AgdaPkt 2011-07-11 - Laserfiche WebLink

Browse Search

Att6.3.B. - Page 29 (a) The abandonment of the Leased Premises by Lessee for a period of more than sixty (60) consecutive days, unless ordered to do so by governmental authority, provided Lessee shall not be deemed to have abandoned the Leased Premises during any period in which it continues to pay rent and keeps the Leased Premises in good maintenance and repair. (b) The failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of ten (10) business days after written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or Quit, pursuant to applicable Unlawful Detainer statutes, such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph. (c) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease in any material respect to be observed or performed by Lessee, other than those described in Paragraph 12.01(b) above, where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Lessee; provided, however, that, if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. (d) (1) The making by Lessee of any general arrangement or assignment for the benefit of creditors; (2) Lessee becomes a "debtor" as defined in 11 U.S.C. 1101, or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (3) The appointment of a trustee or receiver to take possession of all or substantially all of Lessee's assets located at or on the Leased Premises or of Lessee's interest in this Lease where possession is not restored to Lessee within thirty (30) days; or (4) The attachment, execution or other judicial seizure of all or substantially all of Lessee's assets located at or on the Leased Premises or of Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days. Provided, however, in the event that any provision of this Paragraph 12.01(d) is contrary to any applicable law, such provision shall be of no force or effect- 14.