DEFAULT BY SUBLESSOR Sample Clauses
The "Default by Sublessor" clause defines the circumstances under which the sublessor is considered to be in breach of the sublease agreement. Typically, this clause outlines specific actions or failures—such as not providing access to the premises, failing to perform required maintenance, or violating other material terms—that would constitute a default. Its core practical function is to clearly identify what constitutes a default by the sublessor, thereby protecting the sublessee’s rights and providing a basis for remedies or termination if the sublessor fails to meet their obligations.
POPULAR SAMPLE Copied 1 times
DEFAULT BY SUBLESSOR. No default by Sublessor hereunder will constitute an eviction or disturbance of Sublessee’s use and possession of the Demised Premises or render Sublessor liable for damages or entitle Sublessee to be relieved from any of Sublessee’s obligations hereunder (including the obligation to pay rent) or grant Sublessee any right of deductions, abatement, setoff. or recoupment or entitle Sublessee to take any action whatsoever with regard to the Demised Premises or Sublessor until twenty (20) days after Sublessee has given Sublessor written notice specifically setting forth such default by Sublessor, and Sublessor has failed to cure such default within said twenty (20) day period, or, in the event such default cannot be cured within said twenty (20) day period, then within an additional reasonable period of time so long as Sublessor has commenced curative action within said twenty (20) day period and thereafter is diligently attempting to cure such default. In the event that Sublessor fails to cure such default within said twenty (20) day period. or within said additional reasonable period of time, Sublessee will be entitled to (i) cure such default, in which event Sublessor will reimburse Sublessee on demand for all costs and expenses expended or incurred by Sublessee in curing such default together with interest thereon at the highest legal contractual rate until reimbursement is made to Sublessee by Sublessor, (ii) exercise all rights and remedies provided by law, and/or (iii) immediately terminate this Sublease.
DEFAULT BY SUBLESSOR. If Sublessor fails to perform any of Sublessor’s obligations under this Sublease, which failure is not cured within fifteen (15) days after the giving of written notice thereof by Sublessee, unless such default is of such nature that it cannot be cured within such fifteen (15) day period, in which case no event of default shall occur so long as Sublessor shall commence the curing of the default within such fifteen (15) day period and shall thereafter diligently prosecute the curing of same (except in the event of an emergency situation, which is only subject to a five (5) day notice and cure period), then Sublessor shall be in default and Sublessee will have the right (in addition to all other rights and remedies available at law or in equity) to (i) perform such obligation on behalf of Sublessor at Sublessor’s sole cost and expense (provided such costs and expenses are reasonable) by delivering notice to Sublessor, in which event Sublessor agrees to reimburse Sublessee for the reasonable costs and expenses incurred by Sublessee in connection therewith within ten (10) days after request by Sublessee.
DEFAULT BY SUBLESSOR. A. If any essential services (such as HVAC, passenger elevators if necessary for reasonable access, snow removal, etc.) supplied by Sublessor are interrupted, and the interruption does not result from the negligence or willful misconduct of Sublessee, its employees, invitees, or agents, Sublessee shall be entitled to an abatement of Base Rent and Additional Rent during the period of interruption. Such right shall be construed as an additional remedy granted to Sublessee and not in limitation of any other rights or remedies which Sublessee may have.
B. If Sublessor defaults in the performance or observance of any provision of this Agreement, Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted and if such default shall not be cured by Sublessor within 30 days after the delivery of such notice (except that if such default cannot be cured within said 30 day period, this period shall be extended for a reasonable additional time, provided that Sublessor commences to cure such default within the 30 day period and proceeds diligently thereafter to effect such cure) Sublessee may cure such default and/or withhold payment of Base Rent and Additional Rent due and to accrue hereunder (to the extent necessary to cover the costs incurred and/or estimated by Sublessee to cure such default) so long as Sublessor remains in default, or invoice Sublessor for costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) incurred by Sublessee therefor. If Sublessee cannot reasonably cure Sublessor’s default or if Sublessor does not reimburse Sublessee within 30 days of receipt of any invoice for the cost of such cure, Sublessee may terminate this Agreement.
DEFAULT BY SUBLESSOR. 38 ARTICLE 18.
DEFAULT BY SUBLESSOR. SUBLESSOR shall not be in default unless SUBLESSOR fails to perform obligations required of SUBLESSOR within a reasonable time, but in no event later that thirty (30) days after written notice by SUBLESSEE to SUBLESSOR and to the holder of any mortgage or deed of trust covering the Premises furnished to SUBLESSEE in writing, specifying wherein SUBLESSOR has failed to perform such obligations; provided, however, that if the nature of SUBLESSOR'S obligation is such that more than thirty (30) days are required for performance, then SUBLESSOR shall not be in default if SUBLESSOR commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion; provided, further, that in the event that SUBLESSOR has defaulted in the payments of a monetary obligation and SUBLESSEE has advanced monies to pay such obligation. SUBLESSOR shall pay SUBLESSEE interest on such monies advanced at a rate of one percent (1%) per month until paid in full. H.
DEFAULT BY SUBLESSOR. If Sublessor shall fail or neglect to perform under any material obligation to be performed by it under this Agreement, Sublessee may terminate this Agreement upon not less than thirty (30) days prior written notice to Sublessor unless Sublessor has promptly undertaken cure of such default during such period, is continuously pursuing such cure and such default shall be curable within a reasonable time after expiration of such thirty (30) day period.
DEFAULT BY SUBLESSOR. Sublessor shall not be in default unless Sublessor fails to perform obligations required of Sublessor within a reasonable time, but in no event later than thirty (30) days after written notice by Sublessee to Sublessor; provided, however, that if the nature of Sublessor's obligation is such that more than thirty (30) days are required for performance, then Sublessor shall not be in default if Sublessor commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In the event of any default by Sublessor, Sublessee shall have all rights and remedies available to Sublessee in law and equity. In addition, in the event of a default by Sublessor, Sublessee may cure such default and charge Sublessor for the cost thereof, or offset such cost against future rent.
DEFAULT BY SUBLESSOR. Sublessor shall only be deemed to be in default -------------------- hereunder if Sublessor violates or fails to perform any covenant or agreement hereunder which is not observed or performed by Sublessor within thirty (30) days after the receipt by Sublessor of written notice from Subtenant specifically identifying such violation or failure. Sublessor shall not be considered in default so long as Sublessor commences to cure the violation within said thirty (30) day period and diligently pursues the completion of such cure. In the event of a default hereunder or under the Prime Lease existing beyond any applicable cure period, by Sublessor, Subtenant shall have all the remedies available under the law or in equity.
DEFAULT BY SUBLESSOR. Sublessor shall only be deemed to be in default hereunder in the event Sublessor shall violate or fail to perform any covenant or agreement hereunder which is not observed or performed by Sublessor within thirty (30) days after the receipt by Sublessor of written notice from Subtenant specifically identifying such violation or failure. Sublessor shall not be considered in default so long as Sublessor commences to cure the violation within said thirty (30) day period and diligently pursues the completion of such cure.
DEFAULT BY SUBLESSOR. Sublessor shall not be in default under this Sublease unless Sublessor fails to perform obligations required by Sublessor within a reasonable time, but in no event later than thirty (30) 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 thirty (30) days are required for performance then Sublessor shall not be in default if Sublessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion, provided that such completion must be accomplished not more than sixty (60) days after such written notice from Sublessee.