days following written notice to Tenant, Tenant shall not be in default if Tenant commences to cure same within such thirty twenty (3020) day period and thereafter diligently prosecutes the curing thereof to completion.
Appears in 4 contracts
Sources: Deed of Turn Key Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc), Turn Key Datacenter Lease (Carbonite Inc)
Events of Default by Tenant. Each 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 a default of Default this Lease by Tenant under this LeaseTenant:
15.1.1 19.1.1 Any failure or refusal by Tenant to timely pay any undisputed* portions of Rent or any other payments or charges required to be paid hereunderunder this Lease, or any part thereof, within ten five (105) days of notice that the same is date due. * In order to be considered to have been properly disputed, the relevant amount(s) must have been timely disputed in good faith in writing by Tenant prior to the due date thereof.; or
15.1.2 19.1.2 Any failure by Tenant to observe or perform or observe any other covenant or condition of this Lease (includingprovision, without limitationobligation, those contained 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 thirty (30) 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 observed or performed or observed by Tenant where such failure continues for fifteen (15) days after written notice thereof from Landlord to Tenant; provided however, if the nature of such default is such that the same cannot reasonably be cured within thirty a fifteen (3015) days following written notice to Tenantday period, Tenant shall not be deemed to be in default if Tenant it diligently commences to such cure same within such thirty (30) day period and thereafter diligently prosecutes the curing thereof proceeds to completion.rectify and cure said default as soon as possible; or
Appears in 1 contract
Sources: Lease (Invitae Corp)