Common use of Grounds for Default Clause in Contracts

Grounds for Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Tenant: A. The material falsity of any financial statements of Tenant or any Guarantor of this Lease given to Landlord as an inducement to enter into this Lease, or Tenant’s failure, during the existence of this Lease, to produce current financial statements as requested by Landlord or any lender of Landlord, respecting the center or the Premises, within twenty (20) days following Landlord’s written request to Tenant therefor. The identity of any such Guarantor, and the obligations of any such Guarantor relating to this Lease, are set forth, if applicable, in Exhibit “C” hereto. B. The legal abandonment of the Premises by Tenant. C. The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due where such failure shall continue for a period of three (3) days after written notice thereof from Landlord to Tenant may specify and require that all such delinquent payments (including, without limitation, returned checks) shall, at Landlord’s option, be tendered by Tenant to Landlord in the form of a cashier’s check or money order, as a condition precedent to Tenant’s cure of such default. Landlord may, in the event of any such failure by Tenant, also require Tenant to pay, in the form of a cashier’s check or money order, in Landlord’s sole discretion, any future payments of rent or other monetary amounts becoming due hereunder during the next succeeding twelve (12) month period of the term hereof. D. The failure of Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than described in subparagraph (c), above, or as specifically provided elsewhere herein, where such failure shall continue for a period of twenty (20) days after written notice thereof from Landlord to Tenant; provided, however, that if the nature of Tenant’s default is such that more than twenty (20) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said twenty (20) day period and thereafter diligently pursues such cure to completion. E. The making by Tenant of any general assignment for the benefit of creditors. F. The filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within thirty (30) days). G. The appointment of a trustee or receiver to take possession of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease. H. The attachment, execution or other judicial seizure of all or substantially all of Tenant’s assets located at the Premises, or of Tenant’s interest in this Lease where such seizure is not discharged within thirty (30) days. I. Failure to execute and deliver within fifteen (15) days following Landlord’s request therefor the subordination agreement and/or estoppel certificate referred to in Paragraph’s 19.01 and 19.03, respectively.

Grounds for Default. In addition to those instances specifically referred to in other provisions of this Agreement, including a Task Order, the Commissioner shall have the right to declare the Contractor in default of this Agreement or any Task Order issued hereunder if: 1. The occurrence of any one Contractor breaches a material term or more condition of the following events shall constitute Agreement, including a material default and breach Task Order, including unsatisfactory performance of this Lease by Tenant:Work; or if A. The material falsity of any financial statements of Tenant or any Guarantor of this Lease given to Landlord as an inducement to enter into this Lease, or Tenant’s failure, during the existence of this Lease, to produce current financial statements as requested by Landlord or any lender of Landlord, respecting the center or the Premises, within twenty (20) days following Landlord’s written request to Tenant therefor2. The identity of any such GuarantorContractor fails to respond to a request for a proposal for Emergency Response Work; or if 3. The Contractor fails to commence Work when notified to do so by the Agency; or if 4. The Contractor abandons the Work; or if 5. The Contractor shall refuse to proceed with the Work when and as directed by the Commissioner; or if 6. The Contractor, and the obligations of any such Guarantor relating without just cause, reduces its working force to this Lease, are set fortha number that, if applicablemaintained, in Exhibit “C” hereto. B. The legal abandonment of the Premises by Tenant. C. The failure by Tenant to make any payment of rent or any other payment required to would be made by Tenant hereunder, as and when due where such failure shall continue for a period of three (3) days after written notice thereof from Landlord to Tenant may specify and require that all such delinquent payments (including, without limitation, returned checks) shall, at Landlord’s option, be tendered by Tenant to Landlord in the form of a cashier’s check or money order, as a condition precedent to Tenant’s cure of such default. Landlord mayinsufficient, in the event opinion of any such failure by Tenantthe Commissioner, also require Tenant to pay, complete the Work in accordance with the progress schedule (if applicable) or within the time set forth in the form Task Order; or if 7. The Contractor fails or refuses to increase sufficiently such working force when ordered to do so by the Commissioner; or if 8. The Contractor sublets, assigns, transfers, converts or otherwise disposes of this Agreement other than as herein specified; or sells or assigns a cashier’s check majority interest in the Contractor; or money orderif 9. The Contractor fails to secure and maintain all required insurance or fails to cause its Subcontractors to secure and maintain all required insurance (if applicable); or if 10. The Contractor is unable to perform Work due to a lack of capacity or conflict of interest; or if 11. The Contractor is insolvent or proceedings by or against the Contractor, in Landlord’s sole discretioneither voluntarily or involuntarily, any future payments of rent are commenced under the Bankruptcy Code or other monetary amounts becoming due hereunder during relating to the next succeeding twelve (12) month period insolvency, receivership, liquidation, or composition of the term hereof.Contractor for the benefit of creditors; or if D. 12. The failure Commissioner shall be of Tenant to observe the opinion that the Contractor is or perform has been unnecessarily or unreasonably or willfully delaying the performance and completion of the Work, or the award of necessary subcontracts, or the placing of necessary material and equipment orders; or if 13. The Commissioner shall be of the opinion that the Contractor is or has been willfully or in bad faith violating any of the covenants, conditions or provisions of this Lease Agreement, including a Task Order; or if 14. The Commissioner shall be of the opinion that the Work cannot be completed within the time set forth in the Task Order or within the time to be observed or performed by Tenant, other than described in subparagraph (c), above, or as specifically provided elsewhere herein, where which such failure shall continue for a period of twenty (20) days after written notice thereof from Landlord to Tenantcompletion may have been extended; provided, however, that if the nature impossibility of Tenant’s default is such that more than twenty (20) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said twenty (20) day period and thereafter diligently pursues such cure to completion. E. The making by Tenant of any general assignment for the benefit of creditors. F. The filing by or against Tenant of a petition to have Tenant adjudged a bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unlesstimely completion is, in the case Commissioner’s opinion, attributable to conditions within the Contractor’s control; or if 15. The Work is not completed within the time set forth in the Task Order or within the time to which the Contractor may be entitled to have such completion extended; or if 16. Any statement or representation of a petition filed against Tenantthe Contractor in the Agreement or in any document submitted by the Contractor with respect to the Work, the same is dismissed within thirty (30) days). G. The appointment of a trustee or receiver to take possession of all or substantially all of Tenant’s assets located at the PremisesTask Order, or the Agreement (or for purposes of Tenant’s interest in this Lease.securing the Agreement, including a Task Order) was untrue or incorrect when made; or if H. 17. The attachmentContractor or any of its officers, execution directors, partners, five percent or greater shareholders, principals, or other judicial seizure employee or person substantially involved in its activities are indicted or convicted after execution of all the Agreement under any state or substantially all federal law of Tenant’s assets located at any of the Premisesfollowing: a. a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract; b. fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of Tenant’s interest records, or receiving stolen property; c. a criminal violation of any state or federal antitrust law; d. violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. §§ 1961 et seq., or the Mail Fraud Act, 18 U.S.C. §§ 1341 et seq., for acts in this Lease where such seizure is not discharged within thirty (30) days. I. Failure to execute and deliver within fifteen (15) days following Landlord’s request therefor connection with the subordination agreement and/or estoppel certificate referred to in Paragraph’s 19.01 and 19.03, respectively.submission of bids or proposals for a public or private contract;