Common use of DEFAULT BY SUBLESSOR Clause in Contracts

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. No default by Sublessor shall not hereunder will constitute an eviction or disturbance of Sublessee’s use and possession of the Demised Premises or render Sublessor liable for damages or entitle Sublessee to be in default unless relieved from any of Sublessee’s obligations hereunder (including the obligation to pay rent) or grant Sublessee any right of deductions, abatement, setoff. or recoupment or entitle Sublessee to take any action whatsoever with regard to the Demised Premises or Sublessor fails to perform obligations required of Sublessor within a reasonable time, but in no event later than thirty until twenty (3020) days after Sublessee has given Sublessor written notice specifically setting forth such default by Sublessee to Sublessor 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 cure such obligation; provideddefault within said twenty (20) day period, howeveror, that if in the nature of Sublessor's obligation is event such that more than thirty default cannot be cured within said twenty (3020) days are required Sublessee's Initials: JC Sublessor's Initials: MLS for performanceday period, then within an additional reasonable period of time so long as Sublessor shall not be in default if Sublessor commences performance has commenced curative action within such thirty said twenty (3020) day period and thereafter is diligently prosecutes the same attempting to completion. Sublessee further agrees not to invoke any of its remedies under this Sublease until said thirty (30) days have elapsedcure such default. In no the event shall that Sublessor fails to cure such default within said twenty (20) day period. or within said additional reasonable period of time, Sublessee have will be entitled to (i) cure such default, in which event Sublessor will reimburse Sublessee on demand for all costs and expenses expended or incurred by Sublessee in curing such default together with interest thereon at the right highest legal contractual rate until reimbursement is made to Sublessee by Sublessor, (ii) exercise all rights and remedies provided by law, and/or (iii) immediately 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. Sublessor shall deliver to Sublessee within five (5) days after Sublessor's receipt copies of all notices of default that Sublessor may receive pursuant to the Lease. In the event that Sublessor shall default in the performance of any of Sublessor's obligations or duties under the Lease or this Sublease, Sublessee may notify Sublessor in writing of the default, and Sublessor shall have (a) seven (7) days from the date of the notice to cure any monetary default, (b) 30 days from the date of the notice to cure any non-monetary default, or (c) if a non-monetary default cannot with due LEGAL02/30664744v8 diligence be in cured by Sublessor within said 30-day period, said period shall be extended for an additional reasonable time, provided that Sublessor commences to cure the default unless within said initial 30-day period and proceeds diligently thereafter to effect the cure thereof as quickly as possible. If Sublessor fails to perform obligations required cure the default within said period (as same may be extended in accordance with the foregoing sentence) or fails during any extended period to proceed diligently to effect its cure of Sublessor within a reasonable timethe default, 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 upon written notice to Sublessor, which such right shall not be exclusive of any other right or remedy, but rather, cumulative and in addition to any other right or remedy now or hereafter existing at law or in equity. Without limiting any of the rights of Sublessee described in this paragraph, in the event that (x) Sublessor, for any reason, other than by reason of a default by Sublessee, fails to fulfill any covenant or provision of this Sublease on its part to be performed, and (y) such failure impairs or interferes with the conduct of Sublessee's business, as reasonably determined by Sublessee; and (z) such failure is not remedied within five (5) days after Sublessee provides Sublessor notice of such failure, then (i) Base Rent and other charges hereunder shall be abated as of the date of such failure until such failure is remedied; and (ii) Sublessee shall have the right, but not the obligation, to remedy Sublessor's failure and charge Sublessor for the costs of such remedy, which costs shall be paid by Sublessor to Sublessee within ten (10) days of Sublessee's demand therefor, and upon Sublessor's failure to pay the same, Sublessee shall have the right to credit such costs against any future installments of Rent and other charges payable by Sublessee hereunder until such cost is fully recouped by Sublessee. fails to occupy The rights of Sublessee hereunder shall survive the Sublease Space during all expiration or any portion earlier termination of the term of the this Sublease: provided, however, that Sublessee is not in default beyond any applicable grace period or cure period.

DEFAULT BY SUBLESSOR. A. If any essential services (such as HVAC, passenger elevators if necessary for reasonable access, snow removal, etc.) supplied by Sublessor are interrupted, and the interruption does not result from the negligence or willful misconduct of Sublessee, its employees, invitees, or agents, Sublessee shall be entitled to an abatement of Base Rent and Additional Rent during the period of interruption. Such right shall be construed as an additional remedy granted to Sublessee and not in limitation of any other rights or remedies which Sublessee may have. B. If Sublessor defaults in the performance or observance of any provision of this Lease, Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted and if such default shall not be in default unless Sublessor fails to perform obligations required of cured by Sublessor within 30 days after the delivery of such notice (except that if such default cannot be cured within said 30 day period, this period shall be extended for a reasonable additional time, but in no event later than thirty provided that Sublessor commences to cure such default within the 30 day period and proceeds diligently thereafter to effect such cure) Sublessee may cure such default and/or withhold payment of Base Rent and Additional Rent due and to accrue hereunder (30) days after written notice to the extent necessary to cover the costs incurred and/or estimated by Sublessee to cure such default) so long as 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 remains 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 Subleasedefault, or xxxxx the rent or credit or offset damages against the rent provided invoice Sublessor for in this Subleasecosts and expenses (including, as a result of without limitation, reasonable attorneys' fees and court costs) incurred by Sublessee therefor. If Sublessee cannot reasonably cure Sublessor's default and Sublessee's remedies shall be limited to damages and/or an injunction. Except as otherwise provided hereinor if Sublessor does not reimburse Sublessee within 30 days of receipt of any invoice for the cost of such cure, in no event shall Sublessor have the right to Sublessee may 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 periodLease.

DEFAULT BY SUBLESSOR. A. If any essential services (such as HVAC, passenger elevators if necessary for reasonable access, snow removal, etc.) supplied by Sublessor are interrupted, and the interruption does not result from the negligence or willful misconduct of Sublessee, its employees, invitees, or agents, Sublessee shall be entitled to an abatement of Base Rent and Additional Rent during the period of interruption. Such right shall be construed as an additional remedy granted to Sublessee and not in limitation of any other rights or remedies which Sublessee may have. B. If Sublessor defaults in the performance or observance of any provision of this Agreement, Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted and if such default shall not be in default unless Sublessor fails to perform obligations required of cured by Sublessor within 30 days after the delivery of such notice (except that if such default cannot be cured within said 30 day period, this period shall be extended for a reasonable additional time, but in no event later than thirty provided that Sublessor commences to cure such default within the 30 day period and proceeds diligently thereafter to effect such cure) Sublessee may cure such default and/or withhold payment of Base Rent and Additional Rent due and to accrue hereunder (30) days after written notice to the extent necessary to cover the costs incurred and/or estimated by Sublessee to cure such default) so long as Sublessor remains in default, or invoice Sublessor for costs and to the holder expenses (including, without limitation, reasonable attorneys’ fees and court costs) incurred by Sublessee therefor. If Sublessee cannot reasonably cure Sublessor’s default or if Sublessor does not reimburse Sublessee within 30 days of receipt of any first mortgage or deed invoice for the cost of trust covering the Sublease Space and/or Building whose name and address shall have theretofore been furnished to such cure, 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 may 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 periodAgreement.