Common use of If Tenant Clause in Contracts

If Tenant. (i) fails to pay when due any Base Rent or Additional Rent, or any other sum of money which Tenant is obligated to pay, as provided in this Lease and shall fail to pay such within five (5) days after written notice thereof by Landlord (provided that Tenant shall not be entitled to notice or an opportunity to cure more than twice in any consecutive twelve (12) month period during the Term hereof); or (ii) breaches any other agreement, covenant or obligation herein set forth and such breach shall continue and not be remedied within thirty (30) days after Landlord shall have given Tenant written notice specifying the breach, or if such breach cannot, with due diligence, be cured within said period of thirty (30) days and Tenant does not within said thirty (30) day period commence and thereafter with reasonable diligence completely cure the breach within a reasonable time; or (iii) files (or has filed against it and not stayed or vacated within sixty (60) days after filing) any petition or action for relief under any creditor's law (including bankruptcy, reorganization, or similar action), either in state or federal court; or (iv) makes any transfer in fraud of creditors as defined in S▇▇▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Bankruptcy Code (11 U.S.C. [1548, as amended or replaced), has a receiver appointed for its assets (and appointment shall not have been stayed or vacated within thirty (30) days), or makes an assignment for benefit of creditors (each, if uncured, a "Default"); then Tenant shall be in default hereunder, and, in addition to any other lawful right or remedy which it may have, Landlord may do the following: (i) terminate this Lease; (ii) repossess the Premises, and with or without terminating, relet the same at such amount as Landlord deems reasonable; and if the amount for which the Premises is relet is less than Tenant's Base Rent and all other obligations of Tenant to Landlord hereunder, Tenant, provided the amount for which the Premises is relet is approximately equal to the fair market rental value of the Premises, shall pay the difference between the amount as paid by the new tenant and the amounts due hereunder to Landlord, but if in excess of Tenant's Base Rent, and all other obligations of Tenant hereunder, the entire amount obtained from such reletting shall belong to Landlord, free of any claim of Tenant thereto. All reasonable expenses of Landlord in repairing, restoring or altering the Premises for reletting as general office space, together with leasing fees and all other reasonable expenses in seeking and obtaining a new tenant, shall be charged to and be a liability of Tenant. Landlord's reasonable attorneys' fees (not exceeding such attorneys' actual fees at customary hourly rates) in pursuing any of the foregoing remedies, or in collecting any Base Rent or Additional Rent due by Tenant hereunder, shall be paid by Tenant. Tenant further agrees that Landlord may obtain an order for summary ejectment from any court of competent jurisdiction without prejudice to Landlord's rights to otherwise collect rents from Tenant. All rights and remedies of Landlord are cumulative, and the exercise of any one shall not be an election excluding Landlord at any other time from exercise of a different or inconsistent remedy. No exercise by Landlord of any right or remedy granted herein shall constitute or effect a termination of this Lease unless Landlord shall so elect by written notice delivered to Tenant. No waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a further waiver of the same at a later time, and acceptance of Base Rent or Additional Rent by Landlord, even with knowledge of a Default by Tenant, shall not constitute a waiver of such Default.

If Tenant. (i) fails to pay when due any Base Rent or Additional Rent, or any other sum of money which Tenant is obligated to pay, as provided in this Lease and shall fail to pay such within five (5) days after written notice thereof by Landlord (provided that Tenant shall not be entitled to notice or an opportunity to cure more than twice in any consecutive twelve (12) month period during the Term hereof); or (ii) breaches any other agreement, covenant or obligation herein set forth and such breach shall continue and not be remedied within thirty (30) days after Landlord shall have given Tenant written notice specifying the breach, or if such breach cannot, with due diligence, be cured within said period of thirty (30) days and Tenant does not within said thirty (30) day period commence and thereafter with reasonable diligence completely cure the breach within a reasonable time; or (iii) files (or has filed against it and not stayed or vacated within sixty (60) days after filing) any petition or action for relief under any creditor's law (including bankruptcy, reorganization, or similar action), either in state or federal court; or (iv) makes any transfer in fraud of creditors as defined in S▇▇▇Sect▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Bankruptcy ▇▇▇kruptcy Code (11 U.S.C. [1548, as amended or replaced), has a receiver appointed for its assets (and appointment shall not have been stayed or vacated within thirty (30) days), or makes an assignment for benefit of creditors (each, if uncured, a "Default"); then Tenant shall be in default hereunder, and, in addition to any other lawful right or remedy which it may have, Landlord may do the following: (i) terminate this Lease; (ii) repossess the Premises, and with or without terminating, relet the same at such amount as Landlord deems reasonable; and if the amount for which the Premises is relet is less than Tenant's Base Rent and all other obligations of Tenant to Landlord hereunder, Tenant, provided the amount for which the Premises is relet is approximately equal to the fair market rental value of the Premises, shall pay the difference between the amount as paid by the new tenant and the amounts due hereunder to Landlord, but if in excess of Tenant's Base Rent, and all other obligations of Tenant hereunder, the entire amount obtained from such reletting shall belong to Landlord, free of any claim of Tenant thereto. All reasonable expenses of Landlord in repairing, restoring or altering the Premises for reletting as general office space, together with leasing fees and all other reasonable expenses in seeking and obtaining a new tenant, shall be charged to and be a liability of Tenant. Landlord's reasonable attorneys' fees (not exceeding such attorneys' actual fees at customary hourly rates) in pursuing any of the foregoing remedies, or in collecting any Base Rent or Additional Rent due by Tenant hereunder, shall be paid by Tenant. Tenant further agrees that Landlord may obtain an order for summary ejectment from any court of competent jurisdiction without prejudice to Landlord's rights to otherwise collect rents from Tenant. All rights and remedies of Landlord are cumulative, and the exercise of any one shall not be an election excluding Landlord at any other time from exercise of a different or inconsistent remedy. No exercise by Landlord of any right or remedy granted herein shall constitute or effect a termination of this Lease unless Landlord shall so elect by written notice delivered to Tenant. No waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a further waiver of the same at a later time, and acceptance of Base Rent or Additional Rent by Landlord, even with knowledge of a Default by Tenant, shall not constitute a waiver of such Default.

If Tenant. (i) after 5 days’ notice and opportunity to cure, fails to pay when due any Base Rent installment or Additional other payment of Rent, or to keep in effect any other sum of money which Tenant is obligated insurance required to pay, as provided in this Lease and shall fail to pay such within five (5) days after written notice thereof by Landlord (provided that Tenant shall not be entitled to notice or an opportunity to cure more than twice in any consecutive twelve (12) month period during the Term hereof)maintained hereunder; or (ii) breaches any other agreement, covenant abandons the Premises or obligation herein set forth and such breach shall continue and not be remedied within thirty (30) days after Landlord shall have given Tenant written notice specifying fails to accept tender of possession of the breach, or if such breach cannot, with due diligence, be cured within said period of thirty (30) days and Tenant does not within said thirty (30) day period commence and thereafter with reasonable diligence completely cure the breach within a reasonable timePremises; or (iii) makes a general assignment for the benefit of creditors, files (a voluntary bankruptcy or has an involuntary petition in bankruptcy is filed against it and Tenant which petition is not stayed or vacated dismissed within sixty (60) 60 days after of its filing) any petition or action for relief under any creditor's law (including bankruptcy, reorganization, or similar action), either in state or federal court; or (iv) makes fails to cause to be released any transfer mechanic’s liens arising out of work performed by Tenant or Tenant’s contractors filed against the Premises or the Building within 30 days after the date the same shall have been filed or recorded; or (v) after 10 days’ notice and opportunity to cure, fails to observe or perform according to the provisions of Article 17 or 18 within the time periods specified in fraud such Articles, or (vi) fails to perform or observe any of creditors as defined in S▇▇▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Bankruptcy Code the other covenants, conditions or agreements contained herein on Tenant’s part to be kept or performed and such failure shall continue for 30 days after notice thereof is given by or on behalf of Landlord; provided that if such failure under this clause (11 U.S.C. [1548vi) is not capable of cure within 30 days, as amended or replaced), has a receiver appointed for its assets (and appointment Tenant shall not have been stayed be in default so long as Tenant diligently proves cure thereof, then any such event or vacated within thirty (30) days), or makes an assignment for benefit of creditors (each, if uncured, conduct shall constitute a "Default"); then Tenant “default” hereunder. All notices required to be given under this paragraph shall be in default hereunderlieu of, and, and not in addition to any other lawful right notice requirements imposed by law, statute, ordinance, governmental regulation or remedy requirement of the United States, the State in which it may havethe Building is located or any local government authority or agency or any political subdivision thereof, Landlord may do now or hereafter in effect. If Tenant or any guarantor hereunder files a voluntary petition pursuant to the following: (i) terminate this Lease; (ii) repossess the PremisesUnited States Bankruptcy Reform Act of 1978, and with or without terminating, relet as the same at such amount as Landlord deems reasonable; and may be from time to time be amended (the “Bankruptcy Code”), or take the benefit of any insolvency act or be dissolved, or if the amount an involuntary petition or proceeding for which the Premises dissolution or liquidation is relet is less than Tenant's Base Rent and all other obligations of filed against Tenant to Landlord hereunder, Tenant, provided the amount for which the Premises is relet is approximately equal pursuant to the fair market rental value Bankruptcy Code and said petition is not dismissed within 60 days after such filing, or if a proceeding for the appointment of a trustee or a receiver is commenced for Tenant’s business or all or a portion of its assets and the appointment of such receiver is not vacated within 60 days after such appointment, or if it shall make a general assignment for the benefit of its creditors, then Landlord shall have all of the Premises, shall pay rights provided for in the difference between event of nonpayment of the amount as paid by Rent. Tenant hereby stipulates to the new tenant lifting of the automatic stay in effect and the amounts due hereunder to Landlord, but if in excess of Tenant's Base Rent, and all other obligations of Tenant hereunder, the entire amount obtained relief from such reletting shall belong to Landlordstay in the event Tenant files a petition under the Bankruptcy Code, free of any claim of Tenant thereto. All reasonable expenses for the purpose of Landlord in repairing, restoring or altering the Premises for reletting as general office space, together with leasing fees and all other reasonable expenses in seeking and obtaining a new tenant, shall be charged to and be a liability of Tenant. Landlord's reasonable attorneys' fees (not exceeding such attorneys' actual fees at customary hourly rates) in pursuing any of the foregoing remedies, or in collecting any Base Rent or Additional Rent due by Tenant hereunder, shall be paid by Tenant. Tenant further agrees that Landlord may obtain an order for summary ejectment from any court of competent jurisdiction without prejudice to Landlord's rights to otherwise collect rents from Tenant. All its rights and remedies against Tenant and/or a guarantor under this Lease. If any alleged default on the part of the Landlord are cumulativehereunder occurs, Tenant may give written notice to Landlord in the manner herein set forth and shall afford Landlord a reasonable opportunity to cure any such default. In addition, Tenant shall send a copy of any such notice by certified or registered mail, postage prepaid, to the holder of any Mortgage whose address Tenant has been provided in writing, and the exercise of shall afford such Mortgage holder a reasonable opportunity to cure any one shall not alleged default on Landlord’s behalf. In no event will any such Mortgage holder be an election excluding Landlord at responsible for any other time from exercise of a different or inconsistent remedy. No exercise by Landlord of any right or remedy granted herein shall constitute or effect a termination of this Lease unless Landlord shall so elect by written notice delivered to Tenant. No waiver by Landlord of any covenant or condition shall be deemed to imply or constitute a further waiver of the same at a later time, and acceptance of Base Rent or Additional Rent by Landlord, even with knowledge of a Default damages incurred by Tenant, shall including but not constitute limited to, lost profits or interruption of business as a waiver result of such Defaultany alleged default by Landlord hereunder.