RECEIVE ANY AWARD OR PAYMENT MADE BY THE CONDEMNING AUTHORITY AS AND TO THE
EXTENT SUCH TEMPORARY TAKING IMPACTS TENANT'S USE OF THE PREMISES.
F-43
ARTICLE XIX
DEFAULT
19.1
EACH OF THE FOLLOWING SHALL CONSTITUTE AN "EVENT OF DEFAULT'
HEREUNDER:
(A)
TENANT'S FAILURE TO PAY WHEN DUE ANY BASE RENT, ADDITIONAL RENT OR
OTHER SUM, PROVIDED, HOWEVER, THAT TENANT SHALL BE AFFORDED, IN EACH INSTANCE, A
PERIOD OF FIVE (5) BUSINESS DAYS FOLLOWING LANDLORD'S DELIVERY TO TENANT OF
WRITTEN NOTICE OF SUCH FAILURE TO PAY, IN WHICH TO FULLY CURE SUCH FAILURE TO
PAY;
(B)
TENANT'S DESERTION OR ABANDONMENT OF THE PREMISES, OR, UNLESS
TENANT CONTINUES TO MAKE TIMELY PAYMENT OF BASE RENT, ADDITIONAL RENT AND ALL
OTHER SUMS DUE AND PAYABLE PURSUANT TO THE TERMS AND CONDITIONS OF THIS LEASE,
FAILURE TO CONTINUOUSLY OCCUPY ANY SUBSTANTIAL PORTION OF THE PREMISES;
(C)
AN EVENT OF BANKRUPTCY AS SPECIFIED IN ARTICLE XX;
(D)
THE DISSOLUTION OR LIQUIDATION OF TENANT, GUARANTOR (IF ANY), OR
ANY OTHER PERSON OR ENTITY LIABLE FOR TENANT'S OBLIGATIONS HEREUNDER (INCLUDING,
WITHOUT LIMITATION, ANY GENERAL PARTNER OF TENANT, OR, IF TENANT IS A LIMITED
LIABILITY COMPANY, ANY MEMBER OF TENANT [SUCH OTHER PERSON OR ENTITY WHICH IS
LIABLE FOR TENANT'S OBLIGATIONS HEREUNDER BEING HEREINAFTER COLLECTIVELY
REFERRED TO AS A "GENERAL PARTNER"]);
(E)
ANY ENVIRONMENTAL DEFAULT AS SPECIFIED IN SECTION 25.2, OR A
DEFAULT UNDER SECTION 25.3(A),
(F)
ANY SUBLETTING, ASSIGNMENT, TRANSFER, MORTGAGE OR OTHER
ENCUMBRANCE OF THE PREMISES OR THIS LEASE IN VIOLATION OF ARTICLE VII;
(G)
TENANT'S FAILURE TO EXECUTE AND DELIVER TO LANDLORD ANY DOCUMENT
REQUIRED PURSUANT TO THE PROVISIONS OF SECTIONS 21.1, 21.2 AND/OR 21.3 WITHIN
THE TIME PERIODS PROVIDED THEREIN;
(H)
THE SUBMISSION BY TENANT, GUARANTOR (IF ANY), OR ANY OTHER PERSON
OR ENTITY LIABLE FOR TENANT'S OBLIGATIONS HEREUNDER (INCLUDING, WITHOUT
LIMITATION, A GENERAL PARTNER), EITHER BEFORE OR AFTER EXECUTION HEREOF, TO
LANDLORD OF ANY INFORMATION THAT IS MATERIALLY FALSE OR MISLEADING (INCLUDING,
WITHOUT LIMITATION, A FINANCIAL STATEMENT CONTAINING ANY MATERIAL INACCURACY OR
OMISSION);
(I)
ANY BREACH OR DEFAULT HEREUNDER WHICH ACCORDING TO AN EXPRESS
PROVISION OF THIS LEASE IS AN IMMEDIATE EVENT OF DEFAULT UNDER ANY PROVISION OF
THIS LEASE;
(J)
TENANT'S FAILURE TO PERFORM OR OBSERVE ANY COVENANT OR CONDITION
OF THIS LEASE NOT OTHERWISE SPECIFICALLY DESCRIBED IN THIS SECTION 19.1, WHICH
FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER LANDLORD DELIVERS WRITTEN NOTICE
THEREOF TO TENANT, OR SUCH SHORTER PERIOD AS IS APPROPRIATE IF SUCH FAILURE CAN
REASONABLY BE CURED IN A SHORTER PERIOD, OR SUCH LONGER PERIOD AS MAY BE
NECESSARY DUE TO CIRCUMSTANCES BEYOND TENANT'S CONTROL (I.E., IF TENANT IS IN
ANY WAY DELAYED OR PREVENTED FROM PERFORMING ANY SUCH OBLIGATION DUE TO FIRE,
ACT OF GOD, GOVERNMENTAL
F-44
ACT OR FAILURE TO ACT, STRIKE, LABOR DISPUTE, INABILITY TO PROCURE MATERIALS, OR
ANY OTHER CAUSE BEYOND TENANT'S REASONABLE CONTROL [WHETHER SIMILAR OR
DISSIMILAR TO THE FOREGOING EVENTS]), SO LONG AS TENANT BEGINS TO CURE SUCH
DEFAULT WITHIN THIRTY (30) DAYS OR SUCH SHORTER PERIOD OF TIME AS IS