STATE OF CALIFORNIA DEPARTMENT OF REHABILITATION

Home Browse Search

15.1.1 Any failure by Tenant to pay any Rent or any other charge required to be paid under this Lease, or any part thereof (or to perform any or! is obligations under Article 6 above), if such failure continues for three (3) days following Landlord's delivery of written notice thereof. 15.1.2 The abandonment of the Premises by Tenant, or the vocation of the Premises by Tenant for a period of ten (10) consecutive days (with or without the payment of Rent), or the failure orTenoit to lake occupancy of the Premises within thirty (30) days of the Commencement Date (It being agreed Out the fact that any of Tenant's Property remains in the Premises shall not be evidence that Tenant has not vacated or abandoned One Premises). 15.1.3 Any failure by Tenant to execute and deliver any statement or document described in Article 12 requested by Landlord within the time periods specified therein, If such failure continues for three (3) days after Landlord's delivery of written notice thereof. 15.1.4 The failure by Tenant to observe or perform any other provision of this Lease to be observed or performed by Tenant, other thml those described in Sections 15.1.1, 1 S_i.2 and 15.1.3 above, if such failure continues for twenty (20) days (except where a different period of time is specified in Oils Lease, in which case such different time period shall apply) after Landlord's delivery of written notice thereof; provided, however, that if the nature of the default is such that it cannot be cured within the twenty (20) day period, no Event of Default shall exist if Tenant commences the curing of the default within the twenty (20) day period and thereafter diligently prosecutes the same to completion. 15.1.5 The making or furnishing by Tenant of any warranty, representation or statement to Landlord in connection with this Lease, or any other agreement to which Tenant and Landlord are parties, which is false or misleading in any material respect when made or Rimished. 15.1.6 The assignment, subletting or other Transfer, or any attempted assignment, subletting or other Transfer, of this Lease in violation of Article 11. 15.1.7 The filing or execution or occurrence of any one of the Following: (a) a petition in bankruptcy or other insolvency proceeding by or against Tenant or any general partner of Tenant, (b) a petition or answer by Tenant or any general partner of Tenant seeking relief under any provision of the Bankruptcy Act, (a) an assignment by Tenant or any general partner of Tenant for the benefit of creditors, (d) a petition or other proceeding by or against Tenant or any general partner of Tenant for the appointment of a trustee, receiver or liquidator of Tenant or any general partner of Tenant or any property of Tenant or any general partner of Tenant, (e) a proceeding by any governmental authority for One dissolution or liquidation of Tenant or any general partner of Tenant or any other instance whereby Tenant or any general partner of Tenant shall cease doing business as a going coneem, or (f) an admission by Tenant or any general partner of Tenant of its inability to pay its debts as they become due. 15.1.8 The default by any guarantor of 'Tenant's obligations hereunder under any guaranty of Otis Lease, the attempted repudiation or revocation orany such guaranty or tie participation by any such guarantor in any other event described in this Section 15.1 (as if this $t•.c((on 15 U referred to such guarantor in place of Tenant). 15.1.9 Any default that continues beyond die applicable notice and cure period by Tenant or any Affiliate of Tenant under any lease (other than this Lease) between: (a) Landlord or any Affiliate of Landlord and (b) Tenant or any Affiliate of Tenant. All of the notices described in this Section 15.1 shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Code of Civil Procedure or any other law now or hereafter in effect requiring that notice of default be given prior to the commencement of an unlawful detainer or other legal proceeding. 15.2 Remedies. Upon the occurrence of any Event of Default by Tenant, in addition to any other remedies available to Landlord at law or in equity, without any further notice or demand whatsoever Landlord shall have the option to pursue any one or more of the remedies described in Section I of Exhibit 11' attached hereto, each and all of which shall, subject to applicable law, be cumulative and nonexclusive (and all of the other previsions of section I of Exhibit "H" shall apply to an Event of Default by Tenant hereunder), ARTICLE 16— LANDLORD DEFAULT: LANDLORD'S L IABTI ITV 16.1 Lnndlot'd 1 efaall. Landlord's failure to peribrm or observe any or its obligations under this Lease shall constitute a material defhull by Landlord under this Lease (a "Landlord Derau1M) only if such failure shall continue for a period of thirty (30) days of er Landlord (tad each Notified Party) receives written notice from Tenant specifying (and describing in reasonable detail) the alleged default (and identifying the applicable Lease provision(s)); provided, however, that if the nature of the default is such that it cannot be cured within the thirty (30) day period, no Landlord Default shall exist if Landlord (or any Notified Party) commences the curing of the applicable default within thirty (30) days following its receipt of Tenant's default notice and thereafter diligently prosecutes the same to completion. Subject to the remaining provisions of this Lease, following the occurrence of any Landlod Def<mlt, Tenant shalt have the right th pursue any remedy available under Law for such Landlord Default by Landlord: provided, however, that in no case shell Tenant have any right to terminate this Lease on account of any such Landlord Default. 16.2 Landlord's Lease Undertakin n. Notwithstanding anything to the contrary contained in this Lease or any other Lease Documents, it is expressly understood and agreed by and between the parties hereto that: (a) the recourse of Tenant or its successors or assigns against Landlord (and the liability of Landlord to Tenant, its successes and assigns) with respect to: (!)any actual or alleged breach or breaches by oron the pat of Landlord of any of Landlord's Lease Undertakings or (ii) any mntter relaling to Tenant's use or occupancy of the Premises shall be limited to an amount equal to the lesser of.. (x) Landlord's equity Interest in the Building and (y) the equity interest Landlord would have in the Building irthe Building were encumbered by independent secured Oiumcing equal to eighty percent (80%) of the value ordhe Building: (b) Tenant shall have no recourse against any other assets ur Landlord or any other Landlord Parties (or their offices, directors or shareholders); (a) except to the extent or Londlord's equity interest in the Building(to the extent provided above), no personal liability or personal responsibility of any sort with respect to any or Landlord's Lease Undertakings or any alleged breach thereof Is assumed by, or shall at any time he asserted or enforceable against. 801 -14-