Common use of Repeated Default Clause in Contracts

Repeated Default. Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default in the timely payment of any rent due Landlord pursuant to this Lease, and if any such default after written notice shall occur two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such default shall have been cured within the period after notice, as provided in Section 9.1 above, any further similar default within said twelve (12) month period shall be deemed to be a Repeated Default. In the event of a Repeated Default, Tenant shall not have the right to cure same and Landlord, without giving Tenant any further notice and without affording Tenant any opportunity to cure such default, may exercise any rights or remedies available to Landlord pursuant to Section 9.2 hereof, including, without limitation, the right to terminate this Lease or to require Tenant to increase its security deposit to an amount satisfactory to Landlord, at Landlord's sole discretion.

Appears in 1 contract

Sources: Lease Agreement (Erico Products Inc)

Repeated Default. Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default in the timely payment of any rent due Landlord pursuant to this Lease, and if any such default after written notice shall occur two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such default shall have been cured within the period after notice, as provided in Section 9.1 13.1 above, any further similar default within said twelve (12) month period shall be deemed to be a Repeated Default. In the event of a Repeated Default, Tenant shall not have the right to cure same and Landlord, without giving Tenant any further notice and without affording Tenant any opportunity to cure such default, may exercise any rights or remedies available to Landlord pursuant to Section 9.2 13.2 hereof, including, without limitation, the right to terminate this Lease or to require Tenant to increase its security deposit to an amount satisfactory to Landlord, at Landlord's sole discretion.

Appears in 1 contract

Sources: Lease Agreement (Advanced Lighting Technologies Inc)

Repeated Default. Notwithstanding anything to the contrary set forth in this Lease, if Tenant shall be in default in the timely payment of any rent Rent due Landlord pursuant to this Lease, and if any such default default, after written notice as set forth above in Section 9.1 (a) shall occur two (2) times in any period of twelve (12) consecutive months, then, notwithstanding that such default shall have been cured within the period after such notice, as provided in Section 9.1 above, any further similar default within said twelve (12) month period shall be deemed to be a Repeated Default. In the event of a Repeated Default, Tenant shall not have the right to cure same and Landlord, without giving Tenant any further notice and without affording Tenant any opportunity to cure such default, may exercise any rights or remedies available to Landlord pursuant to Section 9.2 hereof, including, without limitation, the right to terminate this Lease or to require Tenant to increase its security deposit to an amount satisfactory to Landlord, at in Landlord's sole and absolute discretion.

Appears in 1 contract

Sources: Lease Agreement (Affymetrix Inc)