Sublessor’s Default. If Sublessor shall be in default or shall fail or refuse to perform or comply with any of its obligations under this Sublease and shall continue in default for a period of thirty (30) days after Sublessee has given Sublessor written notice of such default and demand of performance, Sublessee may remedy the same and deduct the cost thereof from subsequent installments of rent or terminate the Sublease and recover from Sublessor any and all damages Sublessee may have incurred due to such default or failure. Upon any default by Sublessor under this Sublease, Sublessee may, except as otherwise specifically provided in this Sublease to the contrary, exercise any of its rights provided at law or in equity.
Sublessor’s Default. Except for the obligations of Sublessee hereunder, Sublessor covenants (i) to observe, comply and perform all of the terms, covenants, conditions and provisions of the Prime Lease to be observed and/or performed by Sublessor, including but not limited to the payment of base rent and additional rent under the Prime Lease, and (b) neither to do nor cause to be done any act or thing (other than the exercise of Sublessor’s rights hereunder) which would or might cause the Prime Lease or this Sublease or the rights of Sublessee hereunder to be canceled, terminated, forfeited or surrendered. If the Prime Landlord shall default in any of its obligations to Sublessor, Sublessee shall have the right in the name of Sublessor, if necessary, to enforce Sublessor’s rights against Prime Landlord under the Prime Lease provided that in so doing Sublessee does not create or allow a default under the Prime Lease and provided further that Sublessee keeps Sublessor apprised of Sublessee’s efforts to enforce Prime Landlord’s obligations to Sublessor under the Prime Lease which includes, without limitation, providing Sublessor with copies of any notices the Sublessee intends to send to Prime Landlord at least 48 hours prior to sending same. Sublessee shall not settle any dispute with Prime Landlord hereunder without Sublessor’s prior written consent which consent shall not be unreasonably withheld so long as such settlement does not modify the terms of the Prime Lease or increase any obligations or decrease any rights of Sublessor under the Prime Lease. Sublessor shall additionally cooperate with Sublessee, upon request by Sublessee and at Sublessee’s sole cost and expense, in enforcing Sublessor’s rights against Prime Landlord under the Prime Lease so long as such cooperation does not subject Sublessor to any cost or increase any obligations or decrease any rights of Sublessor under the Prime Lease. Sublessor will not be in default under this Sublease unless and until Sublessee has notified Sublessor in writing of Sublessor’s default and Sublessor has failed to cure such default within thirty (30) days, or such additional time as is reasonably required to correct any such default, after such notice by Sublessee. Notwithstanding anything to the contrary contained in this Sublease, Sublessee’s obligations under this Sublease are independent and shall not be conditioned upon performance by Sublessor. Upon the occurrence of a default by Sublessor, then (notwithstanding any license ...
Sublessor’s Default. Sublessor shall not be in default for failure to perform any of its Sublease obligations until after a period of thirty (30) days or the additional time, if any, that is reasonably necessary to promptly and diligently cure the failure after receiving notice from Sublessee, in writing and giving in reasonable detail the nature and extent of the failure and identifying the Sublease provisions(s) containing the obligations(s).
Sublessor’s Default. It is the express understanding and agreement of the parties and it is a condition of Sublessor’s agreement to execute this Sublease that, Sublessor shall not be in default under this Sublease unless Sublessor fails to perform obligations required of Sublessor within twenty (20) days after written notice by Sublessee to Sublessor, specifying wherein Sublessor has failed to perform such obligation; provided, however, that if the nature of Sublessor’s obligation is such that more than twenty (20) days are required for its cure, then Sublessor shall not be in default if Sublessor commences performance within such twenty (20) day period and thereafter diligently pursues the same to completion. Sublessee shall not assert any right to deduct the cost of repairs or any monetary claim against Sublessor from Rent thereafter due and payable, but shall look solely to Sublessor for satisfaction of the claim. Each of Sublessor and Sublessee hereby waives its right to recover consequential damages (including, but not limited to, lost profits) or punitive damages arising out of a default by the other party hereto. This Sublease and the obligations of Sublessee hereunder shall not be affected or impaired because Sublessor is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of force majeure, and the time for Sublessor’s performance shall be extended for the period of any such delay.
Sublessor’s Default. (a) The following events shall be deemed to be an Event of Default by Sublessor under this Sublease: Sublessor shall have failed to perform any provisions of this Sublease that it is obligated to perform, or if any of Sublessor’s representations or warranties are untrue or become untrue in any material respect, and if the failure to perform or the failure of such representation or warranty is not cured within thirty (30) days after written notice of default has been given to Sublessor. If the default cannot be reasonably cured within thirty (30) days, Sublessor shall commence to cure the default within such thirty (30) day period and have such additional time to cure same as may be reasonably necessary, provided Sublessor proceeds promptly and with due diligence to cure the default to completion.
Sublessor’s Default. The following shall constitute a default of Sublessor under this Sublease:
Sublessor’s Default. In the event of any alleged default in the obligation of Sublessor under this Sublease, Sublessee will deliver to Sublessor written notice listing the reasons for Sublessor's default and Sublessor will have thirty (30) days following receipt of such notice to cure such alleged default or, in the event the alleged default cannot reasonably be cured within a thirty (30) day period, to commence action and proceed diligently to cure such alleged default. A copy of such notice to Sublessor will be sent to any holder of a mortgage or beneficiary of a deed of trust on the Premises of which Sublessee has been notified in writing, and any such holder will also have the same time periods to cure such alleged default.
Sublessor’s Default. As between Sublessor and Sublessee, if Sublessor fails in the performance of any of its obligations under this Sublease and such failure continues for five (5) days after Sublessor’s receipt of written notice thereof from Sublessee (and an additional reasonable time after such receipt if (A) such failure cannot be cured within such five (5) day period, and (B) Sublessor commences curing such failure within such five (5) day period and thereafter diligently pursues the curing of such failure), then Sublessee shall be entitled to exercise any remedies that Sublessee may have at law or in equity. List of Exhibits Exhibit A Master lease Exhibit B Sublease Premises Exhibit C Rent Exhibit D Reserved Exhibit E Sublessee’s Work Exhibit F Personal Property Exhibit G Bill of Sale Exhibit H Fitness Center Waiver Form
Sublessor’s Default. Sublessor shall not be deemed to be in default in the performance of any of its obligations hereunder unless it shall fail to perform such obligations and such failure shall continue for a period of ten (10) business days or such additional time as is reasonably required to correct any such default after written notice has been given by Master Lessor and/or Sublessee specifying in reasonable detail the nature of Sublessor’s alleged default. The foregoing notwithstanding, Sublessor shall be deemed to be in default under this Sublease if Sublessor causes an Event of Default (as defined in Section 24 of the Master Lease) to exist under the Master Lease.
Sublessor’s Default. In the event Sublessor defaults under this Sublease, Sublessee shall, at its option, immediately cease all payments to Sublessor. Without waiving any of its rights existing by virtue of Sublessor's default, Sublessee may, upon default by Sublessor, enter into a direct lease agreement with the Landlord for the Demised Premises as described below, and Sublessee will have no further responsibilities, liabilities or obligations to Sublessor under this Sublease. In addition, Landlord agrees that if Sublessor defaults under the Lease or under this Sublease, Sublessee shall (without obligation for Sublessor's prior defaults) immediately have the right to enter into a lease agreement for the Demised Premises directly with Landlord, such lease to be on the same terms as this Sublease as if Landlord were the Sublessor.
