DEFAULT BY SUBLESSOR. Sublessor shall not be in default unless Sublessor fails to perform obligations required of Sublessor within a reasonable time, but in no event later than thirty (30) days after written notice by Sublessee to Sublessor and to the holder of any first mortgage or deed of trust covering the Sublease Space and/or Building whose name and address shall have theretofore been furnished to Sublessee in writing. Said notice shall specify wherein Sublessor has failed to perform such obligation; provided, however, that if the nature of Sublessor's obligation is such that more than thirty (30) days are required Sublessee's Initials: JC Sublessor's Initials: MLS for performance, then Sublessor shall not be in default if Sublessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Sublessee further agrees not to invoke any of its remedies under this Sublease until said thirty (30) days have elapsed. In no event shall Sublessee have the right to terminate this Sublease, or xxxxx the rent or credit or offset damages against the rent provided for in this Sublease, as a result of Sublessor's default and Sublessee's remedies shall be limited to damages and/or an injunction. Except as otherwise provided herein, in no event shall Sublessor have the right to terminate this Sublease if Sublessee. fails to occupy the Sublease Space during all or any portion of the term of the Sublease: provided, however, that Sublessee is not in default beyond any applicable grace period or cure period.
DEFAULT BY SUBLESSOR. 38 ARTICLE 18.
DEFAULT BY SUBLESSOR. If Sublessor fails to perform any of Sublessor’s obligations under this Sublease, which failure is not cured within fifteen (15) days after the giving of written notice thereof by Sublessee, unless such default is of such nature that it cannot be cured within such fifteen (15) day period, in which case no event of default shall occur so long as Sublessor shall commence the curing of the default within such fifteen (15) day period and shall thereafter diligently prosecute the curing of same (except in the event of an emergency situation, which is only subject to a five (5) day notice and cure period), then Sublessor shall be in default and Sublessee will have the right (in addition to all other rights and remedies available at law or in equity) to (i) perform such obligation on behalf of Sublessor at Sublessor’s sole cost and expense (provided such costs and expenses are reasonable) by delivering notice to Sublessor, in which event Sublessor agrees to reimburse Sublessee for the reasonable costs and expenses incurred by Sublessee in connection therewith within ten (10) days after request by Sublessee.
DEFAULT BY SUBLESSOR. SUBLESSOR shall not be in default unless SUBLESSOR fails to perform obligations required of SUBLESSOR within a reasonable time, but in no event later that thirty (30) days after written notice by SUBLESSEE to SUBLESSOR and to the holder of any mortgage or deed of trust covering the Premises furnished to SUBLESSEE in writing, specifying wherein SUBLESSOR has failed to perform such obligations; provided, however, that if the nature of SUBLESSOR'S obligation is such that more than thirty (30) days are required for performance, then SUBLESSOR shall not be in default if SUBLESSOR commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion; provided, further, that in the event that SUBLESSOR has defaulted in the payments of a monetary obligation and SUBLESSEE has advanced monies to pay such obligation. SUBLESSOR shall pay SUBLESSEE interest on such monies advanced at a rate of one percent (1%) per month until paid in full. H.
DEFAULT BY SUBLESSOR. If Sublessor shall fail or neglect to perform under any material obligation to be performed by it under this Agreement, Sublessee may terminate this Agreement upon not less than thirty (30) days prior written notice to Sublessor unless Sublessor has promptly undertaken cure of such default during such period, is continuously pursuing such cure and such default shall be curable within a reasonable time after expiration of such thirty (30) day period.
DEFAULT BY SUBLESSOR. Except where the provisions of this Sublease grant Sublessee an express, exclusive remedy, or deny Sublessee a remedy, if Sublessor should fail to perform or observe any covenant, term, provision or condition of this Sublease and such default should continue beyond a period of thirty (30) days (or such longer period as is reasonably necessary to remedy such default, provided Sublessor shall continuously and diligently pursue such remedy at all times until such default is cured) following notice thereof by Sublessee to Sublessor, then Sublessee shall have as its sole and exclusive remedy the right to commence such actions at law or in equity to which Sublessee may be entitled, including without limitation any action for specific performance or damages but expressly excluding an action to declare a termination of this Sublease. The rights of Sublessee pursuant to this Paragraph 15.3 shall be subject to any express provisions of this Sublease providing for remedies different from, or in exclusion of, the remedies above-described. In no event shall Sublessor be liable to Sublessee for consequential or special damages by reason of a failure to perform (or default) by Sublessor or Master Lessor hereunder or otherwise. Sublessee shall have the right, but not the obligation to cure any default by Sublessor under the Master Lease and be reimbursed by Sublessor for the actual amounts expended to cure any such default upon demand from Sublessee.
DEFAULT BY SUBLESSOR. In the event that Sublessor defaults in its obligations to be performed under the Master Lease, Master Lessor agrees to deliver to Sublessor a copy of any such notice of default. Sublessee shall have the right to cure any default of Sublessor described in any notice of default within ten (10) days after service of such notice of default on Sublessee. If such default is cured by Sublessee, then Sublessee shall have the right of reimbursement and/or offset from and against Sublessor.
DEFAULT BY SUBLESSOR. The occurrence of any one or more of the following events shall constitute a default and breach of this Sublease by Sublessor:
DEFAULT BY SUBLESSOR. (a) If Sublessor should fail to observe, perform or comply with any term provision or condition of this Sublease to be performed by Sublessor, and if such failure continues for 30 days following Sublessor’s receipt of notice thereof from Sublessee, Sublessor shall be in default under this Sublease; provided however, that if such failure is of such a character as to require more than 30 days to cure, Sublessor shall not be in default unless Sublessor does not commence such cure within 30 days and thereafter diligently proceed curing such failure. Upon the occurrence of any uncured default by Sublessor, Sublessee shall have all rights, powers and privileges as are had by Sublessor as tenant under the Lease and are otherwise available under law or equity.
(b) Neither Landlord nor Sublessor shall be liable in any manner for any damages, expenses, losses, costs or liabilities (to person or property) resulting from, or relating to, a breach, default or the acts or omissions of other tenants or subtenants of the Building. Sublessee hereby releases Landlord and Sublessor and its partners, shareholders, owners, employees, agents, and representatives from any and all such liabilities.
(c) Sublessee understands and agrees that all of Sublessee’s property is kept in the Sublease Premises at Sublessee’s sole risk.
DEFAULT BY SUBLESSOR. Sublessor shall not be in default unless Sublessor fails to perform obligations required of Sublessor within a reasonable time, but in no event later than thirty (30) days after written notice by Sublessee to Sublessor; provided, however, that if the nature of Sublessor's obligation is such that more than thirty (30) days are required for performance, then Sublessor shall not be in default if Sublessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In the event of any default by Sublessor, Sublessee shall have all rights and remedies available to Sublessee in law and equity. In addition, in the event of a default by Sublessor, Sublessee may cure such default and charge Sublessor for the cost thereof, or offset such cost against future rent.
