Reso 2013-2096 - Laserfiche WebLink

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within thirty (30) calendar days after LESSEE or LESSORs, or both have received notice of such lien, claim or encumbrance; or (3) LESSEE shall fail to pay any item constituting Rent when due to LESSOR and LESSEE shall continue in its failure to make any such payments for a period of ten (10) calendar days after Notice is given to make such payments; provided however LESSOR shall not be required to provide Notice of non-payment of Rent on more than one (1) occasion in any twelve (12) month period; or (4) LESSEE shall fail to make any other payment required under this Lease when due to LESSOR and shall continue in its failure to make any such other payments required under this Lease for a period of fifteen (15) calendar days after Notice is given to make such payments; or (5) LESSEE shall fail to keep, perform and observe each and every non- monetary promise, covenant and term set forth in this Lease on its part to be kept, including without limitation all rules and regulations in effect from time to time in accordance with the terms of this Lease, performed or observed within thirty (30) calendar days after Notice of default (except where fulfillment of its obligation required activity over a greater period of time and LESSEE shall have commenced to perform whatever may be required for fulfillment within thirty (30) calendar days after Notice and continues such performance without material interruption); provided, however, the foregoing shall not apply if LESSEE's failure to perform is due directly to the willful wrongful acts or omissions of LESSOR; or (6) LESSEE makes an assignment for the benefit of creditors; or (7) LESSEE files a voluntary petition under Title 11 of the United States Code (the "Bankruptcy Code") or if such petition is filed against LESSEE and an order for relief is entered and not dismissed within sixty (60) days or if LESSEE files any petition or answer seeking, consenting to or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the Bankruptcy Code or any other present or future applicable federal, state or other statute or law; or (8) If, within sixty (60) days after the appointment of any trustee, receiver, custodian, assignee, sequestrator or liquidator of LESSEE, or of all of any of the Premises or any interest of LESSEE in the Premises, such appointment is not vacated or stayed on appeal or otherwise, or if, within thirty (30) days after the expiration of any such stay, such appointment if not vacated. (9) Habitual Default. Notwithstanding the foregoing, in the event that LESSEE has committed a monetary breach or default three (3) or more times in a twelve (12) month period, and regardless of whether LESSEE has cured each individual monetary breach or default, LESSEE may be determined by LESSOR to be an "habitual violator". At the time that such 17