Common use of Habitual Default Clause in Contracts

Habitual Default. Notwithstanding the foregoing, if Lessee has, in the sole discretion of the Aviation Department, frequently, regularly, or repetitively defaulted in the performance of, or breached any of, or been in noncompliance with, any of the terms and conditions required herein to be kept and performed by ▇▇▇▇▇▇, and regardless of whether Lessee has cured each individual condition of breach or default, Lessee may be determined by the Aviation Department to be a "habitual violator." At the time such determination is made, the Aviation Department shall issue to Lessee a written notice advising of such determination and citing the circumstances. The notice shall also advise that there shall be no further notice or cure periods to correct any subsequent breaches or defaults and that any subsequent breaches or defaults of whatever nature, taken with all previous breaches and defaults, shall be considered cumulatively and, collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to Lessee. Such termination shall be effective upon delivery of the notice to Lessee.

Habitual Default. Notwithstanding the foregoing, if Lessee has, in the sole discretion of event that the Aviation Department, Lessee has frequently, regularly, regularly or repetitively defaulted in the performance of, of or breached any of, or been in noncompliance with, any of the terms terms, covenants and conditions required herein to be kept and performed by ▇▇▇▇▇▇the Lessee, and regardless of whether the Lessee has cured each individual condition of breach or default, the Lessee may be determined by the Aviation Department to be a an "habitual violator." At the time that such determination is made, the Aviation Department shall issue to the Lessee a written notice advising of such determination and citing the circumstances. The Such notice shall also advise Lessee that there shall be no further notice or cure grace periods to correct any subsequent breaches or defaults and that any subsequent breaches or defaults of whatever nature, taken with all previous breaches and defaults, shall be considered cumulatively and, cumulative and collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to the Lessee. Such , such termination shall to be effective upon delivery of the written notice to Lessee. In the event of a termination pursuant to this Section 19, the Lessee shall have no right to payment of the Buy-Out Amount or any other amounts under Section 34 or Subsection 35(c).

Habitual Default. Notwithstanding the foregoing, if Lessee has, in the sole discretion of the Aviation Department, frequently, regularly, or repetitively defaulted in the performance of, or breached any of, or been in noncompliance with, any of the terms and conditions required herein to be kept and performed by ▇▇▇▇▇▇Lessee, and regardless of whether Lessee has cured each individual condition of breach or default, the Lessee may be determined by the Aviation Department to be a "habitual violator." At the time such determination is made, the Aviation Department shall issue to Lessee a written notice advising of such determination and citing the circumstances. The notice shall also advise that there shall be no further notice or cure periods to correct any subsequent breaches or defaults and that any subsequent breaches or defaults of whatever nature, taken with all previous breaches and defaults, shall be considered cumulatively and, collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to Lessee. Such termination shall be effective upon delivery of the notice to Lessee.

Habitual Default. Notwithstanding the foregoing, if Lessee has, in the sole discretion of event that the Aviation Department, LESSEE has frequently, regularly, or repetitively defaulted in the performance of, of or breached any of, or been in noncompliance with, any of the terms terms, covenants, and conditions required herein to be kept and performed by ▇▇▇▇▇▇the LESSEE, and regardless of whether Lessee the LESSEE has cured each individual condition of breach or default, Lessee the LESSEE may be determined by the Aviation Department LESSOR to be a "an “habitual violator." ” At the time that such determination is made, the Aviation Department LESSOR shall issue to Lessee the LESSEE a written notice advising of such determination and citing the circumstancescircumstances therefore. The Such notice shall also advise LESSEE that there shall be no further notice or cure grace periods to correct any subsequent breaches or defaults and that any subsequent breaches or defaults of whatever nature, taken with all previous breaches and defaults, shall be considered cumulatively andcumulative, collectively, and collectively shall constitute a condition of noncurable non-curable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County LESSOR may terminate this Agreement upon the giving of written notice of termination to Lessee. Such the LESSEE, such termination shall to be effective upon delivery of the notice to Lesseethe LESSEE.

Habitual Default. Notwithstanding the foregoing, if Lessee has, in the sole discretion of event that the Aviation Department, Lessee has frequently, regularly, regularly or repetitively defaulted in the performance of, of or breached any of, or been in noncompliance with, any of the terms terms, covenants and conditions required herein to be kept and performed by ▇▇▇▇▇▇the Lessee, and regardless of whether the Lessee has cured each individual condition of breach or default, the Lessee may be determined by the Aviation Department to be a "an “habitual violator." ” At the time that such determination is made, the Aviation Department shall issue to the Lessee a written notice advising of such determination and citing the circumstancescircumstances therefor. The Such notice shall also advise Lessee that there shall be no further notice or cure grace periods to correct any subsequent breaches or defaults and that any subsequent breaches or defaults of whatever nature, taken with all previous breaches and defaults, shall be considered cumulatively and, cumulative and collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to the Lessee. Such , such termination shall to be effective upon delivery of the notice to the Lessee.

Habitual Default. Notwithstanding the foregoing, if Lessee in the event that the Concessionaire has, in the sole discretion of the Aviation Department, frequently, regularly, or repetitively defaulted in the performance of, of or breached any of, or been in noncompliance with, any of the terms terms, covenants, and conditions required herein to be kept and performed by ▇▇▇▇▇▇the Concessionaire, and regardless of whether Lessee the Concessionaire has cured each individual condition of breach or default, Lessee the Concessionaire may be determined by the Aviation Department to be a an "habitual violator." At the time that such determination is made, the Aviation Department shall issue to Lessee the Concessionaire a written notice advising of such determination and citing the circumstances. The Such notice shall also advise Concessionaire that there shall be no further notice or cure grace periods to correct any subsequent breaches or defaults and that any subsequent breaches or defaults of whatever nature, taken with all previous breaches and defaults, shall be considered cumulatively and, cumulative and collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to Lesseethe Concessionaire. Such termination shall be effective upon delivery of the notice to Lesseethe Concessionaire.

Habitual Default. Notwithstanding the foregoing, if Lessee has, in the sole discretion event Lessee defaults in its performance of the Aviation Department, frequently, regularly, or repetitively defaulted in the performance of, or breached any of, or been in noncompliance with, breaches any of the terms terms, covenants, and conditions required herein to be kept and performed by ▇▇▇▇▇▇Lessee three (3) or more times in three (3) consecutive months over the Lease Term hereof, and regardless of whether Lessee has cured each individual condition of breach or default, Lessee may be determined by the Aviation Lessor's Port Everglades Department to be a "habitual violator." At the time that such determination is made, the Aviation said Department shall issue to Lessee a written notice advising of such determination and citing the circumstancescircumstances therefor. The notice shall also advise Lessee that there shall be no further notice or cure grace periods to correct any subsequent breaches or defaults and that any subsequent breaches or defaults of whatever nature, taken with all previous breaches and defaults, shall be considered cumulatively and, collectively, cumulative and collectively shall constitute a condition of noncurable default and grounds a Triggering Event as provided for immediate termination in Section B. of this Agreement. In article and Lessor shall have the event right to exercise any right set forth in Section A. of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to Lessee. Such termination shall be effective upon delivery of the article without further notice to Lessee, except as to terminating.

Habitual Default. Notwithstanding the foregoing, if Lessee has, in the sole discretion of event that the Aviation Department, Concessionaire has frequently, regularly, regularly or repetitively defaulted in the performance of, of or breached any of, or been in noncompliance with, any of the terms terms, covenants and conditions required herein to be kept and performed by ▇▇▇▇▇▇the Concessionaire, and regardless of whether Lessee the Concessionaire has cured each individual condition of breach or default, Lessee the Concessionaire may be determined by the Aviation Department to be a an "habitual violator." At the time that such determination is made, the Aviation Department shall issue to Lessee the Concessionaire a written notice advising of such determination and citing the circumstances. The Such notice shall also advise Concessionaire that there shall be no further notice or cure grace periods to correct any subsequent breaches or defaults and that any subsequent breaches or defaults of whatever nature, taken with all previous breaches and defaults, shall be considered cumulatively and, cumulative and collectively, shall constitute a condition of noncurable default and grounds for immediate termination of this Agreement. In the event of any such subsequent breach or default, the County may terminate this Agreement upon the giving of written notice of termination to Lessee. Such the Concessionaire, such termination shall to be effective upon delivery of the notice to Lesseethe Concessionaire.