Sublandlord’s Default. Subject to the terms of Section 6.10 below, if at any time during the Term, Sublandlord shall default or fail to perform any of its obligations under the Master Lease or this Sublease, upon written notice from Subtenant, Sublandlord shall immediately cure such failure. For purposes of this Sublease, Sublandlord shall not be deemed to be in default hereunder unless and until Subtenant shall first deliver to Sublandlord ten (10) days’ prior written notice, and Sublandlord shall fail to cure said default within said ten (10) day period, or if it is impractical to cure the default within such 10-day period, Sublandlord shall commence to cure the default within such 10-day period and thereafter diligently pursues such cure to completion and completes the cure within thirty (30) days in the aggregate. Thereafter, if Sublandlord fails to cure the default, Subtenant shall elect, as its sole and exclusive remedy, to either (a) pursue any and all remedies available to it at law or in equity, provided that in no event shall Subtenant be entitled to receive more than its actual direct damages, or (b) with respect only to matters which require repair within the interior of the Sublet Portion and service and/or impact only the Sublet Portion and are not otherwise structural in nature or part of the Building common systems, exercise self-help and cure any such breach or default on behalf of Sublandlord, in which case Sublandlord shall pay Subtenant for all the actual costs incurred by Subtenant to cure such Sublandlord default (as evidenced by bills and invoices in detail reasonably satisfactory to Sublandlord) within thirty (30) days of written notice to Sublandlord of such amount and delivery of bills and invoices in form and detail reasonably satisfactory to Sublandlord.
Sublandlord’s Default. Sublandlord shall in no event be in default in the performance of any of Sublandlord’s obligations hereunder unless and until Sublandlord shall have failed to perform such obligations within thirty (30) days, or such additional time as is reasonably required to correct any such default, after written notice by Subtenant to Sublandlord specifying wherein Sublandlord has failed to perform any such obligations.
Sublandlord’s Default. In the event of a default by Sublandlord, Sublandlord shall commence promptly to cure, and diligently pursue to cure, such default immediately upon receipt of written notice from Subtenant specifying the nature of such default, and in any event such cure shall commence within ten (10) days from the date Subtenant delivers written notice of an alleged breach, and Sublandlord shall complete such cure within a commercially reasonable period of time. In the event Sublandlord does not cure a default within a commercially reasonable period of time, Subtenant may seek any remedy available at law or in equity.
Sublandlord’s Default. Sublandlord shall not in any circumstances be deemed to be in default under this Lease unless and until such default shall have continued uncured after Subtenant has given written notice of such default to Sublandlord, specifying the nature of such default, for a period of thirty (30) days, or for such longer period of time as may be reasonably necessary to cure the same. In the event of Sublandlord’s default and termination of this Lease, then Sublandlord shall return all Xxxxxxx Money Deposit, if any.
Sublandlord’s Default. In the event of Sublandlord's default pursuant to the terms of the Prime Lease, Prime Landlord shall have the right to collect the rent to be paid by Subtenant to Sublandlord pursuant to the terms hereof directly from Subtenant as provided in Section 16.17 of the Prime Lease.
Sublandlord’s Default. If Sublandlord defaults in the performance of any of the terms, covenants and conditions of this Sublease or breaches any representation or warranty contained in this Sublease, Subtenant shall promptly notify Sublandlord in writing. If Sublandlord fails to cure such default or breach within thirty (30) days after receipt of such notice, or if the default or breach is of such character as to require more than thirty (30) days to cure and Sublandlord fails to commence to cure within thirty (30) days after receipt of such notice and thereafter diligently proceed to cure such default within sixty (60) days then, in either such event Subtenant, at its option and to the extent permitted by the law of the jurisdiction in which the Premises are located, may do the following:
A. Cure such default and setoff or deduct any expense so incurred from the Rent or other amounts due;
B. Cancel and terminate this Sublease; and/or
C. Pursue any and all remedies available at law or in equity, including bringing an action against Sublandlord for actual damages and attorneys’ fees. Failure by Sublandlord to reimburse any overpayments by Subtenant of Rent or other charges, within twenty (20) days after receipt by Sublandlord of notice of such overpayment and documentation evidencing same, shall constitute a default by Sublandlord hereunder.
Sublandlord’s Default. “Events of Default by Sublandlord” under this Sublease shall be (i) if Sublandlord shall fail in any material respect to comply with any material provision of this Sublease, and Sublandlord shall not cure such failure within fifteen (15) days after written notice thereof to Sublandlord; provided, however, that if the default cannot reasonably be cured within such fifteen (15) day period, Sublandlord shall not be in default of this Sublease if Sublandlord commences to cure the default within the fifteen (15) day period and thereafter diligently, continuously and in good faith continues to cure the default: or (ii) if Sublandlord shall fail in any material respect to comply with any material provision of the Master Lease in its capacity as tenant thereunder (provided such obligation is not passed through to Subtenant by the terms and conditions of this Sublease and such failure is not due to Subtenant’s failure to fulfill such obligation), and Sublandlord shall not commence and cure such failure as required by the terms of the Master Lease; or (iii) an Event of Default on the part of Sublandlord shall occur under the Master Lease arising from an obligation that is not passed through to Subtenant by the terms and conditions of this Sublease; or (iv) if any representation or warranty on the part of Sublandlord hereunder shall be determined to have been false in a material and adverse respect when made.
Sublandlord’s Default. In the event of Sublandlord's failure to perform any of its covenants or agreements under this Sublease, Subtenant shall give Sublandlord written notice of such failure and shall give Sublandlord thirty (30) days to cure or to commence to cure such failure prior to any claim for breach or for damages resulting from such failure, provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period Sublandlord shall not be deemed to be in default if Sublandlord shall within such period commence such cure and thereafter diligently prosecute the same to completion. If Sublandlord fails to perform Sublandlord's obligations under this Sublease, Subtenant shall after thirty (30) days prior written notice to Sublandlord (except in the case of emergency, in which case no notice shall be required), have the right (but not the obligation) to perform such obligation on Sublandlord's behalf and the cost thereof shall be due and payable to Subtenant within thirty (30) days after notice thereof.
Sublandlord’s Default. IfSublandlord shall be in default in the performance of or compliance with any of the agreements, terms, covenants or conditions in this Sublease for a period of twenty (20) days after notice from Subtenant to Sublandlord specifying the items in default, or in the case of a default which cannot, with due diligence, be cured within said twenty
Sublandlord’s Default. If Sublandlord voluntarily terminates the Prime Lease for reasons other than due to destruction and damage of the Premises (Section 22(b) of the Prime Lease) or to condemnation (Section 23 of the Prime Lease), and Prime Landlord does not consent to a direct lease with Subtenant upon all of the terms and conditions of this Sublease, such voluntary termination shall be deemed a default under this Sublease, and Subtenant shall be entitled to indemnification (expressly excluding injunctive relief) from Sublandlord with respect thereto pursuant to the provisions of Paragraph 5 of this Sublease.
