Sublessor’s Default Sample Clauses

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. 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. 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. Sublessor shall not be in default in the performance of any obligation under the Sublease unless and until it has failed to perform such obligation within thirty (30) days after receipt of written notice by Sublessee to Sublessor specifying such failure; provided, however, that if the nature of Landlord's default is such that more than thirty (30) days are required for its cure, then Sublessor shall not be deemed to be in default if it reasonably pursues a cure within the thirty (30) day period and thereafter diligently prosecutes such cure to completion.

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. Upon a default by Sublessor of any obligations hereunder that adversely affects Sublessee, Sublessee may after thirty (30) days written notice to Sublessor pursue any remedies it may have at law or in equity against Sublessor. Notwithstanding any other provision of this Sublease to the contrary Sublessee waives any and all right to claim punitive damages and consequential damages, including but not limited to loss of profits, and in no event shall damages recoverable by Sublessee from Sublessor for any breach or breaches this Sublease or any representation, warranty or covenant under or with respect to this Sublease exceed $400,000 in the aggregate. Sublessor shall pay upon demand all of Sublessee's costs charges and expenses, including without limitation courts costs and reasonable attorneys' fees incurred in successfully enforcing Sublessor's obligations under this Sublease.

Sublessor’s Default. Sublessor shall be in default of this Sublease if it fails or refuses to perform any of its material obligations under this Sublease if the failure to perform is not cured within 30 days after notice of the default has been given by Club to Sublessor, or if a requested payment is not made within the time specified for payment.

Sublessor’s Default. If Sublessor fails to (i) pay any sum of money due to Master Lessor under the Master Lease for any reason other than Sublessee’s failure to pay sums due to Sublessor under this Sublease, and such failure continues after three (3) business days’ written notice to Sublessor, or (ii) perform any other act on its part to be performed under the Master Lease to the extent not agreed to be performed by Sublessee hereunder or under this Sublease, and such failure continues after ten (10) business days’ written notice to Sublessor and is reasonably likely to result in a material adverse effect on Sublessee’s business in the Premises, then Sublessee may, but shall not be obligated to, make such payment or perform such act. All such sums paid, and all costs and expenses of performing any such act, shall be deemed payable by Sublessor to Sublessee upon demand. In addition, Sublessor shall pay to Sublessee interest on all amounts due at the Interest Rate from the due date to and including the date of payment, until repaid.

Sublessor’s Default. Sublessor shall not be in default under this Sublease unless Sublessor fails to perform obligations required of Sublessor and/or Landlord within sixty (60) days after written notice is delivered by Sublessee to Sublessor and/or Landlord and to the holder of any mortgages or deeds of trust (collectively, "Lender") covering the Premises whose name and address shall have theretofore been furnished to Sublessee in writing, specifying the obligation which Sublessor and/or Landlord has failed to perform; provided, however, that if the nature of Sublessor's and/or Landlord's obligation is such that more than sixty (60) days are required for performance, then Sublessor and/or Landlord shall not be in default if Sublessor and/or Landlord or Lender commences performance within such forty-five (45) day period and thereafter diligently prosecutes the same to completion. All obligations of Sublessor and/or Landlord hereunder shall be construed as covenants, not conditions.