Common use of Subtenant Default Clause in Contracts

Subtenant Default. If Subtenant shall default in the payment of Base Rent or Additional Rent hereunder or in the performance or observance of any of the terms, covenants or conditions of this Sublease on the part of Subtenant to be performed or observed, or cause a violation of the Prime Lease, Sublandlord shall have the right (but not the obligation) to exercise all of the same rights and remedies provided to or reserved by Landlord in the Prime Lease and at law; however, the foregoing shall in no way be deemed to limit or impair the rights and privileges of Landlord under the Prime Lease, or to impose any obligations on the part of Sublandlord by reason of the exercise by Landlord of any of such rights or privileges under the Prime Lease with respect to the Subleased Premises or to the use and occupation thereof by Subtenant. Sublandlord shall have the same rights and remedies in the event of non-payment or late payment by Subtenant of Base Rent or Additional Rent hereunder as are available to Landlord under the Prime Lease and at law for the non-payment or late payment of Prime Lease Rent, including the imposition of the late fee and interest set forth in the Prime Lease for late payments. With respect to any of the foregoing claimed defaults or violations on the part of the Subtenant, the Subtenant shall have the benefit of all of the same rights and remedies, including but not limited to rights to notice, curative periods and other curative opportunities, that are available to the Sublandlord, as Tenant under the Prime Lease, for any alleged default of the Sublandlord as Tenant under the Prime Lease; provided, however, that any cure period available to Subtenant for any matter that would also constitute an Event of default by Sublandlord under the Prime Lease shall expire five (5) days before the applicable cure period under the Prime Lease expires.

Subtenant Default. 10.1 Any act or omission by Subtenant that would constitute a default under the Master Lease shall, subject to the same notice and cure provisions provided therein (as modified by Section 5.2(c) above), be deemed a default by Subtenant under this Sublease. In addition, any failure by Subtenant to perform any other obligations required under this Sublease where such failure continues for thirty (30) days after written notice from Sublandlord (unless such failure relates to a monetary obligation in which case the cure period set forth above shall be reduced to three (3) days after written notice from Sublandlord) shall be deemed a default hereunder. 10.2 If Subtenant shall default in the payment of Base Rent or Additional Rent hereunder or defaults in the performance or observance of any of the terms, covenants or conditions of this Sublease on or the part of Subtenant Master Lease beyond any applicable notice and cure period, Sublandlord shall be entitled to be performed or observed, or cause a violation exercise any and all of the Prime rights and remedies to which it is entitled at law or in equity, and also any and all of the rights and remedies specifically provided for in the Master Lease with the same force and effect as if herein specifically set forth in full, and wherever in the Master Lease rights and remedies are given to Master Landlord, the same shall be deemed to refer to Sublandlord. 10.3 Subtenant agrees to do nothing that will subject the Master Lease to termination by Master Landlord under the provisions of the Master Lease. It is also agreed that if Subtenant is in default of the provisions of the Master Lease, Sublandlord may, but need not, cure said default specifically on behalf of and for the account of Subtenant, in which case all costs, damages and expenses incurred by Sublandlord in connection therewith shall be paid to Sublandlord immediately upon its demand as additional rent hereunder. In so curing Subtenant's default, Sublandlord shall not be deemed to have waived any of its rights, nor to have released Subtenant from any of its obligations under this Sublease. 10.4 It is further agreed that Sublandlord may cure Subtenant's default under the right (but Master Lease or this Sublease on and for Sublandlord's own account to preserve its interest in the Master Lease, and may terminate this Sublease by reason of said default pursuant to the terms hereof, if Subtenant does not pay as additional rent to Sublandlord all costs, damages and expenses incurred by it in connection with such cure within the obligation) applicable grace period provided for in the Master Lease. In the event of such termination, Sublandlord shall be entitled to exercise all of the same rights remedies and remedies damages provided to or reserved by for Master Landlord in the Prime Lease and at law; however, the foregoing shall in no way be deemed to limit or impair the rights and privileges of Landlord under the Prime Master Lease, or to impose any obligations on the part of Sublandlord as otherwise provided by reason of the exercise by Landlord of any of such rights or privileges under the Prime Lease with respect to the Subleased Premises or to the use and occupation thereof by Subtenant. Sublandlord shall have the same rights and remedies in the event of non-payment or late payment by Subtenant of Base Rent or Additional Rent hereunder as are available to Landlord under the Prime Lease and at law for the non-payment or late payment of Prime Lease Rent, including the imposition of the late fee and interest set forth in the Prime Lease for late payments. With respect to any of the foregoing claimed defaults or violations on the part of the Subtenant, the Subtenant shall have the benefit of all of the same rights and remedies, including but not limited to rights to notice, curative periods and other curative opportunities, that are available to the Sublandlord, as Tenant under the Prime Lease, for any alleged default of the Sublandlord as Tenant under the Prime Lease; provided, however, that any cure period available to Subtenant for any matter that would also constitute an Event of default by Sublandlord under the Prime Lease shall expire five (5) days before the applicable cure period under the Prime Lease expireslaw.

Subtenant Default. If Any one or more of the following events will constitute an event of default by Subtenant (a “Subtenant Default”) under this Sublease: (1) failure by Subtenant to timely pay any installment of Sublease Base Rent, any Additional Charges, or any other amount of Rent required to be paid by Subtenant to Sublandlord under this Sublease and such failure continues for a period of five (5) business days following Subtenant’s receipt of Sublandlord’s written notice of such non-payment (provided, however, that after Sublandlord has given Subtenant written notice of failure to pay Rent when due on one (1) occasion during any calendar year during the Sublease Term, Subtenant’s subsequent failure to timely pay any amount payable under this Sublease when due shall default in be deemed a Subtenant Default without the payment of Base Rent or Additional Rent hereunder or in the performance or observance requirement that Sublandlord give Subtenant notice of any of the termssuch failure during such calendar year); or (2) failure or refusal by Subtenant to perform, covenants comply with or conditions observe any other term, covenant or provision of this Sublease on the part of Subtenant to be performed or observed, or cause a violation of the Prime Lease, Sublandlord shall have the right (but not the obligation) to exercise all of the same rights and remedies provided to or reserved by Landlord in the Prime Lease and at law; howeverrequired to be performed, the foregoing shall in no way be deemed to limit complied with or impair the rights and privileges of Landlord under the Prime Lease, or to impose any obligations on the part of Sublandlord by reason of the exercise by Landlord of any of such rights or privileges under the Prime Lease with respect to the Subleased Premises or to the use and occupation thereof observed by Subtenant. , if such failure continues for fifteen (15) days after receipt of written notice to Subtenant from Sublandlord shall have the same rights and remedies in the event of non-payment or late payment by Subtenant of Base Rent or Additional Rent hereunder as are available to Landlord under the Prime Lease and at law for the non-payment or late payment of Prime Lease Rent, including the imposition of the late fee and interest set forth in the Prime Lease for late payments. With respect to any of the foregoing claimed defaults or violations on the part of the Subtenant, the Subtenant shall have the benefit of all of the same rights and remedies, including but not limited to rights to notice, curative periods and other curative opportunities, that are available to the Sublandlord, as Tenant under the Prime Lease, for any alleged default of the Sublandlord as Tenant under the Prime LeaseLandlord; provided, however, that any if the nature of Subtenant's breach is such that it may be cured but more than fifteen (15) days are reasonably required for its cure, then Subtenant shall not be deemed to be in default if Subtenant commences such cure within said fifteen (15) day period and thereafter diligently prosecute such cure to completion (provided, further, however, if the Prime Lease provides that no notice or cure period available would be provided to Subtenant for any matter that would also constitute an Event of default by Sublandlord under the Prime Lease if Sublandlord breached the term, condition, covenant or provision of the Prime Lease that Subtenant has failed to perform, comply with or observe, no notice or cure period shall expire be provided to Subtenant hereunder); or (3) the filing of a petition by or against Subtenant (A) in any bankruptcy or other insolvency proceeding; (B) seeking any relief under any state or federal debtor relief Law; (C) for the appointment of a liquidator or receiver for all or substantially all of Subtenant’s property or for Subtenant’s interest in this Sublease; or (D) for the reorganization or modification of Subtenant’s capital structure; however, if such a petition is filed against (rather than by) EMF_US 83351163v7 Subtenant, then such filing shall not be a Subtenant Default unless Subtenant fails to have the proceedings initiated by such petition dismissed within sixty (60) days after the filing thereof; or (4) Subtenant shall make a general assignment for the benefit of creditors; or (5) Subtenant dissolves, liquidates or otherwise ceases to exist; or (6) the performance or non-performance of any other obligation hereunder or the occurrence of any other event which, if it remains uncured, would result in an Event of Default under the Prime Lease, if such performance, non-performance or event is not cured at least five (5) days before in advance of the applicable time required (if any) for a cure period thereof under the Prime Lease expiresLease. Any notice sent by Sublandlord to Subtenant pursuant to this Section 9 shall be in lieu of, and not in addition to, any notice required under any applicable law.

Subtenant Default. If 12.1 Any act or omission by Subtenant that would constitute a default under the Master Lease shall, subject to the same notice and cure provisions provided therein, less three (3) days (if more than a seven day cure period is provided), be deemed a default by Subtenant under this Sublease. In addition, any failure by Subtenant to perform any other obligations required under this Sublease shall be deemed a default hereunder. 12.2 Subtenant agrees to do nothing which will subject the Master Lease to termination by Master Landlord under the provisions of the Master Lease. It is also agreed that if Subtenant is in default of the payment provisions of Base Rent or Additional Rent hereunder or the Master Lease, Sublandlord may, but need not, cure said default specifically on behalf of and for the account of Subtenant, in the performance or observance of which case all costs, damages and expenses incurred by Sublandlord in connection therewith shall be paid to Sublandlord immediately upon its demand as additional rent hereunder. In so curing Subtenant’s default, Sublandlord shall not be deemed to have waived any of its rights, nor to have released Subtenant from any of its obligations under this Sublease. 12.3 It is further agreed that Sublandlord may cure Subtenant’s default under the terms, covenants Master Lease or conditions of this Sublease on and for Sublandlord’s own account to preserve its interest in the part Master Lease, and may terminate this Sublease by reason of said default pursuant to the terms hereof, if Subtenant does not pay as additional rent to be performed or observedSublandlord all costs, or cause damages and expenses 12.4 In the event of a violation of the Prime Leasedefault hereunder beyond any applicable notice and cure periods, Sublandlord shall have the right (but not the obligation) be entitled to exercise all of the same rights remedies and remedies damages provided to or reserved by for Master Landlord in the Prime Lease and at law; however, the foregoing shall in no way be deemed to limit or impair the rights and privileges of Landlord under the Prime Master Lease, or to impose any obligations on the part of Sublandlord as otherwise provided by reason of the exercise by Landlord of any of such rights law or privileges under the Prime Lease with respect to the Subleased Premises or to the use and occupation thereof by Subtenant. Sublandlord shall have the same rights and remedies in the event of non-payment or late payment by Subtenant of Base Rent or Additional Rent hereunder as are available to Landlord under the Prime Lease and at law for the non-payment or late payment of Prime Lease Rent, including the imposition of the late fee and interest set forth in the Prime Lease for late payments. With respect to any of the foregoing claimed defaults or violations on the part of the Subtenant, the Subtenant shall have the benefit of all of the same rights and remedies, including but not limited to rights to notice, curative periods and other curative opportunities, that are available to the Sublandlord, as Tenant under the Prime Lease, for any alleged default of the Sublandlord as Tenant under the Prime Lease; provided, however, that any cure period available to Subtenant for any matter that would also constitute an Event of default by Sublandlord under the Prime Lease shall expire five (5) days before the applicable cure period under the Prime Lease expiresequity.