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. 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 covenants and agrees to comply with all of the terms and conditions of the Lease (to the extent not assumed by Sublessee hereunder) including, but not limited to, the payment of all Basic Rent and Additional Rent to Prime Lessor, so long as Subtenant is not in default under this Sublease, after any applicable notice and beyond any and all applicable grace and cure periods. Sublessor shall cure any default under the Lease within any applicable cure period, except to the extent that such default arises from an act or omission of Sublessee. In the event that the Lease is terminated by the Prime Lessor as a result of the default of Sublessor and not Sublessee, then Sublessee may, at its option, pursue all remedies against Sublessor at equity and at law as are determined by it, including the right to seek damages suffered by Sublessee in the event that Sublessee vacates the Subleased Premises due to said default of said Sublessor. Sublessor agrees to indemnify and hold Sublessee, its successors and assigns, harmless from and against any and all claims, losses, liabilities, actions and expenses, including reasonable attorneys' fees, to the extent arising from the negligence or intentional misconduct of Sublessor or the failure of Sublessor to perform any and all obligations under the Lease other than those obligations assumed or otherwise undertaken hereunder by Sublessee. Sublessor agrees that it shall not amend the Lease as the same pertains to the Subleased Premises without the written consent of Sublessee, which consent shall not be unreasonably withheld, conditioned, or delayed.
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 not be deemed to be in default in the performance of any obligation under this Sublease unless and until it has failed to perform the obligation within a reasonable time but in no event longer than thirty (30) days after written notice by Sublessee to Sublessor specifying in reasonable detail the nature and extent of the failure; provided, however, that if the nature of Sublessor’s obligation is such that more than thirty (30 days are required for its performance, then Sublessor shall not be deemed to be in default if it commences performance within the 30-day period and thereafter diligently pursues the cure to completion. Sublessee hereby waives any right to terminate or rescind this Sublease as a result of any default by Sublessor hereunder or any breach by Sublessor of any promise or inducement relating hereto, and Sublessee agrees that in exercising whatever other remedies Sublessee may have at law or in equity, such remedies shall in no event include any punitive, exemplary, or consequential damages, lost profits or opportunity costs, and that Sublessor’s liability to Sublessee under this Sublease is subject to the Liability Cap. Further, as a material part of the consideration for this Sublease, Sublessee hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and 1942, that allows a tenant to make repairs at its landlord’s expense.
DEFAULT BY SUBLESSOR. If Sublessor defaults under the Lease and/or gives the Landlord the right to terminate the Lease, the parties agree to provide Sublessee with a 30 day period materially satisfy the terms and conditions of the Lease and the parties shall assign the Lease from Sublessor to Sublessee without additional consideration.
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.