Default by Subtenant. (a) Upon the happening of any of the following:
(i) Subtenant fails to pay any Base Rent or Additional Rent within five (5) days after the date it is due;
(ii) Subtenant fails to pay any other amount due from Subtenant hereunder and such failure continues for five (5) business days after notice thereof from Sublandlord to Subtenant;
(iii) Subtenant fails to perform or observe any other covenant, obligation or agreement set forth in this Sublease and such failure continues until the earlier of (1) ten (10) business days after notice thereof from Sublandlord to Subtenant or (2) any earlier date specified for default under the Prime Lease, any Superior Interest or any Ancillary Document, as the case may be; or
(iv) any other event occurs which involves Subtenant or the Leased Premises or any part thereof and which would constitute a default under the Prime Lease if it involved Sublandlord (or any agent. representative, officer, director, manager or shareholder of Subtenant) or the Leased Premises, subject to any notice and cure periods thereunder; Subtenant shall be deemed to be in default hereunder, and Sublandlord may exercise, without any further demand or notice, and without limitation of any other rights and remedies available to it hereunder or at law or in equity, all of which rights are hereby expressly reserved, any and all of the equivalent rights and remedies of Landlord set forth in the Prime Lease with respect to the Leased Premises in the event of a default by Sublandlord thereunder (including without limitation the right to terminate this Sublease and recover possession of the Leased Premises free of all rights and interests of Subtenant).
(b) In the event Subtenant fails or refuses to make any payment or perform any covenant, obligation or agreement to be performed hereunder by Subtenant, Sublandlord may make such payment or undertake to perform such covenant, obligation or agreement (but shall not have any obligation to Subtenant to do so). In such event, all amounts so paid and all amounts expended in undertaking such performance, together with all costs, expenses and reasonable attorneys’ fees incurred by Sublandlord or Landlord in connection therewith, together with interest at the Default Rate, shall be additional rent hereunder.
Default by Subtenant. In the event Subtenant shall be in default of any covenant of, or shall fail to honor any obligation under, this Sublease, Sublandlord shall have available to it against Subtenant all of the remedies available (a) to Landlord under the Master Lease in the event of a similar default on the part of Sublandlord thereunder or (b) at law.
Default by Subtenant. (a) Each of the following occurrences shall be considered a “Default”: (i) Subtenant’s failure to pay any portion of Rent or Additional Rent within five (5) days of when due; and (ii) Subtenant’s failure to comply with any term, provision, condition or covenant of this Sublease, if the failure is not cured within thirty (30) days after written notice to Subtenant of such failure. In the event a default in the nature of clause (ii) above cannot be remedied using commercially reasonable efforts within such thirty (30) day period, Subtenant shall not be in Default provided Subtenant commences commercially reasonably steps to remedy the Default within said thirty (30) day period and delivers written notice to Sublandlord of the same, and thereafter diligently prosecutes the same to completion.
(b) Upon a Subtenant Default, Sublandlord may choose: (a) re-enter the Premises and terminate this Sublease and hold Subtenant responsible for all damages resulting from the breach; or (b) re-enter the Premises, keep this Sublease intact, and attempt to relet the Premises on behalf of Subtenant as Subtenant’s agent; or (c) choose not to re-enter but to hold Subtenant responsible for all terms of this Sublease. Upon re-entering the Premises, Sublandlord may relet the Premises or any part thereof for such term, on such conditions, and at such rental as Sublandlord may deem advisable with the right to make alterations and repairs to the Premises and no such re-entry shall be considered or construed to be forcible entry or detainer.
Default by Subtenant. In the event of a default by Subtenant under this Agreement, or an event occurs which involves Subtenant or the Sublease Premises which would constitute a default under the Lease if it involved Sublandlord or the Premises and Subtenant fails to cure such default or defect within the applicable notice and cure periods, if any, Sublandlord may, but will not be obligated to, make any payment or undertake to perform such covenant or agreement constituting such default. In such event, amounts so paid and amounts expended in undertaking such performance, together with all costs, expenses and reasonable attorneys’ fees incurred by Sublandlord, will be Additional Sublease Rent under this Agreement payable as provided for herein.
Default by Subtenant. The occurrence of any of the following events shall constitute a default by Subtenant under this Sublease: (a) Subtenant fails to pay in a timely manner any installment of Sublease Basic Monthly Rent or any other sum due under the Lease or this Sublease within three (3) business days after receipt of written notice that the same is past due; (b) Subtenant fails to observe or perform in a timely manner any other term, covenant or condition to be observed or performed by Subtenant under the Lease or this Sublease within ten (10) calendar days after written notice is given to Subtenant of such failure; provided, however, that if more than ten (10) calendar days is reasonably required to cure such failure, Subtenant shall not be in default if Subtenant commences such cure within such ten (10) day period and diligently prosecutes such cure to completion; (c) Subtenant files a petition in bankruptcy, becomes insolvent, has taken against Subtenant in any court, pursuant to state or federal statute, a petition in bankruptcy or insolvency or for reorganization or appointment of a receiver or trustee, petitions for or enters into an arrangement for the benefit of creditors or suffers this Sublease to become subject to a writ of execution; or (d) Subtenant vacates or abandons the Subleased Premises.
Default by Subtenant. Upon the breach of any of the terms, conditions or covenants of the Master Lease or upon the failure of Subtenant to pay rent or comply with any of the provisions of this Sublease Agreement, Sublandlord may exercise any and all rights and remedies granted to Landlord by the Master Lease. In the event that Subtenant breaches any of the terms, conditions, or covenants of this Sublease or of the Master Lease and fails to remedy such breach within ten (10) days of written notice, Sublandlord has the right, but not the obligation, to cure such breach and xxxx Subtenant for the costs incurred thereby, which costs Subtenant shall pay to Sublandlord upon demand.
Default by Subtenant. In the event Subtenant shall be in default of any covenant of, or shall fail to honor any obligation under this Sublease, and such default or failure is continuing for five (5) business days following written notice from Sublandlord (“Default”). Sublandlord shall have available to it against Subtenant all of the remedies available (a) to Landlord under the Master Lease in the event of a similar Default on the part of Sublandlord thereunder or (b) at law.
Default by Subtenant. Time is of the essence with respect to each of the provisions of this Sublease. Any of the following shall constitute a default by Subtenant:
Default by Subtenant. Defaults by Subtenant are (a) failing to timely pay rent or additional rent within five (5) business days after written notice from Sublandlord advising of such failure, or (b) failing to comply with any provision of the Master Lease or Sublease (other than the monetary defaults set forth in (a) above) within thirty (30) days after written notice from Sublandlord advising of such failure (or such longer period if the default is of a nature that it cannot be cured within 30 days and Subtenant commences cure within such 30-day period and diligently pursues curing the default) (other than failing to vacate the Subleased Premises at the end of the Term, which requires no notice or opportunity to cure).
Default by Subtenant. If the Subtenant shall fail to perform or observe any of the terms, provisions, covenants or conditions of this Sublease or of the Lease Provisions, and such failure continues beyond the expiration of the notice and cure period provided in Article 24 of the Lease (an “Event of Default”), Sublandlord shall have all the rights of Landlord under the Lease and Subtenant shall be subject to all provisions with respect to a default by Tenant under the Lease. Without limiting the generality of the foregoing, Sublandlord shall have the remedy described in California Civil Code Section 1951.4 (Sublandlord may continue this Sublease in effect after Subtenant’s breach, even if Subtenant has abandoned Premises, and enforce all of Sublandlord’s rights and remedies under this Sublease, including the right to recover rent as it becomes due, if Subtenant has the right to sublet or assign, subject only to reasonable limitations). In addition to any right of Sublandlord under the Lease, upon an Event of Default by Subtenant, Sublandlord may thereafter at any time terminate this Sublease and reenter Premises, and/or require immediate payment by Subtenant of all monetary obligations of Subtenant under this Sublease based on Sublandlord’s reasonable estimation of those costs at such time. All rights and remedies of Sublandlord under this Sublease, the Lease, at law or in equity shall be cumulative, none shall be exclusive of any other, and pursuit of any one right or remedy shall not preclude pursuit of any additional rights or remedies.
