Common use of Sublandlord’s Remedies Clause in Contracts

Sublandlord’s Remedies. In the event of any default of Subtenant under this Sublease, Sublandlord may exercise all of the rights and remedies of “Master Landlord” under Paragraph 14 of the Master Lease, as well as enforcing Subtenant’s indemnification obligations under Paragraph 6 hereof. In addition to Sublandlord’s rights of self-help set forth elsewhere in this Sublease, if any, if Subtenant at any time fails to perform any of its non-monetary obligations under this Sublease within the applicable cure period following written notice from Sublandlord to Subtenant, then Sublandlord shall have the right, but not the obligation, upon giving Subtenant at lease five (5) additional business days’ prior written notice of its election to do so (in the event of any emergency no prior notice shall be required), to perform such obligations on behalf of and for the account of Subtenant and to take all such reasonable action to perform such obligations. In such event, Sublandlord’s reasonable and documented costs and expenses incurred therein shall be paid for by Subtenant within thirty (30) days of receipt of written invoice and documentation from Sublandlord, with interest thereon at ten percent (10%) per annum from the date due until the date of payment. The performance by Sublandlord of any obligation shall not constitute a release or waiver of Subtenant therefrom. Subtenant hereby waives any claim and releases Sublandlord and Sublandlord’s agents, contractors and employees from all liability for damage occasioned by any action taken pursuant to this Paragraph, except to the extent resulting from the negligence or willful misconduct of Sublandlord, its agents, employees or contractors.

Sublandlord’s Remedies. In Upon an Event of Default by Subtenant hereunder, Sublandlord, at its option, any time thereafter, may: Terminate this Sublease by written notice to Subtenant and, upon service of said notice, Subtenant shall immediately vacate the event Subleased Premises, and Sublandlord, in addition to its other remedies, may recover from Subtenant all damages incurred by Sublandlord as a result of such breach (all of which shall be immediately due and payable), including, but not limited to, (A) the cost of recovering possession of the Subleased Premises; (B) reasonable attorneys’ fees; (C) the unpaid amount of all monetary obligations payable under this Sublease which had been earned at the time of termination; and (D) the worth at the time of award of the amount by which the unpaid amount of all monetary obligations payable under this Sublease for the balance of the Term after the time of such award exceeds the amount of such loss for the same period that Subtenant proves could be reasonably avoided. Sublandlord shall be required to use reasonable efforts to mitigate its damages, but efforts by Sublandlord to mitigate damages caused by the default shall not waive Sublandlord’s right to recover all or any part thereof in a separate suit; Sublandlord may, without terminating the Sublease, re-enter and take possession of the Subleased Premises or any part thereof, without being liable for prosecution on account thereof or being deemed guilty of any default manner of trespass. Sublandlord reserves the right, following any reentry or reletting, to exercise its right to terminate this Sublease by giving Subtenant written notice thereof. No such reentry or taking possession of the Subleased Premises by Sublandlord shall be construed as an election by Sublandlord to terminate this Sublease unless a written notice of such intention is given to Subtenant. No notice from Sublandlord hereunder or under a forcible entry and detainer statute or similar law shall constitute an election by Sublandlord to terminate this SubleaseSublease unless such notice specifically so states. After recovering possession of the Subleased Premises, Sublandlord may, from time to time, but shall not be obligated to, relet the Subleased Premises, or any part thereof, for the account of Subtenant, for such term or terms and on such conditions and upon such other terms as Sublandlord, in its discretion, may exercise all determine; provided, however, that any reletting will be subject to the terms of the Prime Lease. Notwithstanding Sublandlord’s recovery of possession of the Subleased Premises, Subtenant shall continue to pay on the dates herein specified, the Rent and all additional amounts which would be payable hereunder if such repossession had not occurred, less a credit for the net amounts, if any, actually received by Sublandlord through any reletting of the Subleased Premises; and Upon a breach by Subtenant hereunder, Sublandlord shall also have all other rights available to it at law or in equity, including without limitation, seeking specific performance or injunctive relief, or performing Subtenant’s obligations hereunder and getting reimbursed the reasonable cost and expenses therefor upon demand. All rights and remedies of “Master Landlord” under Paragraph 14 Sublandlord herein created or otherwise existing at law or equity are cumulative and may be exercised concurrently, whenever and as often as deemed desirable, and the exercise of one shall not be taken to exclude or waive the Master Lease, as well as enforcing Subtenant’s indemnification obligations under Paragraph 6 hereof. In addition right to Sublandlord’s rights of self-help set forth elsewhere in this Sublease, if any, if Subtenant at any time fails to perform any of its non-monetary obligations under this Sublease within the applicable cure period following written notice from Sublandlord to Subtenant, then Sublandlord shall have the right, but not the obligation, upon giving Subtenant at lease five (5) additional business days’ prior written notice of its election to do so (in the event exercise of any emergency no prior notice shall be required), to perform such obligations on behalf of and for the account of Subtenant and to take all such reasonable action to perform such obligations. In such event, Sublandlord’s reasonable and documented costs and expenses incurred therein shall be paid for by Subtenant within thirty (30) days of receipt of written invoice and documentation from Sublandlord, with interest thereon at ten percent (10%) per annum from the date due until the date of payment. The performance by Sublandlord of any obligation shall not constitute a release or waiver of Subtenant therefrom. Subtenant hereby waives any claim and releases Sublandlord and Sublandlord’s agents, contractors and employees from all liability for damage occasioned by any action taken pursuant to this Paragraph, except to the extent resulting from the negligence or willful misconduct of Sublandlord, its agents, employees or contractorsother.

Sublandlord’s Remedies. (a) This Guaranty is an absolute, irrevocable, present and continuing guaranty of payment and performance and not merely a guaranty of collection. In the event of any default of by Subtenant under this the Sublease after the expiration of any cure period applicable thereto, Guarantor agrees, on demand by Landlord or Sublandlord, to pay and/or satisfy all Liabilities then due hereunder. In the event that there shall be any default by Subtenant in the due and timely performance and observance of the Liabilities or any of them after the expiration of any cure period applicable thereto, then, in such event, Guarantor agrees, on demand by Sublandlord or Landlord: (i) to perform the Liabilities; and (ii) to indemnify, defend, and hold harmless Sublandlord, Landlord and the other Indemnified Parties (hereinafter defined) from and against any and all loss, damage, cost, expense, injury and liability Sublandlord, Landlord or the Indemnified Parties may suffer or incur in connection with the exercise of Sublandlord’s or Landlord’s rights under the Sublease, Sublandlord may exercise all this Guaranty or otherwise in respect of the rights Premises. If Guarantor fails to commence and remedies of “Master Landlord” under Paragraph 14 pursue diligently the performance of the Master Lease, as well as enforcing Subtenant’s indemnification obligations under Paragraph 6 hereof. In addition to Sublandlord’s rights Liabilities after the expiration of self-help set forth elsewhere in this Sublease, if any, if Subtenant at any time fails to perform any of its non-monetary obligations under this Sublease within the applicable cure period following applicable thereto as provided in the immediately preceding sentence and such failure continues for three (3) days after receipt by Guarantor of written notice from Sublandlord to or Landlord demanding the performance of Guarantor, then either before or after pursuing any other remedy of Sublandlord or Landlord against Guarantor or Subtenant, then and regardless of whether Sublandlord or Landlord shall ever pursue any such other remedy, Sublandlord or Landlord, as the case may be, shall have the right, right (but not the obligation) to perform the Liabilities or to call upon any other reputable parties to perform the Liabilities, upon giving Subtenant at lease five (5) additional business days’ prior written notice and shall have the right to expend such sums as Landlord, in its reasonable discretion, deems proper in order so to complete the performance of its election to do so (in the event Liabilities. During the course of the performance of any emergency no prior notice shall be required)Liabilities undertaken by Sublandlord, to perform such obligations Landlord or any other party on behalf of Sublandlord or Landlord, Guarantor shall pay on demand any amounts due to third parties in connection therewith. All amounts required to be paid by the terms hereof and for all Liabilities required to be performed by the account of Subtenant and to take all such reasonable action to perform such obligations. In such event, Sublandlord’s reasonable and documented costs and expenses incurred therein terms hereof shall be paid for by Subtenant included within thirty (30) days of receipt of written invoice and documentation from Sublandlord, with interest thereon at ten percent (10%) per annum from the date due until the date of payment. The performance by Sublandlord of any obligation shall not constitute a release or waiver of Subtenant therefrom. Subtenant hereby waives any claim and releases Sublandlord and Sublandlord’s agents, contractors and employees from all liability for damage occasioned by any action taken pursuant to this Paragraph, except to the extent resulting from the negligence or willful misconduct of Sublandlord, its agents, employees or contractors.term “Liabilities”

Sublandlord’s Remedies. In the event of any If Subtenant shall default of Subtenant under this Sublease, Sublandlord may exercise all of the rights and remedies of “Master Landlord” under Paragraph 14 of the Master Lease, as well as enforcing Subtenant’s indemnification obligations under Paragraph 6 hereof. In addition to Sublandlord’s rights of self-help set forth elsewhere in this Sublease, if any, if Subtenant at any time fails to perform any of its non-monetary obligations under this Sublease within the applicable cure period following written notice from and such default shall entitle Sublandlord to Subtenantpossession of the Deacon Premises as hereinabove provided, then Sublandlord shall have the rightright to enter the Deacon Premises by any legal means, but not to remove Subtenant's property and effects, and to take and hold possession thereof, without terminating this Sublease or releasing Subtenant in whole or in part from Subtenant's obligations to pay rent and all of Subtenant's other obligations hereunder for the obligationfull term of this Sublease, upon giving Subtenant at lease five and to relet the Deacon Premises or any part thereof (5with the Landlord's consent) additional business days’ prior written notice of its election to do so (either in the event of any emergency no prior notice shall be required), to perform such obligations on behalf of and name or for the account of Subtenant, for such rent and for such term or terms as Sublandlord may see fit, which term may, at Sublandlord's option, extend beyond the balance of the term of this Sublease (but not beyond the term of the Master Lease without Landlord's consent). Sublandlord shall not be required to accept any tenant offered by Subtenant or to observe any instructions given by Subtenant about such reletting; however, Sublandlord may not unreasonably withhold its consent to a proposed sublease or assignment by Subtenant, although the failure of Landlord to consent to such a sublease or assignment shall constitute a reasonable basis for Sublandlord's refusal. Sublandlord shall use reasonable efforts to mitigate damages incurred by Subtenant's default; it being understood and agreed, however, that Sublandlord shall be under no obligation to relet a portion of the Deacon Premises prior to all of the Deacon Premises. In any such case, Sublandlord may make such repairs, alterations and additions in and to take all the Deacon Premises and redecorate the same as it sees fit, subject to the terms of the Master Lease. Subtenant shall pay Sublandlord any deficiency between the Rent and other charges hereby reserved and covenanted to be paid and the amount of the rents collected on such reasonable action to perform such obligationsreletting, for the balance of the term of this Sublease. In such event, Sublandlord’s reasonable Any deficiency in Rent and documented costs and expenses incurred therein other charges shall be paid for by Subtenant within thirty (30) days of receipt of written invoice and documentation from Sublandlordin monthly installments, with interest thereon at ten percent (10%) per annum from the date due until the date of payment. The performance upon statements rendered by Sublandlord to Subtenant. Any suit brought to collect the amount of the deficiency for any obligation one or more months shall not constitute preclude any subsequent suit to collect the deficiency for any subsequent months. In addition to all other rights, and remedies of Sublandlord under this Sublease, Subtenant agrees to indemnify Sublandlord for all costs, expenses and other amounts which Sublandlord is required to pay under the Master Lease as a release result of Subtenant's default under this Sublease or waiver of Subtenant therefrom. Subtenant hereby waives any claim and releases Sublandlord and Sublandlord’s agents, contractors and employees from all liability for damage occasioned by any action taken pursuant to this Paragraph, except to the extent resulting from the negligence or willful misconduct of Sublandlord, its agents, employees or contractorsMaster Lease.