Sublessor’s Default. (a) In the event Sublessor shall fail to perform any of the material covenants and conditions agree to be performed by Sublessor hereunder and such failure to perform shall continue for thirty (30) days after notice thereof from Sublessee to Sublessor, Sublessee shall be entitled to exercise all rights, powers or remedies provided by law; provided, however, that if the nature of Sublessor's failure to perform is such that more than thirty (30) days are required for performance, then Sublessor shall not be in default hereunder if Sublessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Upon written request by Xxxxxxxxx, thereafter diligently prosecutes the same to completion. Upon written request by Sublessor, or any Ground Lessor or Mortgagee, Sublessee shall serve notice of any alleged default or breach by Sublessor under this Sublease upon any Ground Lessor or Mortgagee and, notwithstanding any other provision of this sublease or applicable law, shall allow such Ground Lessor or Mortgagee a reasonable amount of time (but not less than thirty (30) days), after the grace period in favor of Sublessor, to cure the same, including such time as is reasonably necessary for such Ground Lessor or Mortgagee to complete Ground Sublease termination or Mortgage foreclosure or other proceedings and obtain possession of the Property from Sublessor.
(b) Except as otherwise expressly provided herein, Sublessee agrees that it shall look solely to the estate and property of Sublessor in the Property (subject to prior right of any Ground Lessor or Mortgagee), for the collection of any judgment (or other judicial process) requiring the payment of money by Sublessor in the event of any default or breach by Sublessor under this Sublease, with Sublessor not to otherwise by liable to Sublessee, and Sublessee not to otherwise have any remedies against Sublessor, therefore.
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. 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. 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. 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.
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. 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. 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. If Sublessor shall fail to correct any material default in the performance by Sublessor of any material obligation pursuant to this Sublease and, if such failure or neglect shall continue for thirty (30) days after written notice thereof from Sublessee to Sublessor, then Sublessee may, without further notice or demand, terminate this Sublease: provided however, that if the nature of a breach under this Section 6.05 is such that it cannot be cured within thirty (30) days of Sublessee’s written notice to Sublessor, this Sublease will not terminate thirty (30) days after the giving of notice, if in the opinion of the Sublessee, the Sublessor is taking or has taken reasonable steps, within such thirty (30) day period, to cure the breach and such steps are being diligently pursued. A material default shall include, but is not limited to, any failure by Sublessor in the performance of its obligations under Section 2.04, Section 3.01, or Section 3.02 of this Sublease. The rights afforded Sublessee in accordance with this Section 6.05 are in addition to any rights that may accrue to Sublessee by statute or otherwise and shall not limit or prejudice the right of Sublessee to obtain as damages from Sublessor, by reason of any termination of this Sublease for any such default by Sublessor, an amount equal to the maximum allowed by any statute or rule of law in effect at the time such damages are proved and obtained.
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 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.
