Common use of DEFAULT BY SUBLESSOR Clause in Contracts

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. No Sublessor shall not be in default by unless Sublessor hereunder will constitute an eviction or disturbance fails to perform obligations required 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 within a reasonable time, but in no event later than thirty (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 (2030) days after Sublessee has given Sublessor written notice specifically setting forth such default by Sublessor, Sublessee to Sublessor and to the holder of any first mortgage or deed of trust covering the Sublease Space and/or Building whose name and address shall have theretofore been furnished to Sublessee in writing. Said notice shall specify wherein Sublessor has failed to cure perform such default within said twenty obligation; provided, however, that if the nature of Sublessor's obligation is such that more than thirty (2030) day perioddays are required Sublessee's Initials: JC Sublessor's Initials: MLS for performance, or, in the event such default canthen Sublessor shall not be cured in default if Sublessor commences performance within said twenty such thirty (20) day period, then within an additional reasonable period of time so long as Sublessor has commenced curative action within said twenty (2030) day period and thereafter is diligently attempting prosecutes the same to cure such defaultcompletion. Sublessee further agrees not to invoke any of its remedies under this Sublease until said thirty (30) days have elapsed. In no event shall Sublessee have the event that Sublessor fails right 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, or xxxxx the rent or credit or offset damages against the rent provided for in this Sublease, as a result of Sublessor's default and Sublessee's remedies shall be limited to damages and/or an injunction. Except as otherwise provided herein, in no event shall Sublessor have the right to terminate this Sublease if Sublessee. fails to occupy the Sublease Space during all or any portion of the term of the Sublease: provided, however, that Sublessee is not in default beyond any applicable grace period or cure period.

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 shall deliver to Sublessee to be relieved from any of Sublessee’s obligations hereunder within five (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 (205) days after Sublessee has given Sublessor's receipt copies of all notices of default that Sublessor written notice specifically setting forth such default by Sublessor, and Sublessor has failed may receive pursuant 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 defaultLease. In the event that Sublessor shall default in the performance of any of Sublessor's obligations or duties under the Lease or this Sublease, Sublessee may notify Sublessor in writing of the default, and Sublessor shall have (a) seven (7) days from the date of the notice to cure any monetary default, (b) 30 days from the date of the notice to cure any non-monetary default, or (c) if a non-monetary default cannot with due LEGAL02/30664744v8 diligence be cured by Sublessor within said 30-day period, said period shall be extended for an additional reasonable time, provided that Sublessor commences to cure the default within said initial 30-day period and proceeds diligently thereafter to effect the cure thereof as quickly as possible. If Sublessor fails to cure such the default within said twenty period (20as same may be extended in accordance with the foregoing sentence) day period. or within said additional reasonable fails during any extended period to proceed diligently to effect its cure of timethe default, Sublessee will shall have the right to terminate this Sublease upon written notice to Sublessor, which such right shall not be entitled exclusive of any other right or remedy, but rather, cumulative and in addition to any other right or remedy now or hereafter existing at law or in equity. Without limiting any of the rights of Sublessee described in this paragraph, in the event that (x) Sublessor, for any reason, other than by reason of a default by Sublessee, fails to fulfill any covenant or provision of this Sublease on its part to be performed, and (y) such failure impairs or interferes with the conduct of Sublessee's business, as reasonably determined by Sublessee; and (z) such failure is not remedied within five (5) days after Sublessee provides Sublessor notice of such failure, then (i) cure Base Rent and other charges hereunder shall be abated as of the date of such default, in which event Sublessor will reimburse Sublessee on demand for all costs failure until such failure is remedied; 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 Sublessee shall have the right, but not the obligation, to remedy Sublessor's failure and charge Sublessor for the costs of such remedy, which costs shall be paid by Sublessor to Sublessee within ten (10) days of Sublessee's demand therefor, and upon Sublessor's failure to pay the same, Sublessee shall have the right to credit such costs against any future installments of Rent and other charges payable by Sublessee hereunder until such cost is fully recouped by Sublessee. The rights and remedies provided by law, and/or (iii) immediately terminate of Sublessee hereunder shall survive the expiration or earlier termination of this Sublease.