Common use of DEFAULT BY SUBLESSOR Clause in Contracts

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. A. If any essential services (such as HVACExcept where the provisions of this Sublease grant Sublessee an express, 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, inviteesexclusive remedy, or agentsdeny Sublessee a remedy, if Sublessor should fail to perform or observe any covenant, term, provision or condition of this Sublease and such default should continue beyond a period of 30 days (or such longer period as is reasonably necessary to remedy such default, provided Sublessor shall continuously and diligently pursue such remedy at all times until such default is cured) following notice thereof by Sublessee to Sublessor, then Sublessee shall be entitled have as its sole and exclusive remedy the right to an abatement of Base Rent and Additional Rent during the period of interruption. Such right shall be construed as an additional remedy granted commence such actions at law or in equity to Sublessee and not in limitation of any other rights or remedies which Sublessee may have. B. If Sublessor defaults in the be entitled, including without limitation any action for specific performance or observance of any provision damages but expressly excluding an action to declare a termination of this AgreementSublease. The rights of Sublessee pursuant to this Paragraph 15.2 shall be subject to any express provisions of this Sublease providing for remedies different from, or in exclusion of, the remedies above-described. In no event shall Sublessor be liable to Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted and if such default shall not be cured for consequential or special damages by reason of a failure to perform (or default) 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 or Master Lessor 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 Agreementotherwise.

DEFAULT BY SUBLESSOR. A. If 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 essential services (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 HVACa result of the default of Sublessor and not Sublessee, passenger elevators if necessary for 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 accessattorneys' fees, snow removal, etc.) supplied by Sublessor are interrupted, and to the interruption does not result extent arising from the negligence or willful 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, 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 consent 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 periodunreasonably withheld, 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 defaultconditioned, 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 Agreementdelayed.

DEFAULT BY SUBLESSOR. A. If any essential services (such as HVACExcept where the provisions of this Sublease grant Sublessee an express, 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, inviteesexclusive remedy, or agentsdeny Sublessee a remedy, if Sublessor should fail to perform or observe any covenant, term, provision or condition of this Sublease and such default should continue beyond a period of thirty (30) days (or such longer period as is reasonably necessary to remedy such default, provided Sublessor shall continuously and diligently pursue such remedy at all times until such default is cured) following notice thereof by Sublessee to Sublessor, then Sublessee shall be entitled have as its sole and exclusive remedy the right to an abatement of Base Rent and Additional Rent during the period of interruption. Such right shall be construed as an additional remedy granted commence such actions at law or in equity to Sublessee and not in limitation of any other rights or remedies which Sublessee may have. B. If Sublessor defaults in the be entitled, including without limitation any action for specific performance or observance of any provision damages but expressly excluding an action to declare a termination of this AgreementSublease. The rights of Sublessee pursuant to this Paragraph 15.3 shall be subject to any express provisions of this Sublease providing for remedies different from, or in exclusion of, the remedies above-described. In no event shall Sublessor be liable to Sublessee for consequential or special damages by reason of a failure to perform (or default) by Sublessor or Master Lessor hereunder or otherwise. Sublessee shall give have the right, but not the obligation to cure any default by Sublessor notice specifying in what manner under the Master Lease and be reimbursed by Sublessor has defaulted and if for the actual amounts expended to cure any 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 Agreementupon demand from Sublessee.