Common use of SUBTENANT’S DEFAULT Clause in Contracts

SUBTENANT’S DEFAULT. 14.1 Any one or more of following events shall be considered a “Default” by Subtenant, as such term is used in this Sublease: (a) Subtenant fails to make any payment of Rent required to be made by Subtenant within three (3) business days following written notice from Sublandlord that the same is past due; provided, however, Sublandlord shall not be obligated to provide written notice of monetary default more than two (2) times in any calendar year, and each subsequent monetary default shall be a Default if not received within three (3) business days after the same is due; provided further, such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure; or (b) Subtenant fails to fulfill, keep, observe or perform any of the other covenants and obligations herein contained to be fulfilled, kept, observed and performed by Subtenant, and such failure continues for more than fifteen (15) days after notice thereof in writing to Subtenant, or for such longer period (not to exceed an additional forty-five (45) days) as may be reasonably required to cure such failure, provided Subtenant is continuously and diligently prosecuting such cure at all times to completion and such cure period does not cause or threaten to cause an Event of Default of Sublandlord under the Master Lease; provided, such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure; or (c) Subtenant shall be adjudged an involuntary bankrupt, or a decree or order approving a petition or answer filed against Subtenant seeking reorganization of Subtenant under the Federal bankruptcy laws as now or hereafter amended, or under the laws of any State, shall be entered, and any such decree or judgment or order shall not have been vacated or stayed or set aside within sixty (60) days from the date of the entry or granting thereof; or (d) Subtenant shall file, or admit the jurisdiction of the court and the material allegations contained in, any petition in bankruptcy, or any petition pursuant or purporting to be pursuant to the Federal Bankruptcy laws now or hereafter amended, or Subtenant shall institute any proceedings for relief of Subtenant under any bankruptcy or insolvency laws or any laws relating to the relief of debtors, readjustment of indebtedness, re-organization, arrangements, composition or extension; or (e) Subtenant shall (i) abandon the Sublease Premises during the Term for a continuous period in excess of five (5) consecutive business days and Subtenant is during that time in default of its other obligations under this Sublease (Subtenant waives any right to notice Subtenant may have under Section 1951.3 of the Civil Code of the State of California, the terms of this Section 14.1 being deemed such notice to Subtenant as required by said Section 1951.3) or (ii) assign this Sublease or further sublet the Sublease Premises other than in strict accordance with Section 8 of this Sublease; or (f) Subtenant fails to secure insurance or to provide proper evidence of insurance as set forth in Section 7 of this Sublease and does not cure such failure within three (3) business days following notice from Sublandlord or fails to keep the Sublease Premises or the Building free of lien claims as set forth in Section 13 of this Sublease where such failure is not cured (which cure may be made by bonding over such lien pursuant to applicable Laws) within five (5) business days following receipt of notice or actual knowledge of the imposition of any such lien; or (g) Subtenant, by its act or omission, causes an event or condition under the Master Lease which either is a default thereunder or, subject only to the delivery of any required notice or passage of any cure or grace period, would constitute a default thereunder, and such default is not cured within five (5) business days less than any period allowed under the Master Lease for cure. Where notice of default from Master Landlord is required and given under the Master Lease, Sublandlord agrees to use good faith efforts to provide as quickly as reasonably practicable a copy of any such notice to Subtenant. 14.2 Upon the occurrence of any one or more Default(s), Sublandlord may exercise any remedy against Subtenant which Master Landlord may exercise for default by Sublandlord under the Master Lease in addition to any remedy available at law and/or in equity, and Sublandlord may resort to its remedies cumulatively or in the alternative. Without limiting the generality of the foregoing, Sublandlord may exercise the damage remedies available under any applicable law, including without limiting the foregoing, California Civil Code Sections 1951.2 and 1951.4 or any similar or successor statute which provides that a lessor may continue a lease in effect and recover damages as they become due. Subtenant expressly acknowledges and agrees that the restrictions on assignment and sub-subletting imposed by this Sublease are reasonable for purposes of California Civil Code Section 1951.4 and any successor or similar statute. 14.3 If Subtenant shall default in the observance or performance of any term or covenant of this Sublease on Subtenant’s part to be observed or performed, and if such default has not been cured following five (5) business days’ notice to Subtenant (or such shorter time in the event of an emergency), then Sublandlord may (but shall not be obligated to), immediately or at any time thereafter, perform the same for the account of Subtenant. If Sublandlord makes any expenditure or incurs any obligation for the payment of money in connection therewith (including, without limitation, reasonable attorneys’ fees and disbursements), then such sums paid, or obligations incurred, together with interest thereon at the lesser of (i) eight percent (8%) per annum or (ii) the maximum rate allowable under Law from the date of the expenditure until repaid, shall be deemed to be Other Charges under this Sublease and shall be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord’s demand therefor. Subtenant hereby expressly waives its rights under any statute to make repairs at the expense of Sublandlord.

SUBTENANT’S DEFAULT. 14.1 Any one or more The occurrence of following events shall be considered a “Default” by Subtenant, as such term is used in this Sublease: (a) Subtenant fails to make any payment of Rent required to be made by Subtenant within three (3) business days following written notice from Sublandlord that the same is past due; provided, however, Sublandlord shall not be obligated to provide written notice of monetary default more than two (2) times in any calendar year, and each subsequent monetary default shall be a Default if not received within three (3) business days after the same is due; provided further, such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure; or (b) Subtenant fails to fulfill, keep, observe or perform any of the other covenants following shall constitute a material default and obligations herein contained to be fulfilled, kept, observed and performed breach of this Sublease by Subtenant, and : a) Any failure by Subtenant to pay any rent under this Sublease on or before the date such rent is due under this Sublease which failure continues for more than fifteen (15) days after written notice thereof in writing from Sublandlord to Subtenant, or for such longer period Subtenant (provided that Sublandlord shall not to exceed an additional forty-five (45) days) as may be reasonably required to cure such failure, provided give Subtenant is continuously and diligently prosecuting such cure at all times to completion and such cure period does not cause or threaten to cause an Event of Default of Sublandlord under the Master Lease; provided, such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure; or (c) Subtenant shall be adjudged an involuntary bankrupt, or a decree or order approving a petition or answer filed against Subtenant seeking reorganization of Subtenant under the Federal bankruptcy laws as now or hereafter amended, or under the laws of any State, shall be entered, and any such decree or judgment or order shall not have been vacated or stayed or set aside within sixty (60) days from the date of the entry or granting thereof; or (d) Subtenant shall file, or admit the jurisdiction of the court and the material allegations contained in, any petition in bankruptcy, or any petition pursuant or purporting to be pursuant to the Federal Bankruptcy laws now or hereafter amended, or Subtenant shall institute any proceedings for relief of Subtenant under any bankruptcy or insolvency laws or any laws relating to the relief of debtors, readjustment of indebtedness, re-organization, arrangements, composition or extension; or (e) Subtenant shall (i) abandon the Sublease Premises during the Term for a continuous period in excess of five (5) consecutive business days and Subtenant is during that more than one time in default of its any twelve (12) month period); b) A failure by Subtenant to observe and perform any other obligations under this Sublease (Subtenant waives any right to notice Subtenant may have under Section 1951.3 of the Civil Code of the State of California, the terms of this Section 14.1 being deemed such notice to Subtenant as required by said Section 1951.3) or (ii) assign this Sublease or further sublet the Sublease Premises other than in strict accordance with Section 8 of this Sublease; or (f) Subtenant fails to secure insurance or to provide proper evidence of insurance as set forth in Section 7 provision of this Sublease and does not cure such failure within three (3) business days following notice from Sublandlord or fails to keep the Sublease Premises or the Building free of lien claims as set forth in Section 13 of this Sublease where such failure is not cured (which cure may be made by bonding over such lien pursuant to applicable Laws) within five (5) business days following receipt of notice or actual knowledge of the imposition of any such lien; or (g) Subtenant, by its act or omission, causes an event or condition under the Master Lease which either is a default thereunder or, subject only to the delivery of any required notice or passage of any cure or grace period, would constitute a default thereunder, and such default is not cured within five (5) business days less than any period allowed under the Master Lease for cure. Where notice of default from Master Landlord is required and given under the Master Lease, Sublandlord agrees to use good faith efforts to provide as quickly as reasonably practicable a copy of any such notice to Subtenant. 14.2 Upon the occurrence of any one or more Default(s), Sublandlord may exercise any remedy against Subtenant which Master Landlord may exercise for default by Sublandlord under the Master Lease in addition to any remedy available at law and/or in equity, and Sublandlord may resort to its remedies cumulatively or in the alternative. Without limiting the generality of the foregoing, Sublandlord may exercise the damage remedies available under any applicable law, including without limiting the foregoing, California Civil Code Sections 1951.2 and 1951.4 or any similar or successor statute which provides that a lessor may continue a lease in effect and recover damages as they become due. Subtenant expressly acknowledges and agrees that the restrictions on assignment and sub-subletting imposed by this Sublease are reasonable for purposes of California Civil Code Section 1951.4 and any successor or similar statute. 14.3 If Subtenant shall default in the observance or performance of any term or covenant of this Sublease on Subtenant’s part to be observed or performedperformed by Subtenant, and where such failure continues for thirty (30) days after written notice thereof by Sublandlord to Subtenant, provided, however, that if the nature of such default has is such that the same cannot been reasonably be cured following five within such thirty (530) business days’ notice to day period Subtenant (or such shorter time in the event of an emergency), then Sublandlord may (but shall not be obligated to), immediately or at any time thereafter, perform the same for the account of Subtenant. If Sublandlord makes any expenditure or incurs any obligation for the payment of money in connection therewith (including, without limitation, reasonable attorneys’ fees and disbursements), then such sums paid, or obligations incurred, together with interest thereon at the lesser of (i) eight percent (8%) per annum or (ii) the maximum rate allowable under Law from the date of the expenditure until repaid, shall be deemed to be Other Charges under this Sublease in default if Subtenant shall within such period commence such cure and shall be paid thereafter diligently prosecute the same to completion; c) The making by Subtenant of any general assignment for the benefit of creditors; the filing by or against Subtenant of a petition to Sublandlord within ten (10) days after Sublandlord’s demand therefor. have Subtenant hereby expressly waives its rights adjudged a bankrupt or of a petition for reorganization or arrangement under any statute law relating to make repairs at bankruptcy (unless, in the expense case of Sublandlord.petition filed against Subtenant, the same is dismissed after the filing)

SUBTENANT’S DEFAULT. 14.1 12.1 Any one or more of following events shall will be considered a “Default” by Subtenant, as such term is used in this Sublease: (a) 12.1.1 Subtenant fails to make any payment of Rent required to be made by Subtenant within three (3) business days following written notice from Sublandlord that the same is past due; provided, however, Sublandlord shall not be obligated to provide written notice of monetary default more than two (2) times in any calendar year, and each subsequent monetary default shall be a Default if not received within three (3) business days after when the same is due; provided furtheror 12.1.2 Subtenant, such by its act or omission, causes an event or condition that is a default under Section 22 of the Master Lease; 12.1.3 Subtenant, by its act or omission, causes an event or condition that, subject only to the delivery of any required notice shall be in lieu ofor passage of any cure or grace period, would constitute a default under any provision of the Master Lease, and such event or condition is not in addition to, any notice required under Section 1161 et seq. cured on or before the date three (3) days prior to the expiration of the California Code of Civil Procedure; orapplicable cure or grace period given in the Master Lease; (b) 12.1.4 Subtenant fails to fulfill, keep, observe or perform any of the other covenants and obligations herein contained to be fulfilled, kept, observed and performed by Subtenant, and such failure continues for more than fifteen (15) days after notice thereof in writing to Subtenant, or for provided however, if such longer period failure cannot be cured within fifteen (not to exceed an additional forty-five (4515) days) as may be reasonably required , then provided that Subtenant has commenced to cure such failure and diligently pursues a cure of such failure, Subtenant shall have such reasonable time to cure such failure, provided Subtenant is continuously and diligently prosecuting such cure at all times to completion and such cure period does not cause or threaten to cause an Event of Default of Sublandlord under the Master Lease; provided, such notice shall be in lieu of, and not in addition to, any notice required under Section 1161 et seq. of the California Code of Civil Procedure; or (c) Subtenant shall be adjudged an involuntary bankrupt, or a decree or order approving a petition or answer filed against Subtenant seeking reorganization of Subtenant under the Federal bankruptcy laws as now or hereafter amended, or under the laws of any State, shall be entered, and any such decree or judgment or order shall not have been vacated or stayed or set aside within sixty (60) days from the date of the entry or granting thereof; or (d) Subtenant shall file, or admit the jurisdiction of the court and the material allegations contained in, any petition in bankruptcy, or any petition pursuant or purporting to be pursuant to the Federal Bankruptcy laws now or hereafter amended, or Subtenant shall institute any proceedings for relief of Subtenant under any bankruptcy or insolvency laws or any laws relating to the relief of debtors, readjustment of indebtedness, re-organization, arrangements, composition or extension; or (e) Subtenant shall (i) abandon the Sublease Premises during the Term for a continuous period in excess of five (5) consecutive business days and Subtenant is during that time in default of its other obligations under this Sublease (Subtenant waives any right to notice Subtenant may have under Section 1951.3 of the Civil Code of the State of California, the terms of this Section 14.1 being deemed such notice to Subtenant as required by said Section 1951.3) or (ii) assign this Sublease or further sublet the Sublease Premises other than in strict accordance with Section 8 of this Sublease; or (f) Subtenant fails to secure insurance or to provide proper evidence of insurance as set forth in Section 7 of this Sublease and does not cure such failure within three (3) business days following notice from Sublandlord or fails to keep the Sublease Premises or the Building free of lien claims as set forth in Section 13 of this Sublease where such failure is not cured (which cure may be made by bonding over such lien pursuant to applicable Laws) within five (5) business days following receipt of notice or actual knowledge of the imposition of any such lien; or (g) Subtenant, by its act or omission, causes an event or condition under the Master Lease which either is a default thereunder or, subject only to the delivery of any required notice or passage of any cure or grace period, would constitute a default thereunder, and such default is not cured within five (5) business days less than any period allowed under the Master Lease for cure. Where notice of default from Master Landlord is required and given under the Master Lease, Sublandlord agrees to use good faith efforts to provide as quickly as reasonably practicable a copy of any such notice to Subtenant. 14.2 12.2 Upon the occurrence of any one or more Default(s), Sublandlord may exercise any remedy against Subtenant which that Master Landlord may exercise for default by Sublandlord under the Master Lease in addition to any remedy available at law and/or in equityLease, and Sublandlord may resort to its remedies cumulatively or in the alternative. Without limiting the generality of the foregoing, Sublandlord may exercise the damage remedies available under any applicable law, including without limiting the foregoing, California Civil Code Sections 1951.2 and 1951.4 or any similar or successor statute which provides that a lessor may continue a lease in effect and recover damages as they become due. Subtenant expressly acknowledges and agrees that the restrictions on assignment and sub-subletting imposed by this Sublease are reasonable for purposes of California Civil Code Section 1951.4 and any successor or similar statute. 14.3 If Subtenant shall default in the observance or performance of any term or covenant of this Sublease on Subtenant’s part to be observed or performed, and if such default has not been cured following five (5) business days’ notice to Subtenant (or such shorter time in the event of an emergency), then Sublandlord may (but shall not be obligated to), immediately or at any time thereafter, perform the same for the account of Subtenant. If Sublandlord makes any expenditure or incurs any obligation for the payment of money in connection therewith (including, without limitation, reasonable attorneys’ fees and disbursements), then such sums paid, or obligations incurred, together with interest thereon at the lesser of (i) eight percent (8%) per annum or (ii) the maximum rate allowable under Law from the date of the expenditure until repaid, shall be deemed any right to be Other Charges under terminate this Sublease and shall be paid recover certain sums and any right to continue this Sublease in effect and recover Rent and other charges as they become due. 12.3 Any notice delivered by Sublandlord in connection with, or as a precondition to, a Default by Subtenant will be in lieu of and not in addition to Sublandlord within ten (10) days after Sublandlord’s demand therefor. Subtenant hereby expressly waives its rights any notice to pay rent or notice to perform covenant required under any statute to make repairs at the expense of Sublandlordlaw.