Default by Sublandlord. In the event that Sublandlord defaults in the performance or observance of any of Sublandlord’s obligations under this Agreement, then Subtenant will give Sublandlord written notice of Sublandlord’s default. If such default will not be cured by Sublandlord within thirty (30) business days after the date of Subtenant’s notice (except if such default cannot be cured within this thirty (30) business day period, this period will be extended for an additional reasonable time, provided that Sublandlord commences to cure such default within such thirty (30) business day period and proceeds diligently thereafter to effect such cure as quickly as possible), then Subtenant will be entitled to cure such default and promptly collect from Sublandlord Subtenant’s reasonable expenses in so doing (including reasonable attorneys’ fees and costs). Subtenant will not be required, however, to wait the entire cure period described herein if earlier action is required to comply with the Lease or any applicable law. Provided further that, in the event Sublandlord defaults in a manner that would result in the Lease being terminated by the Landlord, the Subtenant may, if it so chooses, attempt to obtain the Landlord’s consent that the Subtenant be recognized as the Tenant under the Lease leasing directly from the Landlord upon and with the existing terms of this Agreement being recognized and upheld.
Default by Sublandlord. If Sublandlord shall fail to comply with the Lease for more than thirty (30) days after written notice from Subtenant and such failure materially effects Subtenant's possession of the Subleased Premises, then Subtenant shall provide Sublandlord and Landlord a second notice, and Sublandlord and Landlord shall have thirty (30) days from receipt of such second notice to cure said failure. If Sublandlord or Landlord have commenced curing within such period and continue to diligently prosecute curing said default such period shall be extended for such period as Sublandlord and/or Landlord continue to diligently prosecute said default.
Default by Sublandlord. In the event that Sublandlord defaults in the performance or observance of any of Sublandlord’s obligations under this Sublease, then Subtenant will give Sublandlord written notice of Sublandlord’s default. Sublandlord shall remedy any default by Sublandlord hereunder within thirty (30) business days after the date of Subtenant’s notice, this period will be extended for an additional reasonable time, provided that Sublandlord commences to cure such default within such thirty (30) day period and proceeds diligently thereafter to effect such cure as quickly as possible.
Default by Sublandlord. The occurrence of any of the following events shall constitute a default by Sublandlord under this Sublease: (a) Sublandlord fails to pay in a timely manner its portion of any remaining balance of the Basic Monthly Rent or any other sum to Landlord under the Lease or this Sublease within three (3) business days after receipt of written notice that the same is past due; or (b) Sublandlord fails to observe or perform in a timely manner any other term, covenant or condition to be observed or performed by Sublandlord under the Lease (excepting those items which Subtenant is obligated to perform pursuant to the terms of this Sublease) or this Sublease within ten (10) calendar days after written notice is given to Sublandlord of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Sublandlord shall not be in default if Sublandlord commences such cure within such ten (10) day period and diligently prosecutes such cure to completion.
Default by Sublandlord. If Sublandlord shall be in default in the performance of any of its obligations hereunder, or under the Prime Lease, but only to the extent such default directly affects the Subleased Premises, Subtenant may (but shall not be obligated to do so), in addition to any other rights it may have in law or equity, cure such default on behalf of Sublandlord. In such event, Sublandlord shall reimburse Subtenant upon demand, for any costs incurred by Subtenant in curing said defaults, along with interest from the date Subtenant cures any such default until the date such sum is paid, at the rate specified in section 12(a)(ii) herein. Without limiting the generality of the foregoing, if a default by Sublandlord under the Prime Lease, not attributable to a default by Subtenant under this Sublease, results in a termination of this Sublease, Sublandlord shall be liable to Subtenant for any damages resulting from such termination.
Default by Sublandlord. In the event of a default by Sublandlord under the Lease for failure to pay Fixed or Additional Rent thereunder (assuming Tenant is not in default under this Sublease and has timely paid all Fixed Rent and Additional Rent due hereunder), Sublandlord shall remedy such default in the manner and within the time period set forth in the Lease. In the event Sublandlord fails to so remedy such default and the 4th Floor Lease and/or the 5th Floor Lease shall be terminated by Landlord because of such default, Subtenant shall have such remedies as Subtenant is entitled to at law.
Default by Sublandlord. If any covenant of this Sublease on the part of Sublandlord to be kept or performed, shall be violated or neglected, and if Sublandlord shall fail to cure the same within twenty (20) days from the date of written notice from Subtenant to Sublandlord specifying the violation; or if the Premises or Sublandlord's interest therein shall be taken on execution or other process of law; or in the event of bankruptcy, receivership, insolvency, liquidation, dissolution or similar proceedings with respect to Sublandlord, or if Sublandlord shall enter into a general assignment for the benefit of creditors; or if Sublandlord is in default under the Services Agreement beyond any applicable cure period; then and in any of such cases, Sublandlord shall be deemed in default, and Subtenant shall have the following rights and remedies against Sublandlord (in addition to all other rights and remedies provided by law or in equity): (i) to terminate this Sublease, but only if the Services Agreement is also terminated, (ii) to cure or attempt to cure the default, whereupon Sublandlord shall upon demand reimburse Subtenant for all costs thus expended together with interest thereon at the Interest Rate on the first date of such expenditure by Subtenant, or (iii) to sue xxx Sublandlord's performance, whereupon Sublandlord shall upon demand reimburse Subtenant for all costs thus expended together with interest thereon at the Interest Rate on the first date of such expenditure by Subtenant.
Default by Sublandlord. Section 36 of the Master Lease is incorporated herein by reference, except that all references to “day” or “days” shall be deemed a reference to business days.
Default by Sublandlord. Sublandlord will not be in default under this Sublease, and Subtenant shall not be entitled to take any action, or exercise any right, remedy, or recourse, against Sublandlord, unless Sublandlord fails to perform any of its obligations under this Sublease and that failure continues for a period of thirty (30) calendar days after written notice from Subtenant. If, however, the failure cannot reasonably be cured within such 30-day period, Sublandlord will not be in default if Sublandlord commences to cure any failure within the 30-day period and diligently prosecutes such cure to completion. Upon any event of default by Sublandlord under this Sublease, Subtenant may exercise all available legal or equitable rights and remedies as permitted by Utah law.
Default by Sublandlord. Sublandlord shall not be in default and Subtenant may not terminate unless Sublandlord fails to perform obligations required of Sublandlord within a reasonable time, but in no event later than thirty (30) days after written notice by Subtenant to Sublandlord. Said notice shall specify wherein Multi-Tenant Lease Triple Net Exhibit K [***] Indicates portions of this exhibit that have been omitted and filed separately with the Commission pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934, as amended. Sublandlord has failed to perform such obligation; provided, however, that if the nature of Sublandlord’s obligation is such that more than thirty (30) days are required for performance then Sublandlord shall not be in default if Sublandlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Subtenant further agrees not to invoke any of its remedies under this Sublease until said thirty (30) days have elapsed.
