Common use of TERMINATION BY THE SUBLESSEE Clause in Contracts

TERMINATION BY THE SUBLESSEE. The Sublessee may terminate this Sublease: (1) If the Sublessee is prohibited by lawful authority from using the Sublease Premises because of any deficiency or unsafe operating condition at the Airport for a period exceeding sixty (60) days. The Sublessee may terminate this Sublease after the sixty (60) days by giving the Borough thirty (30) days advance written notice. (2) If the Borough does not perform any material covenant in this Sublease for a period of sixty (60) days after written notice of default to the Borough by the Sublessee. The Borough will be deemed to have cured the default if the Borough commences to cure the default within the sixty (60) day period and diligently continues the cure to completion. (3) Within the first year, should the Sublessee be denied lender financing for construction of the Improvements. Termination under this paragraph shall become effective sixty (60) days after the Borough receives written notice of the termination.

Appears in 3 contracts

Samples: Land Terminal Sublease & Airline Operating Agreement, Land Terminal Sublease & Airline Operating Agreement, Land Terminal Sublease & Airline Operating Agreement

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TERMINATION BY THE SUBLESSEE. The Sublessee may terminate this Sublease: (1) If the Sublessee is prohibited by lawful authority from using the Sublease Premises because of any deficiency or unsafe operating condition at the Airport for a period exceeding sixty (60) days. The Sublessee may terminate this Sublease after the sixty (60) days by giving the Borough thirty (30) days advance written notice. (2) If the Borough does not perform any material covenant in this Sublease for a period of sixty (60) days after written notice of default to the Borough by the Sublessee. The Borough will be deemed to have cured the default if the Borough commences to cure the default within the sixty (60) day period and diligently continues the cure to completion. (3) Within the first year, should the Sublessee be denied lender financing for construction of the Improvements. Termination under this paragraph shall become effective sixty (60) days after the Borough receives written notice of the termination. (4) Provided that Sublessee gives the Borough at least 90 days’ notice of intent to terminate, and complies with Sublessee’s obligations upon termination, Sublessee may terminate this sublease effective on March 31 of any year during the lease term.

Appears in 1 contract

Samples: Land Terminal Sublease & Airline Operating Agreement

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TERMINATION BY THE SUBLESSEE. The Sublessee may terminate this Sublease: (1) If the Sublessee is prohibited by lawful authority from using the Sublease Premises because of any deficiency or unsafe operating condition at the Airport for a period exceeding sixty (60) days. The Sublessee may terminate this Sublease after the sixty (60) days by giving the Borough thirty (30) days days’ advance written notice. (2) If the Borough does not perform any material covenant in this Sublease for a period of sixty (60) days after written notice of default to the Borough by the Sublessee. The Borough will be deemed to have cured the default if the Borough commences to cure the default within the sixty (60) day period and diligently continues the cure to completion. (3) Within the first year, should the Sublessee be denied lender financing for construction of the Improvements. Termination under this paragraph shall become effective sixty (60) days after the Borough receives written notice of the termination.

Appears in 1 contract

Samples: Land Terminal Sublease & Airline Operating Agreement

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