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Events of Default Clause Example with 29 Variations from Business Contracts
This page contains Events of Default clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Events of Default. Each of the following events shall be a default ("Default") by Tenant under this Lease: (a) Payment Defaults. Tenant shall fail to pay any installment of Rent or any other payment hereunder when due; provided, however, that Landlord will give Tenant notice and an opportunity to cure any failure to pay Rent within 3 days of any such notice not more than once in any 12 month period and Tenant agrees that such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice r...equired by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. Tenant or any guarantor or surety of Tenant's obligations hereunder shall: (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding for Relief"); (C) become the subject of any Proceeding for Relief which is not dismissed within 90 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate or Subordination Agreement. Tenant fails to execute any document required from Tenant under Sections 23 or 27 within 5 business days after a second notice requesting such document. (h) Other Defaults. Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, except as otherwise expressly provided herein, such failure shall continue for a period of 30 days after written notice thereof from Landlord to Tenant. Any notice given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) be in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless Landlord elects otherwise in such notice; provided that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes the same to completion; provided, however, that such cure shall be completed no later than 60 days from the date of Landlord's notice.
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Avidity Biosciences, Inc. contract
Variations of a "Events of Default" Clause from Business Contracts
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. Tenant 13{00185944. 4 } (a)Tenant shall fail to pay any installment of Base Rent or any other payment hereunder required herein when due; due, and such failure shall continue for a period of five (5) days from the date Landlord delivers written notice to Tenant regarding the same; provided, however, that in no event shall Landlord will give Tenant be obli...gated to deliver more than two (2) such written notices in any twelve (12) consecutive calendar month period, it being agreed and acknowledged that, upon Tenant's third (3rd) and any subsequent failure to deliver any payment to Landlord as and when due hereunder in any twelve (12) consecutive calendar month period, such failure shall automatically be deemed an Event of Default, without notice and an or any opportunity to cure any failure cure, if Tenant fails to pay Rent the same within 3 days of any such notice not more than once in any 12 month period and Tenant agrees that such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 five (5) days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. Tenant due date. (b)Tenant or any guarantor or surety of Tenant's obligations hereunder shall: (A) shall (1) make a general assignment for the benefit of creditors; (B) (2) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding for Relief"); (C) (3) become the subject of any Proceeding for Relief which is not dismissed within 90 sixty (60) days of its filing or entry; or (D) (4) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate (c)Any insurance required to be maintained by Tenant pursuant to this Lease shall be cancelled or Subordination Agreement. Tenant fails terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease. (d)Intentionally deleted. (e)Tenant shall attempt or there shall occur any assignment, subleasing or other transfer of Tenant's interest in or with respect to this Lease except as otherwise permitted in this Lease. (f)Tenant shall fail to discharge or bond over any lien placed upon the Premises in violation of this Lease within twenty (20) days after any such lien or encumbrance is filed against the Premises. (g)Tenant shall fail to execute any document required instrument of subordination or attornment or any estoppel certificate within the time periods set forth in Sections 27 and 29 respectively following Landlord's request for the same. (h)Tenant shall breach any of the requirements of Section 30 and such failure shall continue for a period of five (5) days or more after notice from Tenant under Sections 23 or 27 within 5 business days after a second notice requesting such document. (h) Other Defaults. Tenant Landlord to Tenant. (i)Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, 23, and except as otherwise expressly provided herein, such default shall continue for more than thirty (30) days after Landlord shall have given Tenant written notice of such default. (j)The failure of Tenant or a Tenant-Related Party to observe or comply with any of the rules and regulations of the Project as the same may be amended from time to time, and such failure shall continue for a period of 30 five (5) days or more after written notice thereof from Landlord to Tenant. Any notice given under Section 20(h) hereof shall: (i) specify Tenant; provided, however, that if Tenant or a Tenant-Related Party shall breach the alleged default, (ii) demand that Tenant cure same rule or regulation more than two (2) times in any twelve (12) month period, then the third (3rd) such default, (iii) be in lieu of, and not in addition to, or violation shall be deemed to be, an Event of Default (without any notice required under any provision of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless Landlord elects otherwise in such notice; provided that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes the same to completion; provided, however, that such cure shall be completed no later than 60 days from the date of Landlord's notice. notice).
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Phunware, Inc. contract
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. Tenant shall fail to pay any installment of Base Rent or any other payment hereunder required herein when due, and such failure shall continue for a period of five (5) days from the date such payment was due; provided, however, that Landlord will give Tenant notice and an opportunity to cure any failure to pay Rent within 3 days of any such notice not mor...e than once in any 12 month period and Tenant agrees that such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior be in default pursuant to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations this subparagraph (a) with respect to the Surrender Plan first (1st) late payment of rent in compliance with Section 28, (ii) Tenant has made reasonable arrangements with Landlord any twelve (12) month period unless such failure shall continue for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 more than five (5) business days after any such lien is filed against the Premises. (f) Insolvency Events. written notice from Landlord. (b) Tenant or any guarantor or surety of Tenant's obligations hereunder shall: (A) shall (i) make a general assignment for the benefit of creditors; (B) (ii) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); (C) relief"); (iii) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 sixty (60) days of its filing or entry; or (D) (iv) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (c) Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease. (d) Tenant shall abandon or vacate the Premises at any time that Tenant is in default under any other provision of this Lease. (e) Tenant shall attempt or there shall occur any assignment, subleasing or other transfer of Tenant's interest in or with respect to this Lease except as otherwise permitted in this Lease. (f) Tenant shall fail to discharge or bond over any lien placed upon the Premises in violation of this Lease within thirty (30) days after any such lien or encumbrance is filed against the Premises. (g) Estoppel Certificate or Subordination Agreement. Tenant fails shall fail to execute any document required from Tenant under Sections 23 instrument of subordination or attornment or any estoppel certificate within the time periods set forth in Paragraphs 27 and 29 respectively within 5 three (3) business days following Landlord's second written request for the same. (h) Tenant shall breach any of the requirements of Paragraph 30 and such failure shall continue for a period of five (5) days or more after a second written notice requesting such document. (h) Other Defaults. from Landlord to Tenant. (i) Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, Paragraph 23, and except as otherwise expressly provided herein, such default shall continue for more than thirty (30) days after Landlord shall have given Tenant written notice of such default (provided, however, that Tenant shall not be in default hereunder if the default is not capable of cure within thirty (30) days but Tenant promptly commences the cure within the thirty (30)- day period and thereafter diligently prosecutes the cure to completion). (j) The failure of Tenant or Tenant's employees, agents or representatives to observe or comply with any of the rules and regulations of the Project as the same may be amended from time to time, and such failure shall continue for a period of 30 five (5) days or more after written notice thereof from Landlord to Tenant. Tenant; provided, however, that if Tenant or Tenant's employees, agents or representatives shall breach the same rule or regulation more than two (2) times in any twelve (12) month period, then the third (3rd) such violation shall be deemed an Event of Default (without any notice). Any notice given notices to be provided by Landlord under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) this Paragraph 23 shall be in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision Section 1161 et seq. of applicable law, and (iv) not be deemed a forfeiture or a termination the California Code of this Lease unless Landlord elects otherwise in such notice; provided that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes the same to completion; provided, however, that such cure shall be completed no later than 60 days from the date of Landlord's notice. Civil Procedure.
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Bloom Energy Corp contract
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. Tenant: a) Tenant shall fail to pay any installment of Rent Base Rent, Taxes, the Monthly Fixed Operating Expenses, or any other payment hereunder required herein when due; provided, however, that Landlord will give Tenant notice due, and an opportunity to cure any such failure to pay Rent within 3 days shall continue for a period of any such notice not m...ore than once in any 12 month period and Tenant agrees that such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration from Tenant's receipt of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides written notice form Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come that same is past due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. b) Tenant or any guarantor or surety of Tenant's obligations hereunder shall: shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); relief"); (C) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 60 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate c) Any insurance required to be maintained by Tenant pursuant to this Lease shall be cancelled or Subordination Agreement. terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease or Tenant fails to execute timely deliver to Landlord any document certificate of insurance as required from Tenant under Sections 23 or 27 Paragraph 10 of the Lease, and said failure is not cured within 5 five (5) business days of Tenant's receipt of written notice of such failure from Landlord. d) Tenant shall vacate the Premises and fail to make arrangements reasonably acceptable to Landlord to ensure that (a) Tenant's insurance for the Premises will not be voided or cancelled, (b) the Premises are secured and not subject to vandalism, and (c) the Premises will be properly maintained and maintaining the utility services. Tenant shall inspect the Premises at least monthly and report to Landlord in the event the condition of the Premises has adversely changed. e) Tenant assigns, subleases or transfers Tenant's interest in this Lease except as permitted in this Lease. f) Tenant shall fail to discharge any lien placed upon the Premises or Building in violation of this Lease within 20 days after a second receipt of actual notice requesting any such document. (h) Other Defaults. lien or encumbrance is filed against the Premises. g) Tenant shall fail to provide Landlord with an estoppel certificate within 10 days of receipt of written notice that same has not been provided within the time period required by Paragraph 29 below. h) Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, except as otherwise expressly provided herein, Paragraph, and such failure default shall continue for a period of 30 more than thirty (30) days after Landlord has given Tenant written notice thereof from Landlord to Tenant. Any of such default (said notice given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) be being in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision as a prerequisite to a forcible entry and detainer or similar action for possession of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless Landlord elects otherwise in such notice; provided the Premises); provided, however, that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed to be in default under the circumstances described in this Paragraph 24 if Tenant commences has made diligent efforts to cure such cure default within said 30 the thirty (30) day period described therein, and thereafter proceeds continuously and diligently prosecutes the same to completion; provided, however, that cure such cure shall be completed no later than 60 days from the date of Landlord's notice. default within a commercially reasonable time.
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TheRealReal, Inc. contract
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant: a) Tenant under this Lease: (a) Payment Defaults. Tenant shall fail fails to pay any installment of Base Rent, Operating Expenses, or any other payment required when due, and such failure shall continue for a period of 5 days after written notice from Landlord to Tenant that such payment was due; provided, however, that Landlord shall not be obligated to provide written notice of such failure ...more than 2 times in any consecutive 12-month period, and the failure of Tenant to pay any subsequent installment of Base Rent or any other payment hereunder required herein when due; due in any consecutive 12-month period shall constitute an Event of Default by Tenant under this Lease without the requirement of notice or opportunity to cure; provided, however, that Landlord will give Tenant notice and an opportunity to cure any failure to pay Rent within 3 days of any such notice not more than once in any 12 month period and Tenant agrees that such notice shall be in lieu of of, and not in addition to, or shall be deemed to be, any notice required by under applicable law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. b) Tenant or any guarantor or surety of Tenant's obligations hereunder shall: (A) shall (i) make a general assignment for the benefit of creditors; (B) (ii) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); (C) relief"); (iii) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 60 days of its filing or entry; or (D) (iv) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate c) (i) Any insurance required to be maintained by Tenant pursuant to this Lease is cancelled or Subordination Agreement. terminated, expires, or is reduced or materially changed (except, in each case, as permitted in this Lease) or (ii) Tenant fails to execute timely deliver to Landlord any document certificate of insurance as required under Paragraph 10 and such failure continues for ten (10) days following written notice from Landlord to Tenant under Sections 23 regarding such failure to provide such certificate. d) Tenant vacates the Premises and fails to make arrangements reasonably acceptable to Landlord to ensure that (i) Tenant's insurance for the Premises will not be voided or 27 cancelled, (ii) the Premises will be secured, and (iii) the Premises will be properly maintained, including maintaining utility services. Tenant shall inspect the Premises at least monthly and report to Landlord in the event the condition of the Premises has adversely changed. e) Tenant assigns, subleases or transfers Tenant's interest in this Lease except as permitted in this Lease. f) Tenant fails to discharge any lien placed upon the Premises or Building as a result of some action or inaction by Tenant within 5 business 30 days after a second Tenant receives notice requesting that such document. (h) Other Defaults. lien or encumbrance is filed against the Premises or Building. g) Tenant shall fail fails to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, Paragraph, and such default shall continue for more than 30 days after Landlord has given Tenant written notice of such default except as otherwise expressly provided herein, such failure shall continue for a period of 30 days after written in this Lease (said notice thereof from Landlord to Tenant. Any notice given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) be being in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision as a prerequisite to a forcible entry and detainer or similar action for possession of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless Landlord elects otherwise in such notice; provided the Premises), provided, however, that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed in default under the circumstances described in this Paragraph 24 if Tenant has made diligent efforts to cure such default within the thirty (30) day period described therein, and thereafter proceeds continuously and diligently to cure such default within a commercially reasonable time. Tenant agrees that any notice given by Landlord pursuant to this Paragraph of the Lease shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be required to give any additional notice in order to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes the same entitled to completion; provided, however, that such cure shall be completed no later than 60 days from the date of Landlord's notice. commence an unlawful detainer proceeding.
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Restoration Robotics, Inc. contract
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. a) Tenant shall fail to pay any installment of Rent Base Rent, Taxes, the Monthly Fixed Operating Expenses, or any other payment hereunder required herein when due; provided, however, that Landlord will give Tenant notice due, and an opportunity to cure any such failure to pay Rent within 3 days shall continue for a period of any such notice not more than... once in any 12 month period and Tenant agrees that such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration from Tenant's receipt of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides written notice form Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come that same is past due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. b) Tenant or any guarantor or surety of Tenant's obligations hereunder shall: shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); relief"); (C) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 60 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate c) Any insurance required to be maintained by Tenant pursuant to this Lease shall be cancelled or Subordination Agreement. terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease or Tenant fails to execute timely deliver to Landlord any document certificate of insurance as required from Tenant under Sections 23 or 27 Paragraph 10 of the Lease, and said failure is not cured within 5 five (5) business days of Tenant's receipt of written notice of such failure from Landlord. d) Tenant shall vacate the Premises and fail to make arrangements reasonably acceptable to Landlord to ensure that (a) Tenant's insurance for the Premises will not be voided or cancelled, (b) the Premises are secured and not subject to vandalism, and (c) the Premises will be properly maintained and maintaining the utility services. Tenant shall inspect the Premises at least monthly and report to Landlord in the event the condition of the Premises has adversely changed. e) Tenant shall assign, sublease or transfer Tenant's interest in this Lease except as permitted in this Lease. f) Tenant shall fail to discharge any lien placed upon the Premises or Building in violation of this Lease within 20 days after a second receipt of actual notice requesting any such document. (h) Other Defaults. lien or encumbrance is filed against the Premises. g) Tenant shall fail to provide Landlord with an estoppel certificate within 10 days of receipt of written notice that same has not been provided within the time period required by Paragraph 29 below. h) Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, except as otherwise expressly provided herein, Paragraph, and such failure default shall continue for a period of more than 30 days after Landlord has given Tenant written notice thereof from Landlord to Tenant. Any of such default (said notice given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) be being in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision as a prerequisite to a forcible entry and detainer or similar action for possession of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless Landlord elects otherwise in such notice; provided the Premises); provided, however, that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed to be in default under the circumstances described in this Paragraph 24 if Tenant commences has made diligent efforts to cure such cure default within said 30 the thirty (30) day period described therein, and thereafter proceeds continuously and diligently prosecutes the same to completion; provided, however, that cure such cure shall be completed no later than 60 days from the date of Landlord's notice. default within a commercially reasonable time.
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TheRealReal, Inc. contract
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. (i) Tenant shall fail to pay any installment of Base Rent or any other payment hereunder required herein when due; provided, however, that Landlord will give Tenant notice due, and an opportunity to cure any such failure to pay Rent within 3 days shall continue for a period of any such notice not more than once in any 12 month period and Tenant agrees tha...t such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before from the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, date such payment was due. (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. Tenant or any guarantor or surety of Tenant's obligations hereunder shall: shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); relief"); (C) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 60 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate (iii) Any insurance required to be maintained by Tenant pursuant to this Lease shall be cancelled or Subordination Agreement. terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease. (iv) Tenant fails shall vacate the Premises and shall fail, prior to execute vacating the Premises, to make arrangements to (a) ensure that Tenant's insurance for the Premises will not be voided or cancelled with respect to the Premises as a result of such vacancy, (b) ensure that the Premises are secured and not subject to vandalism, and (c) ensure that the Premises will be properly maintained after such vacation, including, but not limited to, keeping the heating, ventilation and cooling systems maintenance contracts required by this Lease in full force and effect and maintaining the utility services. Tenant shall inspect the Premises at least once each month and report monthly in writing to Landlord on the condition of the Premises. (v) Tenant shall breach its obligations under Paragraph 17 (Assignment and Subletting). (vi) Tenant shall fail to discharge any document required from Tenant under Sections 23 or 27 lien placed upon the Premises in violation of this Lease within 5 business 20 days after a second notice requesting any such document. (h) Other Defaults. lien or encumbrance is filed against the Premises. (vii) Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, Paragraph 23, and except as otherwise expressly provided herein, such failure default shall continue for a period of more than 30 days after Landlord shall have given Tenant written notice thereof from Landlord to Tenant. Any of such default (said notice given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) be being in lieu of, and not in addition to, any notice required as a prerequisite to a forcible entry and -9- detainer or similar action for possession of the Premises); provided that if a more than 30 days is required to cure such failure, no Event of Default shall be deemed to be, any notice required under any provision of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless Landlord elects otherwise in such notice; provided that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed to be in default have occurred if Tenant commences such to cure within said such 30 day period and thereafter diligently prosecutes the same to completion; provided, however, that pursues such cure to completion. (viii) Tenant agrees that any notice given by Landlord pursuant to this Paragraph of the Lease shall satisfy the requirements for notice under California Code of Civil Procedure Section 1161, and Landlord shall not be completed no later than 60 days from the date of Landlord's notice. required to give any additional notice in order to be entitled to commence an unlawful detainer proceeding.
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Virobay Inc contract
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. (i) Tenant shall fail to pay any installment of Base Rent or any other payment hereunder required herein when due; provided, however, that Landlord will give Tenant notice due, and an opportunity to cure any such failure to pay Rent within 3 days shall continue for a period of any such notice not more than once in any 12 month period and Tenant agrees tha...t such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before from the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, date such payment was due. (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. Tenant or any guarantor or surety of Tenant's obligations hereunder shall: shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); relief"); (C) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 60 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate (iii) Any insurance required to be maintained by Tenant pursuant to this Lease shall be cancelled or Subordination Agreement. terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease. (iv) Tenant fails shall not occupy or shall vacate the Premises whether or not Tenant is in monetary or other default under this Lease. Tenant's vacating of the Premises shall not constitute an Event of Default if, prior to execute vacating the Premises, Tenant has made arrangements reasonably acceptable to Landlord to (a) ensure that Tenant's insurance for the Premises will not be voided or cancelled with respect to the Premises as a result of such vacancy, (b) ensure that the Premises are secured and not subject to vandalism, and (c) ensure that the Premises will be properly maintained after such vacation, including, but not limited to, keeping the heating, ventilation and cooling systems maintenance contracts required by this Lease in full force and effect and maintaining the utility services. Tenant shall inspect the Premises at least once each month and report monthly in writing to Landlord on the condition of the Premises. (v) Tenant shall attempt or there shall occur any document required from assignment, subleasing or other transfer of Tenant's interest in or with respect to this Lease except as otherwise permitted in this Lease. (vi) Tenant under Sections 23 or 27 shall fail to discharge any lien placed upon the Premises in violation of this Lease within 5 business 20 days after a second notice requesting any such document. (h) Other Defaults. lien or encumbrance is filed against the Premises. (vii) Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, Paragraph 23, and except as otherwise expressly provided herein, such failure default shall continue for a period of more than 30 days after Landlord shall have given Tenant written notice thereof from Landlord to Tenant. Any of such default (said notice given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) be being in lieu lien of, and not in addition to, or shall be deemed to be, any notice required under as a prerequisite to a forcible entry and detainer or similar action for possession of the Premises). (viii) Tenant agrees that any provision of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless notice given by Landlord elects otherwise in such notice; provided that if the nature of Tenant's default pursuant to this Paragraph of the Lease shall satisfy the requirements for notice under California Code of Civil Procedure Section 20(h) is such that it cannot be cured by the payment of money 1161, and reasonably requires more than 30 days to cure, then Tenant Landlord shall not be deemed required to give any additional notice in order to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes the same entitled to completion; provided, however, that such cure shall be completed no later than 60 days from the date of Landlord's notice. commence an unlawful detainer proceeding.
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Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. Tenant shall fail to pay (i) any installment of Base Rent or Tenant's Proportionate Share of Operating Expenses when due, or (ii) any other payment hereunder required herein when due; provided, however, that Landlord will give Tenant notice and an opportunity to cure any due where such failure to pay Rent within 3 days of any such notice not more than onc...e in any 12 month period and Tenant agrees that such notice shall be in lieu of and not in addition to, or shall be deemed to be, any notice required by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, (ii) such other payment continues for more than five (5) days following Landlord's delivery to Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. written notice thereof. (b) Tenant or any guarantor or surety of Tenant's obligations hereunder shall: (A) shall (i) make a general assignment for the benefit of creditors; (B) (ii) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); (C) relief"); (iii) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 sixty (60) days of its filing or entry; or (D) (iv) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (c) Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed so as to not comply with the terms of this Lease, except, in each case, as permitted in this Lease. (d) Tenant shall fail to occupy or shall vacate the Premises or shall fail to continuously operate its business at the Premises for the permitted use set forth herein, without, in any such case, first implementing measures reasonably satisfactory to Landlord to ensure that Tenant's obligations hereunder (including with respect to maintenance and repair and compliance with Legal Requirements) will be fulfilled and the Premises will be secured. (e) Tenant shall attempt or there shall occur any assignment, subleasing or other transfer of Tenant's interest in or with respect to this Lease except as otherwise permitted in this Lease. (f) Tenant shall fail to discharge or bond over any lien placed upon the Premises in violation of this Lease within thirty (30) days after any such lien or encumbrance is filed against the Premises. (g) Estoppel Certificate or Subordination Agreement. Tenant fails shall fail to execute any document required instrument of subordination or attornment or any estoppel certificate within the time periods set forth in Paragraphs 27 and 29 respectively following Landlord's request for the same. (h) Tenant shall breach any of the requirements of Paragraph 30 and such failure shall continue for a period of thirty (30) days or more after notice from Tenant under Sections 23 or 27 within 5 business days after a second notice requesting such document. (h) Other Defaults. Landlord to Tenant. (i) Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, Paragraph 23, and except as otherwise expressly provided herein, such default shall continue for more than thirty (30) days after Landlord shall have given Tenant written notice of such default; provided that, if such default is not reasonably capable of being cured within such thirty (30) day period then such period shall be extended for as long as reasonably necessary to cure such default, provided that Tenant shall commence such cure as soon as reasonably possible (and within the initial thirty (30) day period in any event) and thereafter diligently and continuously prosecute such cure to completion. (j) The failure of Tenant or Tenant's employees, agents or representatives to observe or comply with any of the reasonable rules and regulations of the Premises as established (and as the same may be amended from time to time) in accordance with the terms of this Lease, and such failure shall continue for a period of 30 ten (10) days or more after written notice thereof from Landlord to Tenant. Any notice given notices to be provided by Landlord under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) this Paragraph 23 shall be in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision Section 1161 et seq. of applicable law, and (iv) not be deemed a forfeiture or a termination the California Code of this Lease unless Landlord elects otherwise in such notice; provided that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes the same to completion; provided, however, that such cure shall be completed no later than 60 days from the date of Landlord's notice. Civil Procedure.
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SolarMax Technology, Inc. contract
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. Tenant (i)Tenant shall fail to pay any installment of Base Rent or any other payment hereunder required herein when due, and such failure shall continue for a period of 5 days after written notice from Landlord to Tenant that such payment was due; provided, however, that Landlord will give shall not be obligated to provide written notice of such failure m...ore than 1 time in any consecutive 12-month period, and the failure of Tenant to pay any second or subsequent installment of Base Rent or any other payment required herein when due in any consecutive 12-month period shall constitute an Event of Default by Tenant under this Lease without the requirement of notice and an or opportunity to cure cure; provided, however, that any failure to pay Rent within 3 days of any such notice not more than once in any 12 month period and Tenant agrees that such notice shall be in lieu of of, and not in addition to, or shall be deemed to be, any notice required by under applicable law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. Tenant (ii)Tenant or any guarantor or surety of Tenant's obligations hereunder shall: shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); relief"); (C) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 60 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate (iii)Any insurance required to be maintained by Tenant pursuant to this Lease shall be cancelled or Subordination Agreement. terminated or shall expire or shall be reduced or materially changed, except, if the same is replaced in each case, as permitted in this Lease and no lapse in coverage occurred during such replacement process. (iv)Tenant shall not occupy or shall vacate the Premises whether or not Tenant fails is in monetary or other default under this Lease. Tenant's vacating of the Premises shall not constitute an Event of Default if, prior to execute vacating the Premises, Tenant has made arrangements reasonably acceptable to Landlord to (a) ensure that Tenant's insurance for the Premises will not be voided or cancelled with respect to the Premises as a result of such vacancy, (b) ensure that the Premises are secured and not subject to vandalism, and (c) ensure that the Premises will be properly maintained after such vacation, including, but not limited to, keeping the heating, ventilation and cooling systems maintenance contracts required by this Lease in full force and effect and maintaining the utility services. Tenant shall inspect the Premises at least once each month and report monthly in writing to Landlord on the condition of the Premises. (v)Tenant shall attempt or there shall occur any document required from Tenant under Sections 23 assignment, subleasing or 27 other transfer of Tenant's interest in or with respect to this Lease except as otherwise permitted in this Lease. (vi)Tenant shall fail to discharge any lien placed upon the Premises in violation of this Lease within 5 business 20 days after a second notice requesting any such document. (h) Other Defaults. Tenant lien or encumbrance is filed against the Premises. (vii)Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, Paragraph 23, and except as otherwise expressly provided herein, such failure default shall continue for a period of more than 30 days after Landlord shall have given Tenant written notice thereof from Landlord to Tenant. Any of such default (said notice given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) be being in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision as a prerequisite to a forcible entry and detainer or similar action for possession of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless Landlord elects otherwise in such notice; provided that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes the same to completion; provided, however, that such cure shall be completed no later than 60 days from the date of Landlord's notice. Premises).
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Sphere 3D Corp contract
Events of Default. Each of the following events shall be a an event of default ("Default") ("Event of Default") by Tenant under this Lease: (a) Payment Defaults. (i) Tenant shall fail to pay any installment of Base Rent or any other payment hereunder required herein when due, and such failure shall continue for a period of 5 days after written notice from Landlord to Tenant that such payment was due; provided, however, that Landlord will give shall not be obligated to provide written notice of such failure more th...an 2 times in any consecutive 12-month period, and the failure of Tenant to pay any third or subsequent installment of Base Rent or any other payment required herein when due in any consecutive 12-month period shall constitute an Event of Default by Tenant under this Lease without the requirement of notice and an or opportunity to cure cure, and provided, further however, that any failure to pay Rent within 3 days of any such notice not more than once in any 12 month period and Tenant agrees that such notice shall be in lieu of of, and not in addition to, or shall be deemed to be, any notice required by law. (b) Insurance. Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall be reduced or materially changed, or Landlord shall receive a notice under California Code of nonrenewal of any such insurance Civil Procedure Section 1161 and Tenant shall fail to obtain replacement insurance at least 5 days before the expiration of the current coverage. (c) Abandonment. Tenant shall abandon the Premises. Tenant shall not be deemed to have abandoned the Premises if (i) Tenant provides Landlord with reasonable advance notice prior to vacating and, at the time of vacating the Premises, Tenant completes Tenant's obligations with respect to the Surrender Plan in compliance with Section 28, 1161(a) as amended. (ii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iii) Tenant continues during the balance of the Term to satisfy all of its obligations under the Lease as they come due. (d) Improper Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant's interest in this Lease or the Premises except as expressly permitted herein, or Tenant's interest in this Lease shall be attached, executed upon, or otherwise judicially seized and such action is not released within 90 days of the action. (e) Liens. Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this Lease within 15 days after any such lien is filed against the Premises. (f) Insolvency Events. Tenant or any guarantor or surety of Tenant's obligations hereunder shall: shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "Proceeding "proceeding for Relief"); relief"); (C) become the subject of any Proceeding proceeding for Relief relief which is not dismissed within 90 60 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity). (g) Estoppel Certificate (iii) Any insurance required to be maintained by Tenant pursuant to this Lease shall be cancelled or Subordination Agreement. terminated or shall expire or shall be reduced or materially and adversely changed, except, in each case, as permitted in this Lease. (iv) Tenant fails shall not occupy or shall vacate the Premises or shall fail to execute continuously operate its business at the Premises for the permitted use set forth herein, whether or not Tenant is in monetary or other default under this Lease. Tenant's vacating of the Premises shall not constitute an Event of Default if, prior to vacating the Premises, Tenant has made arrangements reasonably acceptable to Landlord to (a) insure that Tenant's insurance for the Premises will not be voided or cancelled with respect to the Premises as a result of such vacancy, (b) insure that the Premises are secured and not subject to vandalism, and (c) insure that the Premises will be properly maintained after such vacation. Tenant shall inspect the Premises at least once each month and report monthly in writing to Landlord on the condition of the Premises. (v) Tenant shall attempt or there shall occur any document required from assignment, subleasing or other transfer of Tenant's interest in or with respect to this Lease except as otherwise permitted in this Lease. (vi) Tenant under Sections 23 or 27 shall fail to discharge any lien placed upon the Premises in violation of this Lease within 5 business 30 days after a second notice requesting any such document. (h) Other Defaults. lien or encumbrance is filed against the Premises. (vii) Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Section 20, and, Paragraph 23, and except as otherwise expressly provided herein, such failure default shall continue for a period of 30 days after written notice thereof from Landlord to Tenant. Any notice given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii) be in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision of applicable law, and (iv) not be deemed a forfeiture or a termination of this Lease unless Landlord elects otherwise in such notice; provided that if the nature of Tenant's default pursuant to Section 20(h) is such that it cannot be cured by the payment of money and reasonably requires more than 30 days to cure, then after Landlord shall have given Tenant written notice of such default; provided, however, that in the event that such default cannot reasonably be cured within such 30 day period, Tenant shall not be deemed to be in default if hereunder so long as Tenant commences to cure such default within such thirty day period and diligently prosecutes it to completion, and subject to Paragraph 33 hereof, completes such cure within said 30 day period and thereafter diligently prosecutes the same to completion; provided, however, that such cure shall be completed no later than 60 days from the date of Landlord's notice. 90 days.
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IKANOS COMMUNICATIONS, INC. contract
