Common use of Termination by Tenant Clause in Contracts

Termination by Tenant. The TENANT, in addition to any other rights to which it may be entitled by law or otherwise, may terminate this Agreement by giving LANDLORD written notice in the event of default by LANDLORD under this Agreement continuing for more than sixty (60) calendar days after the LANDLORD’s receipt of written notice of such event of default and opportunity to cure from the TENANT, upon or after the happening of any one of the following events: 1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport or any major part thereof for aeronautical purposes and the remaining in full force of such permanent injunction for a period of at least one hundred and eighty (180) calendar days. 2) Inability of the TENANT to use, for a period in excess of one hundred and eighty (180) calendar days, the Airport or any part of the facility because of any law, order, rule, regulation or other action or non-action of the Federal Aviation Administration or any other governmental authority, or because of fire, earthquake, other casualties or acts of God or the public enemy. 3) LANDLORD shall fail to perform, keep and observe any of the obligations, terms, warranties or conditions contained in this Agreement that on the part of LANDLORD are to be performed, kept or observed, then: i. TENANT may give LANDLORD written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) calendar days after receipt of such notice by LANDLORD, TENANT may terminate this Agreement and the Term hereof shall cease and expire at the end of such sixty calendar (60) days in the same manner and to the same effect as if it were the expiration of the Term, unless such condition or default cannot reasonably be corrected within the sixty (60) calendar day period and LANDLORD has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of thirty (30) calendar days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or the reason for default become apparent as insoluble, then the Term shall cease and expire at the end of the thirty (30) calendar day extension then in effect; 4) Assumption by the United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any substantial part or parts thereof in such a manner as to substantially restrict the TENANT for a period of one hundred and eighty (180) calendar days from operating on and within the facility. 5) In the event of destruction of the facilities, improvements, or the demised Premises as more fully described in Section 41 DAMAGE OR DESTRUCTION.

Termination by Tenant. a. The TENANT, in addition to any other rights to which it may be entitled by law or otherwise, may terminate this Agreement by giving LANDLORD written notice in the event of default by LANDLORD under this Agreement continuing for more than sixty (60) calendar days after the LANDLORD’s receipt of written notice of such event of default and opportunity to cure from the TENANT, upon or after the happening of any one of the following events: 1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport or any major part thereof for aeronautical purposes and the remaining in full force of such permanent injunction for a period of at least one hundred and eighty (180) calendar days.; 2) Inability of the TENANT to use, for a period in excess of one hundred and eighty (180) calendar days, the Airport or any part of the facility because of any law, order, rule, regulation or other action or non-action of the Federal Aviation Administration or any other governmental authority, or because of fire, earthquake, other casualties or acts of God or the public enemy.; 3) LANDLORD shall fail to perform, keep and observe any of the obligations, terms, warranties or conditions contained in this Agreement that on the part of LANDLORD are to be performed, kept or observed, then: i. TENANT may give LANDLORD written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) calendar days after receipt of such notice by LANDLORD, TENANT may terminate this Agreement and the Term hereof shall cease and expire at the end of such sixty calendar (60) calendar days in the same manner and to the same effect as if it were the expiration of the Term, unless such condition or default cannot reasonably be corrected within the sixty (60) calendar day period and LANDLORD has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of thirty (30) calendar days, as so long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or the reason for default become apparent as insoluble, then this Agreement may be terminated and the Agreement Term shall cease and expire at the end of the then-current thirty (30) calendar day extension then in effect; 4) Assumption by the United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any substantial part or parts thereof in such a manner as to substantially restrict the TENANT for a period of one hundred and eighty (180) calendar days or more from operating on and within the facility.; 5) In the event of destruction of the facilities, improvements, or the demised Premises as more fully described in Section 41 DAMAGE OR DESTRUCTION.as

Termination by Tenant. a. The TENANT, in addition to any other rights to which it may be entitled by law or otherwise, may terminate this Agreement by giving LANDLORD written notice in the event of default by LANDLORD under this Agreement continuing for more than sixty (60) calendar days after the LANDLORD’s receipt of written notice of such event of default and opportunity to cure from the TENANT, upon or after the happening of any one of the following events: 1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport or any major part thereof for aeronautical purposes and the remaining in full force of such permanent injunction for a period of at least one hundred and eighty (180) calendar days.; 2) Inability of the TENANT to use, for a period in excess of one hundred and eighty (180) calendar days, the Airport or any part of the facility because of any law, order, rule, regulation or other action or non-action of the Federal Aviation Administration or any other governmental authority, or because of fire, earthquake, other casualties or acts of God or the public enemy.; 3) LANDLORD shall fail to perform, keep and observe any of the obligations, terms, warranties or conditions contained in this Agreement that on the part of LANDLORD are to be performed, kept or observed, then: i. TENANT may give LANDLORD written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) calendar days after receipt of such notice by LANDLORD, TENANT may terminate this Agreement and the Term hereof shall cease and expire at the end of such sixty calendar (60) calendar days in the same manner and to the same effect as if it were the expiration of the Term, unless such condition or default cannot reasonably be corrected within the sixty (60) calendar day period and LANDLORD has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of thirty (30) 30 calendar days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or the reason for default become apparent as insoluble, then the Term shall cease and expire at the end of the thirty (30) calendar day extension then in effect; 4) Assumption by the United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any substantial part or parts thereof in such a manner as to substantially restrict the TENANT for a period of one hundred and eighty (180) calendar days from operating on and within the facility.; 5) In the event of destruction of the facilities, improvements, or the demised Premises as more fully described in Section 41 SECTION 42 DAMAGE OR DESTRUCTION.

Termination by Tenant. a. The TENANT, in addition to any other rights to which it may be entitled by law or otherwise, may terminate this Agreement by giving LANDLORD written notice in the event of default by LANDLORD under this Agreement continuing for more than sixty (60) calendar days after the LANDLORD’s receipt of written notice of such event of default and opportunity to cure from the TENANT, upon or after the happening of any one of the following events: 1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport or any major part thereof for aeronautical purposes and the remaining in full force of such permanent injunction for a period of at least one hundred and eighty (180) calendar days. 2) Inability of the TENANT to use, for a period in excess of one hundred and eighty (180) calendar days, the Airport or any part of the facility because of any law, order, rule, regulation or other action or non-action of the Federal Aviation Administration or any other governmental authority, or because of fire, earthquake, other casualties or acts of God or the public enemy. 3) LANDLORD shall fail to perform, keep and observe any of the obligations, terms, warranties or conditions contained in this Agreement that on the part of LANDLORD are to be performed, kept or observed, then: i. TENANT may give LANDLORD written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) calendar days after receipt of such notice by LANDLORD, TENANT may terminate this Agreement and the Term hereof shall cease and expire at the end of such sixty calendar (60) calendar days in the same manner and to the same effect as if it were the expiration of the Term, unless such condition or default cannot reasonably be corrected within the sixty (60) calendar day period and LANDLORD has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of thirty (30) 30 calendar days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or the reason for default become apparent as insoluble, then the Term shall cease and expire at the end of the thirty (30) calendar day extension then in effect; 4) Assumption by the United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any substantial part or parts thereof in such a manner as to substantially restrict the TENANT for a period of one hundred and eighty (180) calendar days from operating on and within the facility. 5) In the event of destruction of the facilities, improvements, or the demised Premises as more fully described in Section 41 38 DAMAGE OR DESTRUCTION.

Termination by Tenant. a. The TENANT, in addition to any other rights to which it may be entitled by law or otherwise, may terminate this Agreement by giving LANDLORD written notice in the event of default by LANDLORD under this Agreement continuing for more than sixty (60) calendar days after the LANDLORD’s receipt of written notice of such event of default and opportunity to cure from the TENANT, upon or after the happening of any one of the following events: 1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport or any major part thereof for aeronautical purposes and the remaining in full force of such permanent injunction for a period of at least one hundred and eighty (180) calendar days.; 2) Inability of the TENANT to use, for a period in excess of one hundred and eighty (180) calendar days, the Airport or any part of the facility because of any law, order, rule, regulation or other action or non-action of the Federal Aviation Administration or any other governmental authority, or because of fire, earthquake, other casualties or acts of God or the public enemy.; 3) LANDLORD shall fail to perform, keep and observe any of the obligations, terms, warranties or conditions contained in this Agreement that on the part of LANDLORD are to be performed, kept or observed, then: i. TENANT may give LANDLORD written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) calendar days after receipt of such notice by LANDLORD, TENANT may terminate this Agreement and the Term hereof shall cease and expire at the end of such sixty calendar (60) calendar days in the same manner and to the same effect as if it were the expiration of the Term, unless such condition or default cannot reasonably be corrected within the sixty (60) calendar day period and LANDLORD has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of thirty (30) 30 calendar days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or the reason for default become apparent as insoluble, then the Term shall cease and expire at the end of the thirty (30) calendar day extension then in effect; 4) Assumption by the United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any substantial part or parts thereof in such a manner as to substantially restrict the TENANT for a period of one hundred and eighty (180) calendar days from operating on and within the facility.; 5) In the event of destruction of the facilities, improvements, or the demised Premises as more fully described in Section 41 SECTION 43 DAMAGE OR DESTRUCTION.

Termination by Tenant. a. The TENANT, in addition to any other rights to which it may be entitled by law or otherwise, may terminate this Agreement by giving LANDLORD written notice in the event of default by LANDLORD under this Agreement continuing for more than sixty (60) calendar days after the LANDLORD’s receipt of written notice of such event of default and opportunity to cure from the TENANT, upon or after the happening of any one of the following events: 1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport or any major part thereof for aeronautical purposes and the remaining in full force of such permanent injunction for a period of at least one hundred and eighty (180) calendar days. 2) Inability of the TENANT to use, for a period in excess of one hundred and eighty (180) calendar days, the Airport or any part of the facility because of any law, order, rule, regulation or other action or non-action of the Federal Aviation Administration or any other governmental authority, or because of fire, earthquake, other casualties or acts of God or the public enemy. 3) LANDLORD shall fail to perform, keep and observe any of the obligations, terms, warranties or conditions contained in this Agreement that on the part of LANDLORD are to be performed, kept or observed, then: i. TENANT may give LANDLORD written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) calendar days after receipt of such notice by LANDLORD, TENANT may terminate this Agreement and the Term hereof shall cease and expire at the end of such sixty calendar (60) days in the same manner and to the same effect as if it were the expiration of the Term, unless such condition or default cannot reasonably be corrected within the sixty (60) calendar day period and LANDLORD has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of thirty (30) calendar 30 days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or the reason for default become apparent as insoluble, then the Term shall cease and expire at the end of the thirty (30) calendar day extension then in effect; 4) Assumption by the United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any substantial part or parts thereof in such a manner as to substantially restrict the TENANT for a period of one hundred and eighty (180) calendar days from operating on and within the facility. 5) In the event of destruction of the facilities, improvements, or the demised Premises as more fully described in Section 41 DAMAGE OR DESTRUCTION.

Termination by Tenant. The TENANT, in addition to any other rights to which it may be entitled by law or otherwise, may terminate this Agreement by giving LANDLORD written notice in the event of default by LANDLORD under this Agreement continuing for more than sixty (60) calendar days after the LANDLORD’s receipt of written notice of such event of default and opportunity to cure from the TENANT, upon or after the happening of any one of the following events: 1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of the Airport or any major part thereof for aeronautical purposes and the remaining in full force of such permanent injunction for a period of at least one hundred and eighty (180) calendar days. 2) Inability of the TENANT to use, for a period in excess of one hundred and eighty (180) calendar days, the Airport or any part of the facility because of any law, order, rule, regulation or other action or non-action of the Federal Aviation Administration or any other governmental authority, or because of fire, earthquake, other casualties or acts of God or the public enemy. 3) LANDLORD shall fail to perform, keep and observe any of the obligations, terms, warranties or conditions contained in this Agreement that on the part of LANDLORD are to be performed, kept or observed, then: i. TENANT may give LANDLORD written notice to correct such condition or cure such default, and if any such condition or default shall continue for sixty (60) calendar days after receipt of such notice by LANDLORD, TENANT may terminate this Agreement and the Term hereof shall cease and expire at the end of such sixty calendar (60) days in the same manner and to the same effect as if it were the expiration of the Term, unless such condition or default cannot reasonably be corrected within the sixty (60) calendar day period and LANDLORD has demonstrated due diligence with respect to curing said default, then such cure period may be extended for consecutive periods of thirty (30) calendar days, as long as diligent progress is made toward cure, with a reasonably foreseeable resolution date. Under such circumstances, default may be treated as cured until cured. Should diligent progress cease, or the reason for default become apparent as insoluble, then the Term shall cease and expire at the end of the thirty (30) calendar day extension then in effect; 4) Assumption by the United States Government or any other authorized agency thereof of the operation, control or use of the Airport and the facility herein described, or of any substantial part or parts thereof in such a manner as to substantially restrict the TENANT for a period of one hundred and eighty (180) calendar days from operating on and within the facility. 5) In the event of destruction of the facilities, improvements, or the demised Premises as more fully described in Section 41 43 DAMAGE OR DESTRUCTION.