Events of Tenant Default. Each of the following events shall be deemed to be a default under this Lease, and is referred to in this Lease as an "Event of Default": (1) A default by Tenant in the due and punctual payment of any Basic Rent or Additional Charges which continues for more than five (5) days after Tenant has received written notice of the failure to pay such Basic Rent or Additional Charges when due and payable; or (2) The neglect or failure of Tenant to perform or observe any of the terms, covenants or conditions contained in this Lease on Tenant's part to be performed or observed (other than those referred to above in subsection (1)) which is not remedied by Tenant within twenty (20) days after Landlord shall have given to Tenant written notice specifying such neglect or failure; provided that if the failure to perform cannot be reasonably cured within twenty (20) days, a reasonable additional time shall be granted so long as Tenant has diligently commenced and is diligently proceeding with the cure within the twenty (20)-day period; or (3) The assignment, transfer, mortgaging or encumbering of this Lease or the subletting of the Leased Premises in a manner not permitted by Section 17 hereof; or (4) The taking of this Lease or the Leased Premises, or any part thereof, upon execution or by other process of law directed against Tenant, or upon or subject to any attachment at the insistence of any creditor of or claimant against Tenant, which execution or attachment shall not be discharged or disposed of within thirty (30) days after the levy thereof; or (5) The abandonment of the Leased Premises by Tenant without payment of Basic Rent and Additional Charges, and performance of all other obligations of Tenant.
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Sources: Office Lease Agreement (Integrated Information Systems Inc)
Events of Tenant Default. Each of the The following events shall be deemed to be a events of default by Tenant under this Lease, and is Lease (hereinafter any one of which may be referred to in this Lease as an "“Event of Tenant Default":
”): (i) Tenant shall fail to pay any installment of rental due hereunder, including additional rent or any other charge or assessment against Tenant pursuant to the terms hereof within ten (10) days after notice of such late payment is furnished by Landlord as elsewhere provided herein; provided, however, if more than two (2) payments due of Tenant hereunder in any one (1) A calendar year are not made until after notice of such late payment is furnished by Landlord as aforesaid, then it shall be an event of default hereunder by Tenant if any subsequent payment due of Tenant hereunder in the due and punctual payment of any Basic Rent or Additional Charges which continues for more than same calendar year is not made within five (5) days after Tenant has received written notice of the failure date when due; (ii) Tenant shall fail to pay such Basic Rent comply with any term, provision, covenant or Additional Charges when due and payable; or
(2) The neglect or failure of Tenant to perform or observe any warranty made under this Lease by Tenant, other than the payment of the terms, covenants or conditions contained in this Lease on Tenant's part to be performed or observed (other than those referred to above in subsection (1)) which is not remedied by Tenant within twenty (20) days after Landlord shall have given to Tenant written notice specifying such neglect or failure; provided that if the failure to perform cannot be reasonably cured within twenty (20) days, a reasonable additional time shall be granted so long as Tenant has diligently commenced and is diligently proceeding with the cure within the twenty (20)-day period; or
(3) The assignment, transfer, mortgaging or encumbering of this Lease or the subletting of the Leased Premises in a manner not permitted by Section 17 hereof; or
(4) The taking of this Lease or the Leased Premises, rental or any part thereof, upon execution other charge or assessment payable by other process of law directed against Tenant, or upon or subject to any attachment at the insistence of any creditor of or claimant against Tenant, which execution or attachment and shall not be discharged or disposed of cure such failure within thirty (30) days after notice thereof to Tenant; provided, however, that if the levy default is not reasonably susceptible to cure within said thirty (30) days, Tenant shall have such additional time as may be necessary to affect a cure so long as Tenant is diligently pursuing a cure; (iii) Tenant shall make a general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall file a petition in any proceeding seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting or fail timely to contest the material allegations of a petition filed against it in any such proceeding; (iv) a proceeding is commenced against Tenant or any guarantor of this Lease seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, and such proceeding shall not have been dismissed within ninety (90) days after the commencement thereof; or
(5v) The abandonment a receiver or trustee shall be appointed for the Premises or for all or substantially all of the Leased assets of Tenant or of any guarantor of this Lease; or (vi) Tenant shall do or permit to be done anything which creates a lien upon the Premises by Tenant without payment of Basic Rent and Additional Charges, and performance of all other obligations of Tenantsuch lien is not removed or discharged or bonded over within sixty (60) days after the filing thereof.
Appears in 1 contract
Events of Tenant Default. Each An "Event of the following events Tenant Default" shall be deemed to be a default have occurred when: (i) Tenant has failed to perform any of its obligations or breached any of its duties under this LeaseLeasehold Improvements Agreement; (ii) Landlord has given written notice of such failure or breach to Tenant; and, and is referred (iii) Tenant has not cured such failure or breach, with respect to in this Lease as an "Event of Default":
(1) A default by Tenant in the due and punctual payment of any Basic Rent failure to pay or Additional Charges which continues for more than deposit money, within five (5) business days after Tenant has received written notice of the failure to pay such Basic Rent or Additional Charges when due and payable; or
(2) The neglect or failure of Tenant to perform or observe any of the terms, covenants or conditions contained in this Lease on Tenant's part to be performed or observed (other than those referred to above in subsection (1)) which is not remedied receipt by Tenant within twenty (20) days after of such notice from Landlord shall have given or, with respect to Tenant written notice specifying such neglect or failure; provided that if the any failure to perform cannot be reasonably cured within twenty (20) days, a reasonable additional time shall be granted so long as Tenant has diligently commenced and is diligently proceeding with the cure within the twenty (20)-day period; or
(3) The assignment, transfer, mortgaging any obligation or encumbering of this Lease or the subletting of the Leased Premises in a manner not permitted by Section 17 hereof; or
(4) The taking of this Lease or the Leased Premises, or any part thereof, upon execution or by other process of law directed against Tenant, or upon or subject to any attachment at the insistence breach of any creditor of duty, other than an obligation to pay or claimant against Tenantdeposit money, which execution or attachment shall not be discharged or disposed of within thirty (30) days after from the levy thereof; or
(5) The abandonment of the Leased Premises receipt by Tenant without payment of Basic Rent such notice from Landlord or, if Tenant has diligently commenced and Additional Chargesendeavored to cure such failure or breach but such failure cannot by its nature be cured within such period of thirty (30) days despite the diligent efforts of Tenant, then within such additional period as may reasonably be required for the completion of such cure through the diligent efforts of Tenant; provided, however, that such additional period shall not exceed ninety (90) days beyond such thirty (30) day period. The foregoing notwithstanding, in the event that Landlord is prevented or delayed by operation of law or by injunction from giving to Tenant notice that Tenant has failed to perform any of its obligations or has breached any of its duties, then no such notice shall be required, and an "Event of Tenant Default" shall be deemed to have occurred when the applicable time period referred to in clause (iii) above has elapsed from the first occurrence of such failure of performance or breach of all other obligations duty (rather than from the receipt by Tenant of Tenanta notice from Landlord).
Appears in 1 contract
Sources: Leasehold Improvements Agreement (Fair Isaac & Company Inc)