Sublessor Default. For purposes of this Sublease, Sublessor shall not be deemed in default hereunder unless and until Sublessee shall first deliver to Sublessor thirty (30) days' prior written notice, and Sublessor shall fail to cure said default within said thirty (30) day period, or in the event Sublessor 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 to prosecute the same to completion.
Sublessor Default. If Sublessor shall fail to pay any sum of money required to be paid by it under the Master Lease, or shall fail to perform any other act on its part to be performed thereunder, and such failure could reasonably be expected to adversely impact Sublessee’s rights or use of the Subleased Premises and continues for five (5) Business Days after notice thereof by Sublessee, and Sublessor does not provide written notice to Sublessee that it disputes its obligation to perform such obligation (a “Sublessor Objection Notice”), Sublessee may, but shall not be obligated so to do, and without waiving or releasing Sublessor from any obligations of Sublessor, make any such payment or perform any such other act on Sublessor’s part to be made or performed as provided in the Master Lease. Notwithstanding the foregoing, Sublessor may only deliver a Sublessor Objection Notice with respect to any Sublessor obligation if Sublessor in good faith believes that Sublessor is not required to perform such obligation, and any Sublessor Objection Notice must set forth with reasonable particularity Sublessor’s reasons for its claim either that the applicable action did not need to be taken by Sublessor pursuant to this Sublease or the Master Lease or that Sublessee is not entitled to take such action on Sublessor’s behalf. If Sublessor delivers a Sublessor Objection Notice, Sublessee shall be entitled to seek equitable relief in any court of competent jurisdiction. Sublessor shall reimburse Sublessee for all reasonable costs incurred in connection with such payment or performance within thirty (30) days following demand. If not paid within ten (10) days following Sublessee’s delivery of written notice that such amounts are past due, Sublessee may offset unpaid amounts against future payments of Base Rent.
Sublessor Default. (a) If Sublessor breaches any covenant or agreement of this Sublease, then and in such event Sublessee shall have the remedies set forth in Article 21 of the Prime Lease as if Sublessee was the Tenant and Sublessor was the Landlord as those terms are used therein. The limitation of liability for Landlord contained in Article 21 of the Prime Lease shall not apply to this Sublease.
(b) To its knowledge, Sublessor represents and warrants to Sublessee that (i) neither Sublessor or Landlord is in breach of or in default under the Prime Lease and no event has occurred that, with notice and/or lapse of time, would constitute a breach or default by Sublessor or Prime Lessor under the Prime Lease, and (ii) a true, correct, and complete copy of the Prime Lease as in effect on the Effective Date is attached hereto as Exhibit “B”.
Sublessor Default. For purposes of this Sublease, Sublessor shall not be deemed in default hereunder unless and until Sublessee shall first deliver to Sublessor written notice of such default, and Sublessor shall fail to promptly cure said default or to commence to cure said default and thereafter diligently prosecute the same to completion
Sublessor Default. In the event that Sublessor defaults (through no fault of Sublessee) in the performance or observance of any of Sublessor's obligations under the Master Lease which obligations are not required to be performed by Sublessee hereunder or fails to perform Sublessor's stated obligations under this Sublease, then Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted, and if such default shall not be cured by Sublessor within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30) day period, this period shall be extended for an additional reasonable time; provided that Sublessor commences to cure such default within such thirty (30) day period and proceeds diligently thereafter to effect such cure as quickly as possible), then Sublessee shall be entitled to cure such default and promptly collect from Sublessor, Sublessee's reasonable expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs), or, at Sublessee's option, to offset such reasonable expenses against all future payments of rent and additional rent due under the Sublease.
Sublessor Default. Sublessor shall not be in default of any of its obligations hereunder unless and until Sublessor shall have failed to perform such obligations within thirty (30) days after written notice to Sublessor from Subtenant, specifically describing such failure. Anything in this Sublease to the contrary notwithstanding, Sublessor shall also be in default in the event of the filing of a petition by or against Sublessor under the Federal Bankruptcy Code or any state bankruptcy or insolvency law (unless, in the case of a petition filed against Sublessor, Sublessor contests such petition and obtains a dismissal thereof within sixty (60) days after filing); Sublessor making any general assignment for the benefit of its creditors; the appointment of a trustee for or receiver of Sublessor to take possession of the Subleased Premises or Sublessor's interest under the Sublease (unless Sublessor contests such appointment and obtains repossession of the same within sixty (60) days); or Sublessor's acknowledgement in writing that it is insolvent or generally unable to pay its obligations as they fall due.
Sublessor Default. In the event Sublessor defaults, due to no fault of Sublessee, in the performance of any of the terms, covenants, conditions, provisions and agreements of this Sublease or of the Underlying Lease, Sublessor covenants and agrees to indemnify Sublessee against and hold Sublesee harmless from any and all liability , loss, damage, suit, penalty, claim and demand of every kind and nature (including , without limitation, reasonable attorneys' fees) arising out of, by reason of, or resulting from Sublessor's failure to perform or observe and of the terms and conditions of this Sublease or of the Underlying Lease. If Sublessee is not in monetary default hereunder, and Sublessor fails to pay any Rent, Additional Rent or other charges due to Underlying Landlord under the Underlying Lease, Sublessee, may, but shall not be required to, pay said amounts to Underlying Landlord and deduct the same from future payments due to Sublessor and additionally may make all future payments due under this Sublease directly to Underlying Landlord.
Sublessor Default. In the event that the Sublessor shall breach its obligations under this Lease, the Sublessee shall give the Sublessor written notice and thirty (30) days to cure such default. In the event the Sublessor shall fail to cure such default within the thirty (30) day period, the Sublessee shall have the right to exercise any rights or remedies available in this Lease, at law or in equity unless such matter would take longer than thirty (30) days to cure and Sublessor is reasonably proceeding to cure the breach.
Sublessor Default. In the event that Sublessor is in default under the terms of the Prime Lease, Liberty agrees that it shall not exercise its remedies thereunder or terminate the Prime Lease until Liberty has given Sublessor and Sublessee notice of such default as set forth in the Prime Lease. If Sublessee performs Sublessor's obligations under the Prime Lease, Liberty agrees to accept performance by Sublessee. Liberty shall not terminate the Prime Lease so long as Sublessee and/or Sublessor performs the obligations of Sublessor under the Prime Lease. All amounts expended by Sublessee under this paragraph to cure a default of Sublessor under the Prime Lease shall be reimbursed by Sublessor within ten (10) days after written notice from Sublessee to Sublessor, and any amount not paid within such ten (10) day period may be deducted by Sublessee from the amounts due to Sublessor under this Sublease.
Sublessor Default. If Sublessor fails to pay to Sublessee when due any sum of money required to be paid by Sublessor to Sublessee pursuant to the terms of this Sublease (a “Sublessor Monetary Default”) and such failure continues for more than ten (10) business days after Sublessee gives Sublessor written notice of such failure, or if Sublessor fails to perform or observe or otherwise breaches any other term of this Sublease (each, a “Sublessor Performance Default”) and such failure shall continue for more than thirty (30) days after Sublessee gives Sublessor written notice of such failure, or, if such other failure cannot be corrected within such thirty (30) day period, if Sublessor does not commence to correct such default within such thirty (30) day period and thereafter diligently prosecute the correction of same to completion within a reasonable time, a “Sublessor Event of Default” shall exist under this Sublease. Upon the occurrence of a Sublessor Event of Default, Sublessee may at Sublessee’s option, exercise any rights provided in Section 25 above.
