Laserfiche WebLink
<br />Page | 34 <br />9138-126780\1512539.3 <br />(20) days after written notice thereof from Lessor to Tenant; provided, however, that any such notice <br />shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure <br />§1161 et seq. <br />11.1.2. Failure to Perform. The failure or inability by Tenant to observe or perform <br />any of its obligations under this Lease (other than those specified in Sections 11.1.1, 11.1.3, 11.1.6, or <br />11.1.8 herein, which have their own notice and cure periods), where such failure shall continue for a <br />period of thirty (30) days after written notice thereof from Lessor to Tenant or past any such longer <br />period as reasonably agreed upon by the Tenant, Lessor in writing as may be necessary for completion <br />of its cure; provided, however, that any such notice by Lessor shall be in lieu of, and not in addition <br />to, any notice required under California Code of Civil Procedure Section 1161 et. seq.; provided, <br />further, that if the nature of such failure is such that it can be cured by Tenant but that more than thirty <br />(30) days are reasonably required for its cure (for any reason other than financial inability), then <br />Tenant shall not be deemed to be in default if Tenant shall commence such cure within said thirty (30) <br />days, and thereafter diligently pursues such cure to completion. <br />11.1.3. Abandonment. The abandonment (as defined in California Civil Code <br />Section 1951.3) or vacation of the Premises by Tenant for a period of thirty (30) consecutive days or <br />more. <br />11.1.4. Assignments. <br />(a) The making by Tenant of any assignment of its leasehold estate under <br />this Lease without Lessor’s consent, to the extent required pursuant to Article X; <br />(b) A case is commenced by or against Tenant under Chapters 7, 11 or 13 <br />of the Bankruptcy Code, Title 11 of the United States Code as now in force or hereafter amended and <br />if so commenced against Tenant, the same is not dismissed within ninet y (90) days of such <br />commencement; <br />(c) the appointment of a trustee or receiver to take possession of <br />substantially all of Tenant’s assets located at the Premises or of Tenant’s interest in this Lease, where <br />such seizure is not discharged within sixty (60) days; or <br />(d) Tenant’s convening of a meeting of its creditors or any class thereof <br />for the purpose of effecting a moratorium upon or composition of its debts. In the event of any such <br />default, neither this Lease nor any interests of Tenant in and to the Premise s shall become an asset in <br />any of such proceedings. <br />11.1.5. Failure to Reimburse Lessor. Tenant’s failure to reimburse the Lessor <br />pursuant to Section 3.6.4. <br />11.1.6. Termination of and Failure to Reinstate Insurance Coverage. <br />Termination of Tenant’s insurance coverage and lack of reinstatement within ten (10) business days <br />after notice from Lessor of such termination. <br />11.1.7. Failure to Provide Evidence of Insurance. Tenant’s failure to provide <br />Lessor with a valid and adequate certificate of insurance and endorsements, or binde r, at any time <br />during the Term of the Lease, within the time period required under Section 8.1.3. <br />EXHIBIT 5