OCCUR IF
THE PREMISES ARE MAINTAINED AND OCCUPIED TO THE EXTENT NECESSARY TO MAINTAIN THE
INSURANCE ON EACH AND EVERY PORTION OF THE PREMISES;
(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, IF SUCH
FAILURE CONTINUES FOR A PERIOD OF FIVE (5) 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 IN THE FORM REQUIRED BY APPLICABLE UNLAWFUL DETAINER
STATUTES SUCH NOTICE SHALL CONSTITUTE THE NOTICE REQUIRED BY THIS PARAGRAPH,
PROVIDED THAT THE CURE PERIOD STATED IN THE NOTICE SHALL BE FIVE (5) BUSINESS
DAYS RATHER THAN THE STATUTORY THREE (3) DAYS;
(C)
LESSEE'S FAILURE TO PROVIDE (I) ANY SUPPLEMENTAL LETTER OF CREDIT
AS REQUIRED BY SECTION 4.06, (II) ANY INSTRUMENT OR ASSURANCE AS REQUIRED BY
SECTION 7.05 OR (III) ESTOPPEL CERTIFICATE AS REQUIRED BY SECTION 15.01 OR (IV)
ANY DOCUMENT SUBORDINATING THIS LEASE TO A LENDER'S DEED OF TRUST, IF ANY SUCH
FAILURE CONTINUES FOR FIVE (5) BUSINESS DAYS AFTER WRITTEN NOTICE
26
of the failure.
In the event Lessor serves Lessee with a Notice to Perform
Covenant or Quit in the form required by applicable Unlawful Detainer Statutes,
such Notice shall constitute the notice required by this paragraph, provided
that the cure period stated in the Notice shall be five (5) business days rather
than the statutory three (3) days;
(D)
THE FAILURE BY LESSEE TO OBSERVE OR PERFORM ANY OF THE COVENANTS,
CONDITIONS OR PROVISIONS OF THIS LEASE TO BE OBSERVED OR PERFORMED BY LESSEE,
OTHER THAN DESCRIBED IN PARAGRAPH (A) (B) OR (C) ABOVE, IF SUCH FAILURE
CONTINUES FOR A PERIOD OF TEN (10) DAYS AFTER WRITTEN NOTICE THEREOF FROM LESSOR
TO LESSEE; PROVIDED, HOWEVER, THAT IF THE NATURE OF LESSEE'S DEFAULT IS SUCH
THAT MORE THAN TEN (10) DAYS ARE REASONABLY REQUIRED FOR ITS CURE, THEN LESSEE
SHALL NOT BE DEEMED TO BE IN DEFAULT IF LESSEE COMMENCES SUCH CURE WITHIN SAID
TEN (10) DAY PERIOD AND THEREAFTER DILIGENTLY PROSECUTES SUCH CURE TO
COMPLETION;
(E)
(I) THE MAKING BY LESSEE OF ANY GENERAL ARRANGEMENT OR ASSIGNMENT
FOR THE BENEFIT OF CREDITORS; (II) THE FILING BY LESSEE OF A VOLUNTARY PETITION
IN BANKRUPTCY UNDER TITLE 11 U.S.C. OR THE FILING OF AN INVOLUNTARY PETITION
AGAINST LESSEE WHICH REMAINS UNCONTESTED FOR A PERIOD OF SIXTY DAYS; (III) THE
APPOINTMENT OF A TRUSTEE OR RECEIVER TO TAKE POSSESSION OF SUBSTANTIALLY ALL OF
LESSEE'S ASSETS LOCATED AT THE PREMISES OR OF LESSEE'S INTEREST IN THIS LEASE;
OR (IV) THE ATTACHMENT, EXECUTION OR OTHER JUDICIAL SEIZURE OF SUBSTANTIALLY ALL
OF LESSEE'S ASSETS LOCATED AT THE PREMISES OR OF LESSEE'S INTEREST IN THIS
LEASE, PROVIDED, HOWEVER, IN THE EVENT THAT ANY PROVISIONS OF THIS SECTION
12.01(E) IS CONTRARY TO ANY APPLICABLE LAW, SUCH PROVISION SHALL BE OF NO FORCE
OR EFFECT;
(F)
THE DISCOVERY BY LESSOR THAT ANY FINANCIAL STATEMENT GIVEN TO
LESSOR BY LESSEE, OR