Sublandlord Default. Sublandlord shall be in default hereunder only if Sublandlord has not commenced and pursued with reasonable diligence the cure of any failure of Sublandlord to meet its obligations hereunder within thirty (30) days after the receipt by Sublandlord of written notice from Subtenant of the alleged failure to perform in strict accordance with Section 17. Failure to provide the requisite notice and cure period by Subtenant under this paragraph shall be an absolute defense by Sublandlord against any claims, counterclaims or defenses of Subtenant based on the alleged failure by Sublandlord to perform any of its obligations.
Sublandlord Default. In the event Sublandlord fails to perform any of its obligations under this Sublease and (except in case of emergency posing an immediate threat to persons or property, in which case no prior notice shall be required) fails to cure such default within thirty (30) days after written notice from Subtenant specifying the nature of such default where such default could reasonably be cured within said thirty (30) day period, or fails to commence such cure within said thirty (30) day period and thereafter continuously with due diligence prosecute such cure to completion where such default could not reasonably be cured within said thirty (30) day period, then Subtenant may: (i) proceed in equity or at law to compel Sublandlord to perform its obligations and/or to recover damages proximately caused by such failure to perform (except to the extent Subtenant has waived its right to damages resulting from injury to person or damage to property as provided herein); or (ii) cure any default of Sublandlord at Sublandlord's cost. If Subtenant at any time by reason of Sublandlord's default reasonably pays any sum or does any act that requires the payment of any sum, the sum paid by Subtenant shall be immediately due from Sublandlord to Subtenant at the time the sum is paid. Any and all rights and remedies herein created for Subtenant shall be cumulative and use of one remedy shall not be taken to exclude or waive the right to the use of another and Subtenant shall have the remedies available to Subtenant under applicable law.
Sublandlord Default. For purposes of this Sublease, Sublandlord shall not be deemed in default hereunder unless and until Subtenant shall first deliver to Sublandlord thirty (30) days’ prior written notice, and Sublandlord shall fail to cure said default within such thirty (30) day period, or in the event Sublandlord shall reasonably require in excess of thirty (30) days to cure such default, shall fail to commence said cure with such thirty (30)) day period, and thereafter diligently to prosecute the same to completion.
Sublandlord Default. Sublandlord shall be in default hereunder (a “Sublandlord Default”) if (a) Sublandlord has not commenced and pursued with reasonable diligence the cure of any failure of Sublandlord to meet its obligations hereunder within thirty (30) days after the receipt by Sublandlord of written notice from Subtenant, or (b) Sublandlord has not cured such failure to meet its obligations hereunder within ninety (90) days after the receipt by Sublandlord of written notice from Subtenant.
Sublandlord Default. Sublandlord will de deemed to be in default of this Sublease if Sublandlord fails to perform any obligation, covenant, condition or agreement under this Sublease within ten (10) days after receipt of Subtenant’s written notice or, if the failure is of a nature requiring more than 10 days to cure, then an additional sixty (60) days after the expiration of such 10-day period, but only if Sublandlord commences cure within such 10-day period and thereafter diligently pursues such cure to completion within such additional 60-day period; provided that, if Sublandlord has failed to perform any such obligation, covenant, condition or agreement more than two (2) times during the Sublease Term and written notice of such event of default has been given by Subtenant in each instance, then no cure period shall apply.
Sublandlord Default. In the event that Sublandlord defaults in keeping, observing, or performing any of the terms, provisions, covenants, and conditions contained in the Sublease, to be kept, observed or performed by Sublandlord, and such default is not cured (or proper corrective measures to cure such default commenced) by Sublandlord within thirty (30) days of written notice thereof from Subtenant to Sublandlord, Subtenant may give Sublandlord written notice of its intent to cure such default, and, then Subtenant may remedy such default and offset the cost of such cure against Rent or, if the default is of a type which materially interferes with Subtenant’s normal and intended use and operation, terminate the Sublease. Sublandlord agrees to send promptly to Subtenant any notice of a default by Sublandlord as tenant under the Primary Lease of which Sublandlord has notice.
Sublandlord Default. For purposes of this Sublease, Sublandlord shall not be deemed in default hereunder unless and until Subtenant shall first deliver to Sublandlord thirty (30) days’ prior written notice, and Sublandlord shall fail to cure said default within said thirty (30) day period, or in the event Sublandlord shall reasonably require in excess of thirty (30) days to cure said default, shall fail to commence said cure with said thirty (30) day period, and thereafter diligently prosecute the same to completion. If Sublandlord (a) does not commence performance within such thirty (30) calendar day period, or (b) fails to diligently commence and pursue such performance to completion, and the effect of such failure associated with such non-performance materially interferes with Subtenant’s use of the Subleased Premises, Subtenant may perform Sublandlord’s obligation, at Sublandlord’s expense (if the cost of such performance obligations are included in Base Rent), and Sublandlord shall reimburse Subtenant within thirty (30) days of Subtenant’s delivery to Sublandlord of written proof that such performance costs have been paid by Subtenant.
Sublandlord Default. Sublandlord shall not be deemed in default of this Sublease unless Sublandlord fails within a reasonable period of time to perform an obligation required to be performed by Sublandlord. For purposes of this Paragraph 18, a reasonable period of time shall in no event be less than thirty (30) days after receipt by Sublandlord of written notice specifying wherein such obligation of Sublandlord which has not been performed; provided, however, that if the nature of Sublandlord's obligation is such that more than thirty (30) days after such notice are reasonably required for its performance, then Sublandlord shall not be in default of this Sublease if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.
Sublandlord Default. Sublandlord shall not be in default in the performance of any obligation required to be performed by Sublandlord under this Sublease unless Sublandlord has failed to perform such obligation within five (5) days after written notice from Subtenant for a monetary default, and twenty (20) days after written notice from Subtenant for a non-monetary default, specifying in detail Sublandlord's failure to perform; provided however, that if the nature of Sublandlord's obligation is such that more than twenty (20) days are required for its performance, then Sublandlord shall not be deemed in default if it commences such performance within such twenty (20) day period and thereafter diligently pursues the same to completion. Upon any such uncured default by Sublandlord, Subtenant may exercise any of its rights provided in law or at equity; provided, however: (i) Subtenant shall have no right to offset or xxxxx rent in the event of any default by Sublandlord under this Sublease, except to the extent offset rights are specifically provided to Subtenant in this Sublease; (ii) Subtenant shall have no right to terminate this Sublease and shall attorn to Landlord as if Landlord were the sublandlord under this Sublease; (ii) Subtenant's rights and remedies hereunder shall be limited to the extent (a) Subtenant has expressly waived in this Sublease any of such rights or remedies and/or (b) this Sublease otherwise expressly limits Subtenant's rights or remedies; and
Sublandlord Default. Sublandlord shall be in default hereunder only if Sublandlord has not commenced and pursued with reasonable diligence the cure of any failure of Sublandlord to meet its obligations hereunder within twenty (20) business days after the receipt by Sublandlord of written notice from Subtenant. In no event shall Subtenant have the right to terminate or rescind this Sublease as a result of Sublandlord’s default as to any covenant or agreement contained in this Sublease. Subtenant hereby waives such remedies of termination and rescission and hereby agrees that Subtenant’s remedies for default hereunder and for breach of any promise or inducement shall be limited to a suit for damages and/or injunction.
