Common use of Default by Subtenant Clause in Contracts

Default by Subtenant. Subtenant shall do nothing that will subject the Main Lease to termination by Landlord under the provisions of the Main Lease. If Subtenant is in default under the provisions of the Main Lease, Tenant shall be entitled, but not obligated, to cure such default on behalf of and for the account of Subtenant, in which case all damages and expenses, including without limitation reasonable attorneys’ fees, incurred by Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, shall be paid by Subtenant to Tenant, as additional rent hereunder, immediately upon Tenant’s demand therefor. By so curing any such default of Subtenant on behalf of and for the account of Subtenant, Tenant shall not be deemed to have waived any of its rights or released Subtenant from any of its obligations under this Sublease. Tenant shall, however, also be entitled to cure such default on its own account to preserve its interest in and under the Main Lease, and may terminate this Sublease by-reason of such default of Subtenant if Subtenant does not pay to Tenant, as additional rent hereunder, all damages and expenses, including without limitation reasonable attorneys’ fees, incurred by Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, within ten (10) days after demand therefor. In the event Tenant terminates this Sublease due to a default by Subtenant, Subtenant shall immediately reimburse Tenant, as additional rent, the unamortized value of the Free Rent (amortized on a straight-line basis over the term of this Sublease) as of the date of such termination, which remedy shall be in addition to all of Tenant’s other rights and remedies set forth herein and at law and in equity. In the event that the Main Lease is terminated by Landlord by reason of Subtenant’s default, Subtenant shall indemnify Tenant against, and hold Tenant harmless from, all damages and expenses that Tenant may become liable to pay under the Main Lease resulting from such default, plus all other expenses relating thereto, including without limitation (i) reasonable attorneys’ fees and the full expense (including the value of the work required to be done by Tenant’s personnel) of relocating Tenant to new leased premises as a replacement for the Tenant’s Premises, which new leased premises shall be at least equivalent to the Tenant’s Premises in terms of size, quality of location, and quality of construction and (ii) the unamortized value of the Free Rent (amortized on a straight-line basis over the term of this Sublease) as of the date of such termination.

Default by Subtenant. Subtenant shall do nothing that will subject the Main Lease to termination by Landlord Lessor under the provisions of the Main Lease. If Subtenant is in default under the provisions of the Main Lease, Tenant shall be entitled, but not obligated, to cure such default on behalf of and for the account of Subtenant, in which case all damages and expenses, including without limitation reasonable attorneys’ ' fees, incurred by Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, shall be paid by Subtenant to Tenant, as additional rent hereunder, immediately upon Tenant’s 's demand therefor. By so curing any such default of Subtenant on behalf of and for the account of Subtenant, Tenant shall not be deemed to have waived any of its rights or released Subtenant from any of its obligations under this Sublease. Tenant shall, however, also be entitled to cure such default on its own account to preserve its interest in and under the Main Lease, and may terminate this Sublease by-by reason of such default of Subtenant if Subtenant does not pay to Tenant, as additional rent hereunder, all damages and expenses, including without limitation reasonable attorneys’ ' fees, incurred by Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, within ten (10) days after demand therefor. In the event Tenant terminates this Sublease due to a default by Subtenant, Subtenant shall immediately reimburse Tenant, as additional rent, the unamortized value of the Free Rent (amortized on a straight-line basis over the term of this Sublease) as of the date of such termination, which remedy shall be in addition to all of Tenant’s other rights and remedies set forth herein and at law and in equity. In the event that the Main Lease is terminated by Landlord Lessor by reason of Subtenant’s 's default, Subtenant shall indemnify Tenant against, and hold Tenant harmless from, all damages and expenses that Tenant may become liable to pay under the Main Lease resulting from such default, plus all other expenses relating thereto, including without limitation (i) reasonable attorneys’ ' fees and the full expense (including the value of the work required to be done by Tenant’s 's personnel) of relocating Tenant to new leased premises as a replacement for the Tenant’s 's Premises, which new leased premises shall be at least equivalent to the Tenant’s 's Premises in terms of size, quality of location, and quality of construction and (ii) the unamortized value of the Free Rent (amortized on a straight-line basis over the term of this Sublease) as of the date of such terminationconstruction.

Default by Subtenant. The following shall constitute an "Event of Default" hereunder: Subtenant shall do nothing fails to pay any installment of Base Rental or Subtenant's Taxes Proportionate Share of Taxes or Subtenant's Expenses Proportionate Share of Expenses within five (5) business days after receipt of notice from Sublandlord that will subject the Main Lease same is overdue or fails to termination by Landlord under the provisions of the Main Lease. If pay any other amount due from Subtenant is in default under the provisions of the Main Lease, Tenant shall be entitled, but not obligated, to cure such default on behalf of and for the account of Subtenant, in which case all damages and expenses, including without limitation reasonable attorneys’ fees, incurred by Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, shall be paid by Subtenant to Tenant, as additional rent hereunder, immediately upon Tenant’s demand therefor. By so curing any such default of Subtenant on behalf of and for the account of Subtenant, Tenant shall not be deemed to have waived any of its rights or released Subtenant from any of its obligations under this Sublease. Tenant shall, however, also be entitled to cure such default on its own account to preserve its interest in and under the Main Lease, and may terminate this Sublease by-reason of such default of Subtenant if Subtenant does not pay to Tenant, as additional rent hereunder, all damages and expenses, including without limitation reasonable attorneys’ fees, incurred by Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, hereunder within ten (10) business days after demand thereforreceipt of notice from Sublandlord that the same is overdue; or Subtenant fails to perform or observe any other material covenant or agreement set forth in this Sublease and such failure continues for thirty (30) days after notice thereof from Sublandlord to Subtenant, provided that if such failure to perform or observe cannot be reasonably be cured within such thirty (30) day period, then, so long as Subtenant commences to so perform or observe within such thirty (30) day period and diligently prosecutes the same to completion, such thirty (30) day period shall be extended for such time as may be reasonably necessary. Upon an Event of Default, Sublandlord may exercise, without limitation of any other rights and remedies available to it hereunder or at law or in equity, any and all rights and remedies of Landlord set forth in the Lease in the event of a default by Sublandlord thereunder. In the event Tenant terminates this Sublease due Subtenant fails or refuses to a default make any payment or perform any material covenant or agreement to be performed hereunder by Subtenant, and does not cure same within any applicable notice and cure period provided above, Sublandlord may make such payment or undertake to perform such covenant or agreement (but shall not have any obligation to Subtenant to do so). In such event, reasonable amounts so paid and amounts expended in undertaking such performance, together with all reasonable costs, expenses and attorneys' fees incurred by Sublandlord in connection therewith and interest thereon at the Interest Rate shall immediately reimburse Tenant, as be additional rent, the unamortized value of the Free Rent (amortized on a straight-line basis over the term rent hereunder. Anything contained in any provision of this Sublease) as Sublease to the contrary notwithstanding, Subtenant agrees, with respect to the Sublease Premises, to comply with and remedy any default in this Sublease or the Lease which is Subtenant's obligation to cure, within the period allowed to Sublandlord under the Lease, even if such time period is shorter than the period otherwise allowed therein due to the fact that notice of default from Sublandlord to Subtenant is given after the date corresponding notice of such terminationdefault from Landlord to Sublandlord, which remedy shall be in addition to all of Tenant’s other rights and remedies set forth herein and at law and in equity. In the event provided that the Main Lease is terminated by Landlord by reason foregoing time period shall not commence until Subtenant has actually received a copy of Subtenant’s default, Subtenant shall indemnify Tenant against, and hold Tenant harmless from, all damages and expenses that Tenant may become liable to pay under the Main Lease resulting from any such default, plus all other expenses relating thereto, including without limitation (i) reasonable attorneys’ fees and the full expense (including the value of the work required to be done by Tenant’s personnel) of relocating Tenant to new leased premises as a replacement notice or demand for the Tenant’s Premises, which new leased premises shall be at least equivalent to the Tenant’s Premises in terms of size, quality of location, and quality of construction and (ii) the unamortized value of the Free Rent (amortized on a straight-line basis over the term of this Sublease) as of the date of such terminationperformance.

Default by Subtenant. Subtenant shall do nothing that will subject the Main Lease or Main Sublease to termination by Landlord Lessor or Landlord, respectively, under the provisions of the Main LeaseLease or Main Sublease. If Subtenant is in default under the provisions of the Main LeaseLease and/or Main Sublease, Landlord and/or Tenant shall be entitled, but not obligated, to cure such default on behalf of and for the account of Subtenant, in which case all damages and expenses, including without limitation reasonable attorneys’ ' fees, incurred by Landlord and/or Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, shall be paid by Subtenant to Landlord and/or Tenant, as additional rent hereunderapplicable, immediately upon Landlord and/or Tenant’s 's demand therefor. By so curing any such default of Subtenant on behalf of and for the account of Subtenant, neither Landlord nor Tenant shall not be deemed to have waived any of its its/their rights or released Subtenant from any of its obligations under this Sublease. Landlord and/or Tenant shall, however, also be entitled to cure such default on its its/their own account to preserve its its/their interest in and under the Main LeaseLease and/or Main Sublease, and may terminate this Sublease by-by reason of such default of Subtenant if Subtenant does not pay to Landlord and/or Tenant, as additional rent hereunderapplicable, all damages and expenses, including without limitation reasonable attorneys’ ' fees, incurred by Landlord and/or Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, within ten (10) days after demand therefor. In the event Tenant terminates this Sublease due to a default by Subtenant, Subtenant shall immediately reimburse Tenant, as additional rent, the unamortized value of the Free Rent (amortized on a straight-line basis over the term of this Sublease) as of the date of such termination, which remedy shall be in addition to all of Tenant’s other rights and remedies set forth herein and at law and in equity. In the event that the Main Lease is terminated by Lessor, or the Main Sublease is terminated by Landlord by reason of Subtenant’s 's default, Subtenant shall indemnify Landlord and Tenant respectively against, and hold Landlord and/or Tenant harmless from, all damages and expenses that Landlord and/or Tenant may become liable to pay under the Main Lease resulting from such default, plus all other reasonable out-of-pocket expenses relating thereto, including without limitation (i) reasonable attorneys’ fees and the full expense (including the value of the work required to be done by Tenant’s personnel) of relocating Tenant to new leased premises as a replacement for the Tenant’s Premises, which new leased premises shall be at least equivalent to the Tenant’s Premises in terms of size, quality of location, and quality of construction and (ii) the unamortized value of the Free Rent (amortized on a straight-line basis over the term of this Sublease) as of the date of such termination' fees.

Default by Subtenant. The occurrence of any of the following events shall constitute a default by Subtenant shall do nothing 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 this Sublease, and such failure is not cured within three (3) business days after written notice is given to Subtenant that will subject the Main Lease same is past due; (b) Subtenant fails to termination observe or perform in a timely manner any other term, covenant or condition to be observed or performed by Landlord Subtenant under the provisions Lease or this Sublease within five (5) business days after written notice is given to Subtenant of the Main Lease. If Subtenant such failure; provided, however, that if more than five (5) business days is in default under the provisions of the Main Lease, Tenant shall be entitled, but not obligated, reasonably required to cure such default on behalf of and for the account of Subtenantfailure, in which case all damages and expenses, including without limitation reasonable attorneys’ fees, incurred by Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, shall be paid by Subtenant to Tenant, as additional rent hereunder, immediately upon Tenant’s demand therefor. By so curing any such default of Subtenant on behalf of and for the account of Subtenant, Tenant shall not be deemed in default if Subtenant commences such cure within such five (5) business day period and diligently prosecutes such cure to have waived completion; (c) Subtenant (i) files a petition in bankruptcy, (ii) becomes insolvent, (iii) 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 its rights a receiver or released trustee (and such petition is not dismissed within sixty (60) days), (iv) petitions for or enters into an arrangement for the benefit of creditors, or (v) suffers this Sublease to become subject to a writ of execution; or (d) Subtenant from any of its obligations under this Sublease. Tenant shallvacates or abandons the Subleased Premises, if such vacation would adversely affect or render void the property insurance carried by Landlord on the Building; provided, however, also be entitled to cure that if the sole, adverse effect caused by such default on its own account to preserve its interest vacation is an increase in the premium for such property insurance and under Subtenant pays the Main Lease, and may terminate this Sublease by-reason incremental amount of such default of Subtenant if Subtenant does not pay to Tenant, as additional rent hereunder, all damages and expenses, including without limitation reasonable attorneys’ fees, incurred by Tenant in connection with such cure, together with interest thereon until paid at the maximum rate permitted under applicable law, increase within ten (10) business days after demand therefor. In the event Tenant terminates this Sublease due to written notice thereof, such vacation shall not be a default by Subtenant, Subtenant shall immediately reimburse Tenant, as additional rent, the unamortized value of the Free Rent (amortized on a straight-line basis over the term of under this Sublease) as of the date of such termination, which remedy shall be in addition to all of Tenant’s other rights and remedies set forth herein and at law and in equity. In the event that the Main Lease is terminated by Landlord by reason of Subtenant’s default, Subtenant shall indemnify Tenant against, and hold Tenant harmless from, all damages and expenses that Tenant may become liable to pay under the Main Lease resulting from such default, plus all other expenses relating thereto, including without limitation (i) reasonable attorneys’ fees and the full expense (including the value of the work required to be done by Tenant’s personnel) of relocating Tenant to new leased premises as a replacement for the Tenant’s Premises, which new leased premises shall be at least equivalent to the Tenant’s Premises in terms of size, quality of location, and quality of construction and (ii) the unamortized value of the Free Rent (amortized on a straight-line basis over the term of this Sublease) as of the date of such termination.