Sublessor’s Right to Cure. If (a) an Event of Default occurs, or (b) any breach hereof or default hereunder by Sublessee continues after the applicable notice and cure periods, or (c) any other event or state of affairs in or about the Subleased Premises or the Property constitutes a breach of or default under the Prime Lease which continues after the applicable notice and cure periods, or, in Sublessor’s reasonable determination, poses a significant risk of injury or damage to any person or property, or, in Sublessor’s reasonable determination, creates an unsightly condition, then Sublessor shall have the right, but not the obligation, at Sublessee’ s sole cost and expense, to cure the same, and Sublessee shall pay and/or reimburse Sublessor for any expenses incurred by Sublessor in connection with such cure promptly upon demand therefor, together with interest on any amounts paid by Sublessor at the Default Rate from the date paid through the date reimbursed (inclusive of interest), all of which shall be considered Additional Rent.
Sublessor’s Right to Cure. If Subtenant shall at any time fail to pay any of the subject taxes, impositions, assessments, charges or expenses mentioned herein in accordance with the provisions hereof, Sublessor shall have the right to pay the same and Subtenant shall promptly pay such amount(s), together with interest thereon at the rate of fifteen percent (15%) per annum, to Sublessor as additional rent hereunder. If Subtenant fails to pay such amounts to Sublessor within fifteen (15) days after written demand therefor, Subtenant shall be deemed to be in default under this Sublease.
Sublessor’s Right to Cure. SECTION 11.1 SUBLESSOR'S RIGHT TO CURE SUBLESSEE'S DEFAULTS. Sublessor, upon two (2) Business Days prior notice (except that in any circumstance in which there is a risk of imminent harm to any Person or property or any possibility of criminal liability to Sublessor or Lessor, no notice shall be required), without waiving or releasing any obligation or Sublease Event of Default, may (but shall be under no obligation to) remedy any Sublease Default or Sublease Event of Default for the account and at the sole cost and expense of Sublessee, including the failure by Sublessee to maintain the insurance required by ARTICLE IX, and may, to the fullest extent permitted by Law, and notwithstanding any right of quiet enjoyment in favor of Sublessee, enter upon the real property where the Equipment is located for such purpose and take all such action thereon as may be necessary or appropriate therefor. No such entry shall be deemed an eviction of Sublessee. All reasonable out-of-pocket costs and expenses so incurred (including fees and expenses of counsel and allocated time charges of internal counsel), together with interest thereon at the Default Rate from the date on which such sums or expenses are paid by Sublessor, shall be paid by Sublessee to Sublessor on demand. All rights of Sublessor in this Article 11.1 are subject to Section 15.10.
Sublessor’s Right to Cure. If Sublessee fails to pay any sum of money to Sublessor, or fails to perform any other act on its part to be performed hereunder, then Sublessor 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 additional rent payable by Sublessee to Sublessor upon demand. In addition, Sublessee shall pay to Sublessor interest on all amounts due and payable to Sublessor hereunder at the maximum rate then allowed by law from the due date to and including the date of the payment by Sublessee to Sublessor.
Sublessor’s Right to Cure. (a) If Sublessee shall fail to perform any of its obligations hereunder, Sublessor shall have the right (but not the obligation) to perform or endeavor to perform such obligations, at Sublessee’s expense, and Sublessee shall, within five (5) business days of Sublessor’s demand from time to time, reimburse Sublessor for all costs and expenses incurred by Sublessor in doing so. Except in case of any emergency, Sublessor shall give Sublessee reasonable prior written notice of its intention to take action pursuant to this Section 10(a), and Sublessee shall have five (5) business days from receipt of such written notice to commence and thereafter diligently pursue the performance of such obligations or Sublessor shall be entitled to take the actions provided for under this Section 10(a). Notwithstanding the foregoing, Sublessor’s rights hereunder shall not be greater than the rights of the Overlandlord under the terms of the Xxxxxxxxx and Sublessee’s payment rights and obligation shall be similar to Sublessor’s payment rights and obligations under the terms of the Xxxxxxxxx.
(b) If Sublessor makes any expenditures or incurs any obligations for the payment of money, including attorney’s fees, in connection with (i) defending any action brought by Sublessee against Sublessor or against Overlandlord and naming Sublessor which is prohibited by the terms hereof or for which Sublessee does not ultimately prevail or (ii) curing Sublessee’s defaults or in instituting, prosecuting or defending any action or proceeding, by reason of any default of Sublessee hereunder or of Overlandlord under the Xxxxxxxxx, such sums paid or obligations incurred, with interest thereon at the maximum interest rate allowed by law between contracting parties, shall be paid by Sublessee to Sublessor as Additional Rent within upon demand by Sublessor. Sublessor shall have the same rights with respect thereto, and Sublessee shall have the same obligations therefor as if same constituted Base Rent hereunder.
Sublessor’s Right to Cure. If Sublessee breaches any covenant or condition of this Sublease, Sublessor may, on reasonable notice to Sublessee (except that no notice need be given in cases of emergency), cure such breach at the expense of the Sublessee, and the reasonable amount of all expenses, including attorneys' fees, Incurred by Sublessor in doing so (whether paid by Sublessor or not) shall be deemed additional rent and shall be due from the Sublessee within ten (10) days after its receipt of a bill therefore from the Sublessor.
Sublessor’s Right to Cure. SECTION 17. 1. The Sublessor’s Right to Cure the Sublessee’s Sublease Defaults. The Sublessor, without waiving or releasing any obligation or Sublease Event of Default, may (but shall be under no obligation to) remedy any Sublease Event of Default for the account and at the sole cost and expense of the Sublessee, including the failure by the Sublessee to maintain the insurance required by Article XIII hereof, and may, to the fullest extent permitted by law, and notwithstanding any right of quiet enjoyment in favor of the Sublessee, enter upon the Property for such purpose and take all such action thereon as may be reasonably necessary or appropriate therefor (subject to Sublessor’s compliance with Sublessee’s Security Requirements). No such entry shall be deemed an eviction of the Sublessee. All reasonable actual, third party out of pocket costs and expenses so incurred (including fees and expenses of counsel), together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid by the Sublessor, shall be paid by the Sublessee to the Sublessor as Supplemental Rent.
Sublessor’s Right to Cure. If Sublessee fails to make any payment or shall default in the performance of any term, covenant, condition or provision of this Sublease that involves an expenditure of money by Sublessee beyond any applicable notice and cure period, Sublessor, at Sublessor’s sole option, may make such payment or expend such sums as may be necessary to perform and fulfill such term, covenant, condition or provision. In such event, Additional Rent shall include, also, on demand, the entire amount of Sublessor’s expenditure or payment and any and all costs of any kind (including, without limitation, reasonable attorneys’ fees) as may be necessary to perform and fulfill such term, covenant, condition or provision, together with interest on the entire amount thereof at an annual rate equal to the lesser of (a) 12% or (b) the highest rate permitted by applicable law, which shall accrue from the date of demand therefor from Sublessor.
Sublessor’s Right to Cure. Notwithstanding any other provision of this Sublease to the contrary, in the event of a breach of this Sublease by Sublessee that may cause a default under the Master Lease, Sublessor may, in addition to all other remedies and rights available to Sublessor at law or in equity or under this Sublease, at Sublessee’s expense and after written notice to Sublessee, cure such default or take such other action as may reasonably be required to prevent such matter from maturing into a default under the Master Lease. Sublessee shall pay such reasonable expenses so incurred by Sublessor within thirty (30) days after written demand therefor from Sublessor.
Sublessor’s Right to Cure. Except as otherwise expressly set forth herein, any grace period provided for the lessee's performance under the Master Lease, shall be reduced by five (5) days. If Sublessee shall default in the performance of any of its obligations under this Sublease beyond the expiration of any grace and notice periods applicable to Sublessee, then Sublessor, without being under any obligation to do so and without thereby waiving such default, shall have the right to cure such default for the account and at the expense of Sublessee. Sublessor shall have the right to enter the Premises upon reasonable notice at such times as may be reasonably necessary to exercise its right to cure Sublessee's defaults. If Sublessor makes any expenditures or incurs any obligation for the payment of money in connection therewith, such sums paid or obligations incurred, together with interest at the rate equal to the lesser of (a) ten percent (10%) per annum or (b) the maximum rate permitted by law, shall be paid to it by Sublessee on demand.
