Common use of Defaults by Sublessee Clause in Contracts

Defaults by Sublessee. A. In the event that Sublessee shall default in the payment of Base Rent or Additional Rent hereunder, or default in the performance or observance of any of the terms, conditions and covenants of this Sublease, Sublessor, in addition to and not in limitation of any rights otherwise available to it, shall have the same rights and remedies with respect to such default as are provided to Lessor under the Master Lease with respect to defaults by Lessee thereunder, with the same force and effect as though all such provisions relating to any such default or defaults were herein set forth in full, and Sublessee shall have all of the obligations of Lessee under the Master Lease with respect to such default. B. Sublessor may cure such default for the account of Sublessee, and any amount paid or incurred by Sublessor in so doing shall be deemed paid or incurred for the account of Sublessee and Sublessee agrees to reimburse Sublessor therefor and save Sublessor harmless therefrom; provided, that Sublessor may cure any such default as aforesaid prior to the expiration of any waiting period if reasonably necessary to protect Sublessor's interests under the Master Lease or to prevent injury or damage to persons or property. If Sublessee shall fail to reimburse Sublessor upon demand for any amount paid for the account of Sublessee hereunder, said amount shall be added to and become due as a part of the next payment of Base Rent due hereunder. C. Notwithstanding anything to the contrary herein contained, for the purpose of determining the occurrence of events of default hereunder, the periods of thirty (30) days and ninety (90) days set forth in Section 18 of the Master Lease shall be twenty-five (25) days and sixty (60) days, respectively.

Appears in 1 contract

Samples: Sublease (Giga Information Group Inc)

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Defaults by Sublessee. A. In the event that Sublessee shall default in the payment of Base Basic Rent or Additional Rent hereunder, or default in the performance or observance of any of the terms, conditions and covenants of this Sublease, Sublessor, in addition to and not in limitation of any rights otherwise available to it, shall have the same rights and remedies with respect to such default as are provided to Lessor Landlord under the Master Lease with respect to defaults by Lessee Tenant thereunder, with the same force and effect as though all such provisions relating to any such default or defaults were herein set forth in full, and Sublessee shall have all of the obligations of Lessee Tenant under the Master Lease with respect to such default. B. Sublessor may cure such default for the account of Sublessee, and any amount paid or incurred by Sublessor in so doing shall be deemed paid or incurred for the account of Sublessee and Sublessee agrees to reimburse Sublessor therefor and save Sublessor harmless therefrom; provided, that Sublessor may cure any such default as aforesaid prior to the expiration of any waiting period if reasonably necessary to protect Sublessor's interests under the Master Lease or to prevent injury or damage to persons or property. If Sublessee shall fail to reimburse Sublessor upon demand for any amount paid for the account of Sublessee hereunder, said amount shall be added to and become due as a part of the next payment of Base Basic Rent due hereunder. C. Notwithstanding anything to the contrary herein contained, for the purpose of determining the occurrence of events of default hereunder, the periods of ten (10) days and thirty (30) days and ninety (90) days set forth in Section 18 Article XIII of the Master Lease shall be twenty-five (255) days and sixty fifteen (6015) days, respectively.

Appears in 1 contract

Samples: Sublease (Genomic Solutions Inc)

Defaults by Sublessee. A. In the event that If Sublessee shall default in at any time during the payment of Base Rent or Additional Rent hereunder, or default in the performance or observance of Term fail to perform any of the termsobligations, conditions and or covenants of Sublessee under this SubleaseSublease (including under the Master Lease as incorporated herein), SublessorSublessor shall give Sublessee written notice of default to the extent such notice is required under the terms of this Sublease or of the Master Lease which are incorporated herein by reference. If such default shall not be cured within the cure period, in addition to and not in limitation of any rights otherwise available to itif any, shall have the same rights and remedies with respect to such default as are provided set forth in this Sublease or the Master Lease and incorporated herein, (a) Sublessor shall have all rights and remedies available at law, in equity or available to Lessor Landlord under the Master Lease with respect to defaults by Lessee thereunder, with the same force and effect as though all against Sublessor if Sublessor had committed such provisions relating to any such default or defaults were herein set forth in full, and Sublessee shall have all of the obligations of Lessee breach under the Master Lease with respect to such default. B. Sublessor may cure such default for the account of SublesseeLease, and any amount paid or incurred by (b) Sublessor in so doing shall be deemed paid or incurred for have the account of Sublessee and Sublessee agrees right, but not the obligation, to reimburse Sublessor therefor and save Sublessor harmless therefrom; provided, that Sublessor may cure immediately perform any such default as aforesaid prior to the expiration of any waiting period if reasonably necessary obligation, condition or covenant in order to protect Sublessor's interests under ’s leasehold interest. In the Master Lease event Sublessor suffers any reasonable and actual out-of-pocket cost or to prevent injury or damage to persons or property. If expense as a result of such performance, Sublessee shall fail to reimburse Sublessor upon demand for any amount paid for the account of Sublessee hereunder, said amount shall be added to and become due as a part of the next payment of Base Rent due hereunder. C. Notwithstanding anything to the contrary herein contained, for the purpose of determining the occurrence of events of default hereunder, the periods of within thirty (30) days and ninety following Sublessee’s receipt of notice for all such cost or expense, together with interest at the rate of ten percent (9010%) days set forth in Section 18 per annum from the date of Sublessee’s receipt of such notice to the Master Lease shall be twenty-five (25) days and sixty (60) days, respectivelydate of reimbursement by Sublessee.

Appears in 1 contract

Samples: Sublease (Rubicon Project, Inc.)

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Defaults by Sublessee. A. In the event that Sublessee shall default in the payment of Base Basic Rent or Additional Rent hereunder, or default in the performance or observance of any of the terms, conditions and covenants of this Sublease, Sublessor, in addition to and not in limitation of any rights otherwise available to it, shall have the same rights and remedies with respect to such default as are provided to Lessor Landlord under the Master Lease with respect to defaults by Lessee Tenant thereunder, with the same force and effect as though all such provisions relating to any such default or defaults were herein set forth in full, and Sublessee shall have all of the obligations of Lessee Tenant under the Master Lease with respect to such default. In addition to and not in limitation of the aforementioned rights and remedies, upon any material default by Sublessee, Sublessor may terminate this Sublease by giving a written notice of termination to Sublessee specifying a date, not less than ten (10) days from the date of giving such notice, on which this Sublease shall terminate, if by such date Sublessee has not cured its default or, if such default cannot be cured within the ten day period, Sublessee has not commenced to cure such default and diligently continues to pursue such cure, and on such date the term of this Sublease shall expire and terminate by limitation and all rights of Sublessee under the Sublease shall cease. B. Sublessor may cure such default for the account of Sublessee, and any amount paid or incurred by Sublessor in so doing shall be deemed paid or incurred for the account of Sublessee and Sublessee agrees to reimburse Sublessor therefor and save Sublessor harmless therefrom; provided, that Sublessor may cure any such default as aforesaid prior to the expiration of any waiting period if reasonably necessary to protect Sublessor's interests under the Master Lease or to prevent injury or damage to persons or property. If Sublessee shall fail to reimburse Sublessor upon demand for any amount paid for the account of Sublessee hereunder, said amount shall be added to and become due as a part of the next payment of Base Basic Rent due hereunder. C. Notwithstanding anything to the contrary herein contained, for the purpose of determining the occurrence of events of default hereunder, the periods of ten (10) days and thirty (30) days and ninety (90) days set forth in Section 18 Article IX of the Master Lease shall be twenty-five seven (257) days and sixty twenty (6020) days, respectively.

Appears in 1 contract

Samples: Sublease (Lightbridge Inc)

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