Res19 15814 - Laserfiche WebLink

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inaccuracy. If the default cannot reasonably be cured within Thirty (30) days, Tenant shall not be in default of this Lease is Tenant commences to cure the default within such Thirty (30) day period and diligently and in good faith continues to cure the default until completion, but in no event longer than One Hundred Twenty (120) days from the date of notice of default. (3) Default beyond any notice and cure period under the Common Area Maintenance Agreement or the Operating Agreement of the New YMCA. (4) Failure to continuously occupy or operate the YMCA Site in accordance with Section 7 (Hours of Business/Covenant of Continuous Operation), above. A vacation of occupancy or a cessation of operations for Thirty (30) or more consecutive days (or Sixty (60) non consecutive days in a Twelve (12) month period) shall be a Tenant Default. (5) The making by Tenant of any general assignment for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged bankrupt or insolvent or of a petition for reorganization or arrangement under any federal or state bankruptcy or other insolvency law (unless, in the case of a petition filed against Tenant, the same is dismissed within Sixty (60) days after filing); the appointment of a trustee or receiver to take possession of all or substantially all of Tenant's assets located at the YMCA Site or of Tenant's interest in this Lease and possession is not restored to Tenant within Sixty (60) days thereafter; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the YMCA Site or of Tenant's interest in this Lease and possession is not restored to Tenant within Sixty (60) days thereafter. (b) Upon the occurrence of any Tenant Default and the expiration without cure of any applicable notice and cure periods, Landlord shall have, in addition to Landlord's other rights and remedies at law or in equity, all of the following rights: (1) Landlord shall have the right at any time thereafter to give notice of termination to Tenant, and on the date specified in such notice (which shall not be less than Thirty (30) days after the giving of such notice) this Lease shall, subject to Section 25(c), terminate. If any such termination of this Lease occurs, Landlord may then or anytime thereafter re-enter the YMCA Site by summary proceedings or otherwise, remove therefrom all property, and enjoy the YMCA Site, without prejudice to any other remedies that Landlord may have by reason of Tenant's Default (2) Landlord shall have the right, without terminating this Lease, to re- enter the YMCA Site by summary proceedings or otherwise if allowed by Laws and remove all persons and property, and Tenant shall remain liable as hereinafter provided. No commencement and prosecution of any action by Landlord in unlawful detainer, ejectment or otherwise, or execution of any judgment or decree obtained in any action to recover possession of the YMCA Site, nor any re-entry by Landlord, shall be construed as an election to terminate this Lease, unless Landlord shall give notice to Tenant of such intention. YMCA Ground Lease -18- 82483.00016\32493585.6