Tenant Defaults Sample Clauses
Tenant Defaults. (a) The occurrence of either of the following shall constitute a default by Tenant pursuant to this Lease: (i) Tenant's failure to pay Rent when due under this Lease, where such failure continues for ten (10) days after notice that such payment is due (which notice shall be lieu of and not in addition to any notice required under applicable law); and (ii) Tenant's failure to observe or perform any covenant, term or condition of this Lease (other than the payment of Rent) where such failure continues for thirty (30) days after notice thereof from Landlord to Tenant (which notice shall be lieu of and not in addition to any notice required under applicable law); provided that if such failure cannot reasonably be cured within such thirty (30) day period, Tenant shall not be in default hereunder so long as Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.
(b) In the event of any default by Tenant pursuant to Section 18(a) ------------- above, in addition to any other remedies available to Landlord at law or in equity, Landlord shall have the immediate option to terminate this Lease and all rights of Tenant hereunder by giving written notice of such intention to terminate. In the event that Landlord shall elect so to terminate this Lease, then Landlord may recover from Tenant:
(i) The worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus
(ii) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus
(iii) The worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus
(iv) Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom.
Tenant Defaults. Manager shall not terminate any lease, lock out any tenant, institute suit for rent or for use and occupancy, or proceedings for recovery of possession, without the prior written approval of Owner’s Representative. In connection with such suits or proceedings, only legal counsel designated and retained by Owner’s Representative shall be used. All legal expenses incurred in bringing and prosecuting such approved suit or proceeding shall be submitted to Owner’s Representative for its approval prior to payment by Manager. Manager shall not write off any income items without the prior written approval of Owner’s Representative.
Tenant Defaults. The occurrence of any of the following shall constitute a “default” by Tenant hereunder:
(a) Tenant fails to pay when due any installment or other payment of Rent or any other amount owing to Landlord within five (5) days after written notice from Landlord; or
(b) Tenant fails to keep in effect any insurance required to be maintained hereunder, and such failure continues for thirty (30) days after notice thereof given by or on behalf of Landlord; or
Tenant Defaults. Tenant shall be in material default (“Default”) under this Lease:
(a) If Tenant fails to pay rent or any other charge within five (5) business days after the date due and such failure continues for five (5) business days after written notice of such failure; or
(b) If Tenant fails to perform any of Tenant’s non-monetary obligations under this Lease for a period of thirty (30) days after written notice from Landlord; provided that if more than thirty (30) days are required to complete such performance, Tenant shall not be in default if Tenant commences such performance within the thirty (30)-day period and thereafter diligently pursues its completion; or
(c) If a “Default” occurs and is continuing under Section 10.1 of any of the other leases between Landlord and Tenant entered into concurrently with this Lease for adjacent premises located at 17572, 17622 and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Irvine, California (the “Other Leases”), unless Landlord hereunder is not at that time the landlord of the Other Lease under which the Default occurred.
Tenant Defaults. In addition to any other event under this Lease which is denominated a “Default,” the occurrence of any one or more of the following events shall constitute a “Default” under this Lease by Tenant:
Tenant Defaults. The occurrence of any of the following shall constitute a “default” by Tenant hereunder:
(i) Tenant fails to pay when due any installment or other payment of Rent or any other amount owing to Landlord, and such failure continues for five (5) days after receipt of written notice thereof given by or on behalf of Landlord provided, however, that notice relating to Tenant’s failure to pay Monthly Base Rent shall only be required two (2) times per any twelve (12) month period and thereafter no notice shall be required in connection therewith prior to the same constituting a default; or
(ii) Tenant fails to keep in effect any insurance required to be maintained hereunder, and such failure continues for thirty (30) days after notice thereof given by or on behalf of Landlord; or
(iii) Tenant or any guarantor hereunder becomes insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or an involuntary petition in bankruptcy is filed against Tenant which petition is not dismissed within sixty (60) days of its filing; or
(iv) Tenant fails to cause to be released any mechanic’s liens filed against the Premises or the Building within twenty (20) days after the date the same shall have been filed or recorded; or
(v) Tenant fails to observe or perform according to the provisions of Article 17 or 18 within the time periods specified in such Articles; or
(vi) A receiver is appointed for Tenant’s business or assets and the appointment of such receiver is not vacated within sixty (60) days after such appointment; or
(vii) Tenant fails to perform or observe any of the other covenants, conditions or agreements contained herein on Tenant’s part to be kept or performed or breaches a representation made hereunder, and such failure shall continue for thirty (30) days after notice thereof is given by or on behalf of Landlord, or if such default is curable but cure cannot reasonably be effected within such thirty (30) day period, such default shall not be a default hereunder so long as Tenant promptly commences cure within ten (10) days and thereafter diligently prosecutes such cure to completion; or
(viii) Except for transfers under Article 16, if the interest of Tenant or any guarantor hereunder shall be offered for sale or sold under execution or other legal process if Tenant makes any transfer, assignment, conveyance, sale, pledge, disposition of all or a substantial portion of Tenant’s property; or
(ix) The chronic delinquency by Tena...
Tenant Defaults. If Tenant shall be in default in any of the terms, covenants and conditions of this Lease on the Termination Date, the amount of any payments to be made to Tenant under the provisions of this Section 14 shall be reduced by such amount as may be required to remedy any such default.
Tenant Defaults. Tenant agrees that any one or more of the following events shall be considered "Tenant Defaults" as said term is used herein:
18.1.1 Tenant shall fail to pay any Rent or other charge owing by Tenant pursuant to the terms of this Lease within thirty days after receipt of written notice from Landlord that such amount is due and payable;
18.1.2 Tenant shall fail to keep, observe or perform any of the other covenants or agreements herein contained to be kept, observed and performed by Tenant, and such failure shall continue for thirty days (or such shorter period as is specifically referred to in this Lease for any particular breach) after notice thereof in writing to Tenant; PROVIDED, however, in the event that such failure cannot reasonably be cured within the aforesaid thirty day period (or shorter period, if applicable), and Tenant shall within said period commence to cure said default and diligently thereafter prosecutes to correction said failure, the period for completion shall be extended for so long as is reasonably required to cure said default;
18.1.3 The estate or interest of Tenant in the Project Site or the Project is levied upon or attached in any proceeding and such process is not stayed, vacated or discharged within ninety (90) days after such levy or attachment;
18.1.4 Any representation or warranty made by Tenant to Landlord in connection with this Lease is false or misleading in any material respect when made; or
18.1.5 Tenant is in default under the ESA or the Development Agreement.
Tenant Defaults. It shall be an event of default:
(i) If Tenant does not pay in full when due and without demand any and all installments of minimum rent or additional rent or any other charges or payments whether or not herein included as rent after the expiration of applicable notice and grace periods; or 062113
(ii) If Tenant violates or fails to perform or otherwise breaches any agreement, term, covenant or condition herein contained after the expiration of applicable notice and grace periods; or
Tenant Defaults. Landlord shall promptly notify Subtenant of any default by Tenant under the Master Lease of which Landlord has actual knowledge and which is not cured within any applicable notice and cure period provided in the Master Lease; provided, however, that the failure of Landlord to provide such notice shall not give rise to liability on the part of Landlord or otherwise alter or modify the rights and obligations of the parties hereunder. The giving of any such notice to Subtenant shall not vest in Subtenant any rights or remedies except as otherwise expressly set forth herein.