FIVE (5) BUSINESS DAYS AFTER WRITTEN NOTICE TO
TENANT OF SUCH FAILURE OF PAYMENT.
(III)
TENANT SHALL FAIL TO COMPLY WITH ANY TERM,
PROVISION OR COVENANT MADE UNDER THIS LEASE BY TENANT, OTHER THAN THE PAYMENT OF
THE MONTHLY RENTAL, TENANT'S PRORATA SHARE OF OPERATING EXPENSES OR ANY OTHER
CHARGE OR ASSESSMENT PAYABLE BY TENANT, AND SHALL NOT CURE SUCH FAILURE WITHIN
THIRTY (30) DAYS AFTER WRITTEN NOTICE THEREOF TO TENANT; PROVIDED, HOWEVER, IF
ANY SUCH DEFAULT IS OF A NATURE THAT IT CAN BE CURED AND IF TENANT IN GOOD FAITH
COMMENCES TO CURE SUCH DEFAULT WITHIN SUCH THIRTY (30) DAY CURE PERIOD, BUT DUE
TO THE NATURE OF SUCH DEFAULT IT COULD NOT BE CURED WITHIN SUCH CURE PERIOD
AFTER DUE DILIGENCE, NO EVENT OF DEFAULT SHALL BE DEEMED TO HAVE OCCURRED AT THE
END OF THE CURE PERIOD IF TENANT IS THEN DILIGENTLY PURSUING SUCH CURE TO
COMPLETION, AND COMPLETES SUCH CURE AS PROMPTLY AS REASONABLY POSSIBLE UNDER ALL
THE CIRCUMSTANCES; OR TENANT SHALL FAIL TO COMPLY WITH ANY TERM, PROVISION OR
COVENANT OF THIS LEASE AND SHALL FAIL TO CURE SUCH FAILURE WITHIN TWENTY-FOUR
(24) HOURS AFTER WRITTEN NOTICE THEREOF TO TENANT BY LANDLORD WHEN SUCH FAILURE
INVOLVES A CONDITION POSING AN IMMEDIATE AND MATERIAL THREAT TO HUMAN HEALTH,
SAFETY OR THE ENVIRONMENT;
(IV)
TENANT SHALL BECOME INSOLVENT, OR SHALL MAKE A
TRANSFER IN FRAUD OF CREDITORS OR SHALL MAKE A GENERAL ASSIGNMENT FOR THE
BENEFIT OF CREDITORS;
(V)
TENANT SHALL FILE A PETITION UNDER ANY
CHAPTER OF THE UNITED STATES BANKRUPTCY CODE, AS AMENDED, OR UNDER ANY SIMILAR
LAW OR STATUTE OF THE UNITED STATES OR ANY STATE THEREOF, OR THERE SHALL BE
FILED AGAINST TENANT A
24
PETITION IN BANKRUPTCY OR INSOLVENCY OR A SIMILAR PROCEEDING WHICH IS NOT
DISMISSED WITHIN SIXTY (60) DAYS AFTER THE FILING THEREOF, OR TENANT SHALL BE
ADJUDGED BANKRUPT OR INSOLVENT IN PROCEEDINGS FILED AGAINST TENANT;
(VI)
A RECEIVER OR TRUSTEE SHALL BE APPOINTED FOR
THE PREMISES OR FOR ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF TENANT;
(VII)
TENANT SHALL DO OR PERMIT TO BE DONE ANYTHING
WHICH CREATES A LIEN UPON THE PREMISES AND SUCH LIEN IS NOT REMOVED, BONDED OR
DISCHARGED WITHIN TEN (10) DAYS AFTER WRITTEN NOTICE FROM LANDLORD TO TENANT
THEREOF;
(VIII)
TENANT FAILS TO TIMELY DELIVER A SUBORDINATION
AGREEMENT PURSUANT TO THE TERMS OF SECTION 15 HEREOF OR AN ESTOPPEL CERTIFICATE
PURSUANT TO THE TERMS OF SECTION 13 AND SUCH FAILURE CONTINUES FOR AN ADDITIONAL
FIVE (5) BUSINESS DAY PERIOD AFTER WRITTEN NOTICE FROM LANDLORD TO TENANT;
(IX)
TENANT SHALL FAIL TO VACATE THE PREMISES
IMMEDIATELY UPON TERMINATION OF THIS LEASE (EXCEPT AS OTHERWISE MAY EXPRESSLY BE
SET FORTH IN THIS LEASE), BY LAPSE OF TIME OR OTHERWISE, OR UPON TERMINATION OF
TENANT'S RIGHT TO POSSESSION ONLY; OR
(X)
TENANT SHALL ASSIGN, SUBLET OR TRANSFER
ITS INTEREST HEREUNDER IN VIOLATION OF THE PROVISIONS OF SECTION 9 HEREOF.
(B)
LANDLORD REMEDIES.
UPON THE OCCURRENCE OF
ANY OF THE AFORESAID EVENTS OF DEFAULT, LANDLORD