Common use of Default of Subtenant Clause in Contracts

Default of Subtenant. If (a) Subtenant shall fail to pay any installment of Monthly Base Rent or Additional Rent provided herein when due and said failure shall continue for three (3) days following written notice and demand to pay; (b) Subtenant shall violate or fail to perform any of the other conditions, covenants or agreements herein made by Subtenant and such violation or failure shall continue for a period of twenty (20) days after written notice thereof to Subtenant by Sublandlord, provided, however, that such period of time shall be extended to that period of time necessary to effectuate a cure if Subtenant commences to cure such default within such twenty (20) day period and is diligently attempting to complete such cure; (c) any default under the Prime Lease occurs which results, directly or indirectly, from the failure of Subtenant to perform any obligation of Subtenant under this Sublease, including without limitation any obligation of the “Tenant” under those provisions of the Prime Lease incorporated in this Sublease; (d) any termination of the Prime Lease occurs that results from any act or omission of Subtenant, its employees or agents; (e) any assignment, sublease, encumbrance or other transfer of this Sublease, or any interest therein, by Subtenant, whether voluntarily, by judgment, or other means, except a Permitted Transfer, without the prior written consent of Sublandlord and Prime Landlord (f) Subtenant becomes insolvent or bankrupt or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or applies for or consents to the appointment of a trustee or receiver for Subtenant or for the major part of its property; (g) a trustee or receiver is appointed for Subtenant or for the major part of its property and is not discharged within 30 days after such appointment; (h) bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings for relief under any bankruptcy law, or similar law for relief of debtors, are instituted by or against Subtenant, if not dismissed within thirty (30) days, then and in any of such events (each an “Event of Default”), Sublandlord shall have all rights and remedies at law or in equity against Subtenant; and in addition thereto, Sublandlord shall have all rights and remedies against Subtenant for an Event of Default that Prime Landlord has under the Prime Lease for the occurrence of a Default (as defined in the Prime Lease) by Sublandlord as Tenant thereunder. If Sublandlord is entitled to possession of the Sublease Premises pursuant to any provision hereof, Sublandlord, without notice to quit or reenter, may reenter and take possession of the Sublease Premises, or any part thereof, and repossess the same as of Sublandlord’s former estate and expel Subtenant and those claiming through or under Subtenant and remove the effects of both or either, by summary proceedings, or by action at law or in equity or by force (if necessary) or otherwise, without being deemed guilty of trespass and without prejudice to any other remedy for default hereunder.

Default of Subtenant. If (a) Subtenant shall (i) fail to pay any monthly installment of Monthly Base Rent or any installment of Additional Rent provided herein when or shall fail to timely make any other payment required by the terms and provisions of this Sublease (although no legal or formal demand has been made therefor) and such default continues for five (5) days after the date that such payment is due and said failure shall continue for three payable, or (3ii) days following written notice and demand to pay; (b) Subtenant shall violate or fail to perform any of the other terms, conditions, covenants or agreements herein made by Subtenant and such violation or failure shall continue default continues for a period of twenty ten (2010) days after delivery of written notice thereof to Subtenant by Sublandlord, provided, however, that such period of time shall be extended to that period of time necessary to effectuate a cure if Subtenant commences to cure such default within such twenty (20) day period and is diligently attempting to complete such cure; (c) any default under the Prime Lease occurs which results, directly Tenant or indirectly, from the failure of Subtenant to perform any obligation of Subtenant under this Sublease, including without limitation any obligation of the “Tenant” under those provisions of the Prime Lease incorporated in this Sublease; (d) any termination of the Prime Lease occurs that results from any act or omission of Subtenant, its employees or agents; (eiii) any assignment, sublease, encumbrance abandon or other transfer of this Subleasevacate the Subleased Premises, or any interest therein, by Subtenant, whether voluntarily, by judgment, (iv) make or other means, except a Permitted Transfer, without the prior written consent of Sublandlord and Prime Landlord (f) Subtenant becomes insolvent or bankrupt or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors or a common law composition of creditors, or applies for a receiver of Subtenant's assets is appointed, or consents Subtenant files a voluntary petition in any bankruptcy or insolvency proceeding, or an involuntary petition in any bankruptcy or insolvency proceeding si filed against Subtenant and not discharged by Subtenant within 30 days, or Subtenant is adjudicated a bankruptcy, or (v) default under the terms, covenants and conditions of the Lease which Subtenant is required to perform or observe pursuant to the appointment terms of a trustee or receiver for Subtenant or for this Sublease and the major part expiration of its property; (g) a trustee or receiver is appointed for Subtenant or for any applicable notice and/or cure period provided under the major part of its property and is not discharged within 30 days after such appointment; (h) bankruptcyLease, reorganizationthen, arrangement, insolvency or liquidation proceedings, or other proceedings for relief under any bankruptcy law, or similar law for relief of debtors, are instituted by or against Subtenant, if not dismissed within thirty (30) days, then and in any of said events, this Sublease, at the option of Tenant, shall cease and terminate, and Tenant shall provide notice to quit and Tenant may proceed to recover possession under and by virtue of the provisions of the laws of the Commonwealth of Virginia or by such events (each an “Event of Default”)other proceedings, Sublandlord including re-entry and possession, as may be applicable, and Tenant shall have further be entitled to recover all damages from Subtenant and to pursue any other rights and remedies at law or in equity against which may be available to Tenant as a result of such default by Subtenant; and in addition thereto. All rights, Sublandlord shall have all rights powers and remedies against Subtenant for an Event of Default that Prime Landlord has under the Prime Lease for the occurrence of a Default (as defined in the Prime Lease) by Sublandlord as Tenant thereunder. If Sublandlord is entitled to possession of the Sublease Premises pursuant to any provision hereof, Sublandlord, without notice to quit or reenter, may reenter and take possession of the Sublease Premises, or any part thereofshall be cumulative, and repossess the same as exercise of Sublandlord’s former estate and expel Subtenant and those claiming through any one or under Subtenant and remove the effects more of both such rights or either, by summary proceedings, or by action at law or in equity or by force (if necessary) or otherwise, without being deemed guilty of trespass and without prejudice remedies shall not impair Tenant's right to exercise any other remedy for default hereunderright or remedy, either concurrently or at a later time.

Default of Subtenant. If An Event of Default shall occur under this Sublease (a) if Subtenant shall fail to pay any installment of Monthly Base Rent Annual Rent, Additional Rent, or Additional Rent provided herein when due and said failure shall continue for three other sums under this Sublease within five (35) days following after Subtenant's receipt of written notice and demand to payof Sublandlord's non-receipt thereof; (b) if Subtenant shall violate breach or fail to observe or perform any of the other covenants, conditions, covenants or obligations and agreements herein made by of Subtenant under this Sublease (other than those described in Paragraph 11(a) hereof), and such violation or failure shall continue for a period of twenty and not be remedied within ten (2010) business days after Subtenant's receipt of written notice thereof to Subtenant by from DRI or Sublandlord, provided, however, that if a default is not, with due diligence and/or the payment of money, reasonably capable of being cured within such period of time ten (10) business day period, then Sublandlord shall not be extended entitled to that period of time necessary to effectuate a cure exercise its remedies hereunder if Subtenant commences to cure curing such default within such twenty said ten (2010) business day period and thereafter continues to prosecute diligently the completion of such cure within such longer period as is diligently attempting reasonably necessary under the circumstances, which period for completion of the curing of such default shall not in any event be after the time which would cause Sublandlord to complete such curebe in default or would subject the Sublandlord to liability under the Master Lease; (c) if Subtenant files (or has filed against it and not stayed or vacated within sixty (60) days after filing) any default petition or action for relief under the Prime Lease occurs which resultsany creditor's law (including bankruptcy, directly reorganization, or indirectlysimilar action), from the failure of Subtenant to perform any obligation of Subtenant under this Sublease, including without limitation any obligation of the “Tenant” under those provisions of the Prime Lease incorporated either in this Subleasestate or federal court; (d) if Subtenant or Guarantor makes any termination transfer in fraud of the Prime Lease occurs that results from any act creditors as defined in Sectxxx 000 xx xxx Xxxxxx Xxxxxx Xxxkruptcy Code (11 U.S.C. 548, as amended or omission of Subtenant, replaced) or has a receiver appointed for its employees assets (and such appointment shall not have been stayed or agentsvacated within thirty (30) days); (e) if Subtenant permits the issuance, perfection or recordation of any assignmentmechanic's lien as an encumbrance against title to the Building or the Subleased Premises on account of any repairs or improvements constructed by or on behalf of Subtenant and Subtenant shall not, subleasewithin thirty (30) days after receipt of written notice of such lien, encumbrance cause said lien to be removed or other transfer of this Sublease, bonded off; or any interest therein, by Subtenant, whether voluntarily, by judgment, or other means, except a Permitted Transfer, without the prior written consent of Sublandlord and Prime Landlord (f) if Subtenant becomes insolvent or bankrupt or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors. In addition to any other lawful right or remedies which it may have, or applies for or consents Sublandlord may do the following: (i) terminate this Sublease by written notice to the appointment Subtenant specifying a date therefor, which shall be no sooner than five (5) days following receipt of a trustee or receiver for Subtenant or for the major part of its property; (g) a trustee or receiver is appointed for Subtenant or for the major part of its property and is not discharged within 30 days after such appointment; (h) bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings for relief under any bankruptcy law, or similar law for relief of debtors, are instituted notice by or against Subtenant, and this Sublease shall then terminate on the date so specified; or (ii) repossess the Subleased Premises, and with or without terminating this Sublease, relet the same at such amount as Sublandlord desires, in its sole and absolute discretion, and if not dismissed within thirty (30) daysthe amount for which the Subleased Premises are relet is less than the Annual Rent, then Additional Rent and all other obligations of Subtenant to Sublandlord hereunder, Subtenant shall immediately pay the difference, on demand, to Sublandlord, but if in excess of Annual Rent, Additional Rent and all other obligations of Subtenant hereunder, the entire amount obtained from such reletting shall belong to Sublandlord, free of any claim of Subtenant thereto, except that any such events (each excess shall reduce any accrued present or future obligations of Subtenant under this Sublease. Upon the occurrence of an “Event of Default”), all expenses of Sublandlord in repairing, restoring, or altering the Subleased Premises for reletting as general office space or telecommunications co-location space, together with leasing fees and all other expenses in seeking and obtaining a new tenant, shall have all be charged to and be a liability of Subtenant. Sublandlord's attorneys' fees and costs in pursuing any of the foregoing remedies, or in collecting any Annual Rent or Additional Rent due by Subtenant hereunder, shall be paid by Subtenant. Subtenant further agrees that Sublandlord may obtain an order for unlawful detainer from any court of competent jurisdiction without prejudice to Sublandlord's rights to otherwise collect rents from Subtenant. All rights and remedies of Sublandlord are cumulative, and the exercise of any one shall not be an election excluding Sublandlord at law any other time from exercising a different or in equity against Subtenant; and in addition thereto, inconsistent remedy. No exercise by Sublandlord of any right or remedy granted herein shall constitute or effect a termination of this Sublease unless Sublandlord shall have all rights so elect by written notice delivered to Subtenant. Sublandlord's delay in asserting or prosecuting any right, claim or cause of action accruing hereunder is not and remedies against Subtenant for an Event of Default that Prime Landlord has under shall not be deemed to be a waiver of, and shall not prejudice the Prime Lease for the occurrence of a Default (as defined in the Prime Lease) by Sublandlord as Tenant thereunder. If Sublandlord is entitled to possession of the Sublease Premises pursuant to any provision hereof, Sublandlord, without notice to quit or reenter, may reenter and take possession of the Sublease Premisessame, or any part thereofother right, claim or cause of action, accruing hereunder at any time. No waiver by Sublandlord of any covenant or condition shall be deemed to imply or constitute a further waiver of the same at a later time, and repossess acceptance of Annual Rent or Additional Rent by Sublandlord, even with knowledge of a default by Subtenant, shall not constitute a waiver of such default. No acceptance by Sublandlord of a lesser sum than the same as Annual Rent, late charges, Additional Rent, Interest or other sums then due shall be deemed to be other than on account of Sublandlord’s former estate the earliest installment of such payments due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and expel Subtenant satisfaction, and those claiming through Sublandlord may accept such check or under Subtenant and remove the effects of both or either, by summary proceedings, or by action at law or in equity or by force (if necessary) or otherwise, without being deemed guilty of trespass and payment without prejudice to Sublandlord's right to recover the balance of such installment or to pursue any other remedy for default hereunderin this Sublease provided.

Default of Subtenant. If (a) This Sublease shall, at the option of Sublandlord, cease and terminate if (i) Subtenant shall fail fails to pay rent to the Sublandlord when due, including, inter alia, any installment of Monthly Base Rent or Additional the Deferred Minimum Rent provided herein when due (if any), or any sums, charges, expenses and said costs of any kind or nature identified in this Sublease as additional rent, although no legal or formal demand has been made, and such failure shall continue to pay rent continues for three a period of five (35) days following after written notice and demand addressed to paySubtenant has been delivered by Sublandlord to the Subleased Premises; or (bii) Subtenant shall violate violates or fail fails to perform any of the other conditions, covenants or agreements herein of this Sublease made by Subtenant Subtenant, and such any violation or failure shall continue to perform any of those conditions, covenants or agreements continues for a period of twenty ten (2010) days after written notice thereof has been delivered by Sublandlord to Subtenant by SublandlordSubtenant, providedor, however, that such period of time shall be extended to that period of time necessary to effectuate a cure if Subtenant commences to cure such default within such twenty (20) day period and is diligently attempting to complete such cure; (c) any default under in cases where the Prime Lease occurs which results, directly violation or indirectly, from the failure of Subtenant to perform any obligation of Subtenant under this Sublease, including without limitation any obligation of the “Tenant” under those provisions of the Prime Lease incorporated in this Sublease; cannot be corrected within ten (d) any termination of the Prime Lease occurs that results from any act or omission of Subtenant, its employees or agents; (e) any assignment, sublease, encumbrance or other transfer of this Sublease, or any interest therein, by Subtenant, whether voluntarily, by judgment, or other means, except a Permitted Transfer, without the prior written consent of Sublandlord and Prime Landlord (f) Subtenant becomes insolvent or bankrupt or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or applies for or consents to the appointment of a trustee or receiver for Subtenant or for the major part of its property; (g) a trustee or receiver is appointed for Subtenant or for the major part of its property and is not discharged within 30 days after such appointment; (h) bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other proceedings for relief under any bankruptcy law, or similar law for relief of debtors, are instituted by or against Subtenant, if not dismissed within thirty (3010) days, then Subtenant does not begin to correct the violation or failure to perform within ten (10) days after receiving Sublandlord’s written notice and/or Subtenant thereafter does not diligently pursue the correction of the violation or failure to perform; or (iii) Subtenant vacates or abandons the Subleased Premises (Subtenant failures and actions described in any of such events the foregoing items (i), (ii) and (iii) being hereinafter referred to, in each case, as an “Event of Default”). Any said violation or failure to perform or to pay any rent, if left uncorrected, shall operate as a notice to quit, any further notice to quit or notice of Sublandlord’s intention to re-enter being hereby expressly waived. Sublandlord may thereafter proceed to recover possession under and by virtue of the provisions of the laws of the jurisdiction in which the Building is located or by such other proceedings, including re-entry and possession, as may be applicable. If Sublandlord elects to terminate this Sublease, everything herein contained on the part of Sublandlord to be done and performed shall have cease without prejudice to the right of Sublandlord to recover from Subtenant all rights rent accruing up to and remedies at law through the date of termination of this Sublease or in equity against Subtenant; and in addition theretothe date of recovery of possession of the Subleased Premises by Sublandlord, Sublandlord shall have all rights and remedies against Subtenant for whichever is later. Should this Sublease be terminated before the expiration of the Term of this Sublease by reason of an Event of Default that Prime Landlord has as hereinabove provided, or if Subtenant abandons or vacates the Subleased Premises before the expiration or termination of the Term of this Sublease, the Subleased Premises may be relet by Sublandlord for such rent and upon such terms as are not unreasonable under the Prime Lease circumstances, and, if the full rent hereinabove provided is not realized by Sublandlord, Subtenant shall be liable for all damages sustained by Sublandlord, including, without limitation, deficiency in rent, reasonable attorneys’ fees, brokerage fees, and expenses of placing the occurrence Subleased Premises in first-class rentable condition as necessary to accomplish re-letting. Any damage or loss of a Default (as defined in the Prime Lease) rent sustained by Sublandlord as Tenant thereunder. If Sublandlord is entitled (including any deficiency between the rent reserved pursuant to possession the reletting and the rent reserved under this Sublease, accelerated to the date of reletting) may be recovered by Sublandlord, at Sublandlord’s option, at the time of the Sublease Premises pursuant reletting, or in separate actions, from time to any provision hereoftime, as said damage shall have been made more easily ascertainable by successive relettings, or, at Sublandlord, without notice to quit or reenter’s option, may reenter and take possession be deferred until the expiration of the Sublease PremisesTerm of this Sublease, or in which event the cause of action shall not be deemed to have accrued until the date of expiration of said Term. The provisions contained in this Section 18 shall be in addition to and shall not prevent the enforcement of any part thereof, and repossess claim Sublandlord may have against Subtenant for anticipatory breach of the same as unexpired Term of Sublandlord’s former estate and expel Subtenant and those claiming through or under Subtenant and remove the effects of both or either, by summary proceedings, or by action at law or in equity or by force (if necessary) or otherwise, without being deemed guilty of trespass and without prejudice to any other remedy for default hereunderthis Sublease.