Common use of Default under Lease Clause in Contracts

Default under Lease. Subject to the terms and conditions hereof, ------------------- Sublessee covenants and agrees to refrain from doing or causing to be done, or permitting any act to be done by Sublessee's employees, agents, contractors, and invitees, which would constitute a default under the Lease or would cause the Lease or the rights of Sublessor as lessee under the Lease to be terminated or surrendered, or which would make Sublessor liable for any damages, claims or penalty under the Lease. Sublessee agrees that Sublessor shall have no liability to Sublessee as a consequence of Lessor's failure or delay in performing its obligations under the Lease, unless such failure or delay is a result of a "Sublessor's Lease Default". For purposes of this Sublease, the term "Sublessor's Lease Default" shall mean a default by Sublessor under the Lease which default is not due to a default by Sublessee hereunder with respect to the same obligation. Sublessee's obligations hereunder (including without limitation the obligation of Sublessee to pay Rents defined in Paragraph 5.4 below) shall not be impaired nor shall the performance thereof be excused because of any failure or delay on Lessor's part in performing its obligations under the Lease unless (i) such failure or delay results from Sublessor's being in default under the Lease and Sublessor's default thereunder is not due to a default of Sublessee hereunder, or (ii) such failure or delay results from Sublessor's negligence or willful misconduct. Under no circumstances shall Sublessee have the right to require performance by Sublessor of Lessor's obligations. In the event of the termination of Sublessor's interest as lessee under the Lease for any reason (other than a Sublessor's Lease Default), then this Sublease shall terminate concurrently therewith without any liability of Sublessor to Sublessee. Notwithstanding the foregoing or any provision herein to the contrary, Sublessor (i) at its sole cost shall perform all its obligations and comply with all conditions and terms of the Lease to the extent such obligations are not assumed by Sublessee under this. Sublease, and (ii) shall, pursuant to Paragraph 8 hereof, at Sublessee 5 request use diligent efforts to enforce a against Lessor all provisions benefiting Sublessee set forth in the Lease.

Default under Lease. Subject to the terms and conditions hereof, ------------------- Sublessee covenants and agrees to refrain from doing or causing to be done, or permitting any act to be done by Sublessee's employees, agents, contractors, and inviteesdone, which would constitute a default under the Lease or would might cause the Lease or the rights of Sublessor as lessee under the Lease to be terminated or surrendered, or which would or might make Sublessor liable for any damages, claims or penalty under penalty. Notwithstanding anything in this Sublease to the Lease. contrary, Sublessee agrees that Sublessor shall have no liability to Sublessee as a consequence of LessorLandlord's failure or delay in performing its obligations under the Lease, unless such failure or delay is a result of a "Sublessor's Lease Default". For purposes of this Sublease, the term "Sublessor's Lease Default" shall mean a default by Sublessor under the Lease which default is not due to a default by Sublessee hereunder with respect to the same obligation. Sublessee's obligations hereunder (including without limitation the obligation of Sublessee to pay Rents [defined in Paragraph 5.4 5.3 below]) shall not be impaired nor shall the performance thereof be excused because of any failure or delay on LessorLandlord's part in performing its obligations under the Lease unless (i) such failure or delay results from Sublessor's being in default under the Lease and Sublessor's default thereunder is not due to a default of Sublessee hereunder, or (ii) such failure or delay results from Sublessor's negligence or willful misconduct. Under no circumstances shall Sublessee have the right to require performance by Sublessor of LessorLandlord's obligations. In the event of the termination of Sublessor's interest as lessee under the Lease for any reason (other than a Sublessor's Lease Default)reason, then this Sublease shall terminate concurrently therewith without any liability of Sublessor to Sublessee. Notwithstanding the foregoing or any provision herein to the contrary, Sublessor (i) at its sole cost shall perform all its obligations and comply with all conditions and terms of the Lease to the extent such obligations are not assumed by Sublessee under this. Sublease, and (ii) shall, pursuant to Paragraph 8 hereof, at Sublessee 5 request use diligent efforts to enforce a against Lessor all provisions benefiting Sublessee set forth in the Lease.

Default under Lease. Subject So long as Sublessee shall timely make the payment required of it hereunder, Sublessor agrees to make timely all payments required to be made under the terms and conditions hereofLease, ------------------- Sublessee covenants and as amended. Each party hereto agrees to refrain from doing or causing to be done, or suffering or permitting any act to be done by Sublessee's employeesdone, agents, contractors, and invitees, any thing or act which would consul constitute a default under the Lease or would cause the Lease Lease, as amended, or the rights of Sublessor as lessee under the Lease to be terminated or surrendered, or which would make Sublessor liable for any damages, claims or penalty granted under the Lease, as amended, to be canceled or terminated, forfeited or surrendered. Sublessee Each party agrees that it will indemnify the other against any direct loss, liability, and expense (including, without limitation, reasonable attorney's fees and costs) arising out of any default under the Lease, as amended, caused by the indemnifying party. Sublessor shall have no liability to Sublessee as hereby irrevocably authorizes and directs Sublessee, upon receipt of any written notice form the landlord stating that a consequence default exists in the performance of LessorSublessor's failure or delay in performing its obligations under the Lease, unless such failure or delay is a result of a "Sublessor's Lease Default". For purposes of this Sublease, to pay to Landlord the term "Sublessor's Lease Default" shall mean a default by Sublessor rents due and to become due under the Lease which default is not due to a default by Sublease. Tenant agrees that Sublessee hereunder with respect to the same obligation. Sublessee's obligations hereunder (including without limitation the obligation of Sublessee to pay Rents defined in Paragraph 5.4 below) shall not be impaired nor shall the performance thereof be excused because of any failure or delay on Lessor's part in performing its obligations under the Lease unless (i) such failure or delay results from Sublessor's being in default under the Lease and Sublessor's default thereunder is not due to a default of Sublessee hereunder, or (ii) such failure or delay results from Sublessor's negligence or willful misconduct. Under no circumstances shall Sublessee have the right to require performance by Sublessor of Lessor's obligations. In rely upon any such statement and request from Landlord, and the event of Sublessee shall pay such rents to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice from or claim from Tenant to the termination of Sublessor's interest as lessee under the Lease contrary and Tenant shall have no right or claim against Sublessee for any reason (other than a Sublessor's Lease Default), then this Sublease shall terminate concurrently therewith without any liability of Sublessor to such rents so paid by Sublessee. Notwithstanding the foregoing or any provision herein to the contraryWithin three (3) days after receipt by Sublessor, Sublessor (i) at its sole cost shall perform all its obligations and comply with all conditions and terms deliver to Sublessee any notices of default, statements, bills and/or invoices Sublessor receives from Landlord under the Lease to the extent Sublessee is responsible therefore or such obligations are not assumed by Sublessee under thisnotices, statements, etc. Sublease, and (ii) shall, pursuant to Paragraph 8 hereof, at Sublessee 5 request use diligent efforts to enforce a against Lessor all provisions benefiting Sublessee set forth in the Leasereasonably could affect Sublessee.