Common use of Quiet Enjoyment; Right to Cure Clause in Contracts

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee pays all Rent and performs all of Sublessee’s covenants and agreements contained therein. In the event, however, that Sublessor defaults in the performance or observance of any of Sublessor’s obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this Sublease, then Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted, and if such default shall not be cured by Sublessor within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such cure), then in addition, as between Sublessor and Sublessee, Sublessee shall be entitled, at Sublessee’s option, to cure such default and promptly collect from Sublessor Sublessee’s reasonable expenses in so doing (including, without limitation, reasonable attorneys’ fees and court costs).

Appears in 2 contracts

Samples: Sublease (Linkedin Corp), Sublease (Actel Corp)

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Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee pays all Rent and Additional Rent and performs all of Sublessee’s 's covenants and agreements contained thereinherein. In the event, however, that Sublessor defaults in the performance or observance of any of Sublessor’s its obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s 's stated obligations under this SubleaseSublease to enforce, for Sublessee's benefit, the Landlord's obligations under the Lease, then Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted, and if such default shall not be cured by Sublessor within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then in addition, as between Sublessor and Sublessee, Sublessee shall be entitled, at Sublessee’s 's option, to cure such default and promptly collect from Sublessor Sublessee’s 's reasonable expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs). Sublessee shall not be required, however, to wait the entire cure period described herein if earlier action is required to avoid a forfeiture of the Lease or to comply with any applicable governmental law, regulation or order.

Appears in 1 contract

Samples: Lease Agreement (Active Software Inc)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee Subtenant shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee Subtenant pays all Rent and performs all of SublesseeSubtenant’s covenants and agreements contained thereinherein. In the event, however, that Sublessor If Sublandlord defaults in the performance or observance of any of SublessorSublandlord’s Remaining Obligations or fails to perform Sublandlord’s stated obligations under this Sublease to enforce, for Subtenant’s benefit, Master Landlord’s obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this SubleaseLease, then Sublessee Subtenant shall give Sublessor Sublandlord notice specifying in what manner Sublessor Sub landlord has defaulted, and if such default shall not be cured by Sublessor Sublandlord within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day 30-day period, this period shall be extended for an additional reasonable time, provided that Sublessor Sublandlord commences to cure such default within such thirty (30)-day 30-day period and proceeds diligently thereafter to effect such curecure as quickly as possible except where there is imminent danger of injury to person or property (“Imminent Injury”, Sublandlord shall cure such default promptly), then in addition, as between Sublessor and Sublessee, Sublessee Subtenant shall be entitled, at SublesseeSubtenant’s option, to cure such default and promptly collect from Sublessor SublesseeSublandlord Subtenant’s reasonable expenses in so doing (includingdoing. Subtenant shall not be required, without limitationhowever, reasonable attorneys’ fees and court costs)to wait the entire cure period described herein if earlier action is required to comply with the Master Lease or with any applicable governmental law, regulation or order, or in the case of Imminent Injury if Sublandlord does not promptly cure such default.

Appears in 1 contract

Samples: Lease Agreement (DemandTec, Inc.)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, A. Sublessee shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee pays all Rent and performs all of Sublessee’s 's covenants and agreements contained therein. In the event, however, that Sublessor defaults in the performance or observance of any of Sublessor’s obligations 's Remaining Obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s 's stated obligations under this SubleaseSublease to enforce, for Sublessee's benefit, Master Lessor's obligations under the Master Lease, then Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted, and if such default shall not be cured by Sublessor within thirty twenty (3020) days thereafter (except that if such default cannot be cured within said thirty twenty (30)-day 20)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor commences to cure such default within such thirty twenty (30)-day 20)-day period and proceeds diligently thereafter to effect such curecure as soon as reasonably possible), then in addition, as between Sublessor and Sublessee, Sublessee shall be entitled, at Sublessee’s 's option, to cure such default and promptly collect from Sublessor Sublessee’s 's reasonable out-of-pocket expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs). Sublessee shall not be required, however, to wait the entire cure period described herein if (i) Sublessor’s default poses a material and imminent risk to the health or safety of persons, or (ii) earlier action is required to comply with any applicable governmental law, regulation or order. Sublessor shall reimburse Sublessee for the reasonable out of pocket costs incurred by Sublessee in accordance with the terms of this Paragraph 27 (the “Reimbursement Amount”) within thirty (30) days after Sublessee’s submission to Sublessor of Sublessee’s xxxx therefor, which xxxx shall be accompanied by receipted, itemized invoices (with reasonable supporting documentation) for the material or services reflected in the xxxx. In the event Sublessor fails to pay all or any portion of the Reimbursement Amount due Sublessee under this Paragraph 27 within thirty (30) days after receipt of Sublessee’s xxxx therefore, interest shall accrue on such delinquent amount at the Interest Rate until such delinquent amount has been paid or fully offset (as provided hereinbelow), and Sublessee may with ten (10) business days prior notice to Sublessor that it has elected to do so, offset such delinquent amount against the monthly Base Rent due from Sublessee. Notwithstanding the foregoing, if Sublessor delivers to Sublessee a good faith written objection notice within five (5) business days after receipt of Sublessee’s notice of intent to offset, setting forth with reasonable particularity Sublessor’s reasons for its claim that Sublessor is not required to pay Sublessee all or any specified portion of the Reimbursement Amount, then Sublessee shall not be entitled to offset the disputed portion of the Reimbursement Amount, but Sublessee may institute arbitration proceedings against Sublessor pursuant to Paragraph 27.B below to collect such amount; provided, however, that in the event Sublessee is prevented from instituting an arbitration proceeding because of the existence of the automatic stay under applicable bankruptcy law, Sublessor shall bring a motion to modify the automatic stay to allow Sublessor to arbitrate Sublessee’s entitlement to, and the amount of the offset to which Sublessee is entitled, if any, within ten (10) business days after Sublessor’s receipt of demand from Sublessee that Sublessor do so, and if Sublessor shall fail to bring such motion within said ten (10) business day period, then notwithstanding the provisions of this sentence to the contrary, Sublessee shall have the right to proceed to offset the disputed amount against monthly Base Rent due from Sublessee as provided in the immediately preceding sentence of this Paragraph 27.

Appears in 1 contract

Samples: Lease (Palo Alto Networks Inc)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee Sub-subtenant shall peacefully have, hold and enjoy the Subleased Demised Premises, subject to the terms and conditions of this SubleaseAgreement, provided that Sublessee Sub-subtenant pays all Basic Rent and Additional Rent and performs all of Sublessee’s Sub-subtenant's covenants and agreements contained thereinherein. In the event, however, that Sublessor Sub-sublessor defaults in the performance or observance of any of Sublessor’s Sub-sublessor's obligations hereunder or under the Master Lease that are not made the obligations of Sublessee under this Sublease, Main Sublease or fails to perform Sublessor’s stated obligations under this SubleaseMain Lease, then Sublessee Sub-subtenant shall give Sublessor Sub-sublessor notice specifying in what manner Sublessor Sub-sublessor has defaulted, and if such default shall not be cured by Sublessor Sub-sublessor within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor Sub-sublessor diligently commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then in addition, as between Sublessor and Sublessee, Sublessee Sub-subtenant shall be entitled, at Sublessee’s Sub-subtenant's option, to cure such default and promptly collect from Sublessor Sublessee’s Sub-sublessor Sub-subtenant's reasonable expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs). Sub-subtenant shall not be required, however, to wait the entire cure period described herein if earlier action is required to comply with the Main Lease or Main Sublease or with any applicable governmental law, regulation or order. Sub-sublessor shall provide copies to Sub-subtenant of all notices received from Landlord and/or Sublessor.

Appears in 1 contract

Samples: Sub Sublease Agreement (Idealab)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee Subtenant shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee Subtenant pays all Basic Rent and Operating Expenses and performs all of Sublessee’s Subtenant's covenants and agreements contained thereinherein. In the event, however, that Sublessor defaults in the performance or observance of any of Sublessor’s 's obligations hereunder or under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this SubleaseMain Lease, then Sublessee Subtenant shall give Sublessor notice specifying in what manner Sublessor has defaulted, and if such default shall not be cured by Sublessor within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then then, upon the passage of five (5) business days after the date of a second written notice from Subtenant of the default, if Sublessor has failed to so cure, in addition, as between Sublessor and Sublessee, Sublessee Subtenant shall be entitled, at Sublessee’s Subtenant's option, to cure such default and promptly collect from Sublessor Sublessee’s Subtenant's reasonable expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs). Subtenant shall not be required, however, to wait the entire cure period described herein if earlier action is required to comply with the Main Lease or with any applicable governmental law, regulation or order. Sublessor shall provide copies to Subtenant of all notices received from landlord pursuant to the Main Lease.

Appears in 1 contract

Samples: Assignment and Assumption of Sublease and Sub (Sonoma Systems)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, A. Sublessee shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee pays all Rent and performs all of Sublessee’s covenants and agreements contained therein. In the event, however, that Sublessor defaults in the performance or observance of any of Sublessor’s obligations Remaining Obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this SubleaseSublease to enforce, for Sublessee’s benefit, Master Lessor’s obligations under the Master Lease, then Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted, and if such default shall not be cured by Sublessor within thirty twenty (3020) days thereafter (except that if such default cannot be cured within said thirty twenty (30)-day 20)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor commences to cure such default within such thirty twenty (30)-day 20)-day period and proceeds diligently thereafter to effect such curecure as soon as reasonably possible), then in addition, as between Sublessor and Sublessee, Sublessee shall be entitled, at Sublessee’s option, to cure such default and promptly collect from Sublessor Sublessee’s reasonable out-of-pocket expenses in so doing (including, without limitation, reasonable attorneys’ fees and court costs). Sublessee shall not be required, however, to wait the entire cure period described herein if (i) Sublessor’s default poses a material and imminent risk to the health or safety of persons, or (ii) earlier action is required to comply with any applicable governmental law, regulation or order. Sublessor shall reimburse Sublessee for the reasonable out of pocket costs incurred by Sublessee in accordance with the terms of this Paragraph 27 (the “Reimbursement Amount”) within thirty (30) days after Sublessee’s submission to Sublessor of Sublessee’s xxxx therefor, which xxxx shall be accompanied by receipted, itemized invoices (with reasonable supporting documentation) for the material or services reflected in the xxxx. In the event Sublessor fails to pay all or any portion of the Reimbursement Amount due Sublessee under this Paragraph 27 within thirty (30) days after receipt of Sublessee’s xxxx therefore, interest shall accrue on such delinquent amount at the Interest Rate until such delinquent amount has been paid or fully offset (as provided herein below), and Sublessee may with ten (10) business days prior notice to Sublessor that it has elected to do so, offset such delinquent amount against the monthly Base Rent due from Sublessee. Notwithstanding the foregoing, if Sublessor delivers to Sublessee a good faith written objection notice within five (5) business days after receipt of Sublessee’s notice of intent to offset, setting forth with reasonable particularity Sublessor’s reasons for its claim that Sublessor is not required to pay Sublessee all or any specified portion of the Reimbursement Amount, then Sublessee shall not be entitled to offset the disputed portion of the Reimbursement Amount, but Sublessee may institute arbitration proceedings against Sublessor pursuant to Paragraph 27.A below to collect such amount; provided, however, that in the event Sublessee is prevented from instituting an arbitration proceeding because of the existence of the automatic stay under applicable bankruptcy law, Sublessor shall bring a motion to modify the automatic stay to allow Sublessor to arbitrate Sublessee’s entitlement to, and the amount of the offset to which Sublessee is entitled, if any, within ten (10) business days after Sublessor’s receipt of demand from Sublessee that Sublessor do so, and if Sublessor shall fail to bring such motion within said ten (10) business day period, then notwithstanding the provisions of this sentence to the contrary, Sublessee shall have the right to proceed to offset the disputed amount against monthly Base Rent due from Sublessee as provided in the immediately preceding sentence of this Paragraph 27.

Appears in 1 contract

Samples: Sublease (Gigamon Inc.)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee Sub-Subtenant shall peacefully have, hold and enjoy the Sub-Subleased Premises, subject to the terms and conditions of this Sub-Sublease, provided that Sublessee Sub-Subtenant pays all Basic Rent and additional rent owing under the Main Lease (and performs all of Sublessee’s Sub-Subtenant's covenants and agreements contained thereinherein. In the event, however, that Sub-Sublessor defaults in the performance or observance of any of Sub-Sublessor’s 's obligations hereunder or under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this Sublease, then Sublessee Sub-Subtenant shall give Sub-Sublessor notice specifying in what manner Sub-Sublessor has defaulted, and if such default shall not be cured by Sub-Sublessor within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day period, this period shall be extended for an additional reasonable time, provided that Sub-Sublessor commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then then, upon the passage of five (5) business days after the date of a second written notice from Sub-Subtenant of the default, if Sub-Sublessor has failed to so cure, in addition, as between Sublessor and Sublessee, Sublessee Sub-Subtenant shall be entitled, at Sublessee’s Sub-Subtenant's option, to cure such default and promptly collect from Sub-Sublessor Sublessee’s Sub-Subtenant's reasonable expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs). Sub-Subtenant shall not be required, however, to wait the entire cure period described herein if earlier action is required to comply with the Main Lease or with any applicable governmental law, regulation or order. Sub-Sublessor shall provide copies to Sub-Subtenant of all notices received from landlord pursuant to the Main Lease and from Sublessor pursuant to the Sublease.

Appears in 1 contract

Samples: Sub Sublease Agreement (Retix)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee Subtenant shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee Subtenant pays all Rent and Subtenant's Allocable Share of Expenses and Taxes and performs all of Sublessee’s Subtenant's covenants and agreements contained thereinherein. In the event, however, that Sublessor Sublandlord defaults in the performance or observance of any of Sublessor’s Sublandlord's Remaining Obligations or fails to perform Sublandlord's stated obligations under this Sublease to enforce, for Subtenant's benefit, Master Landlord's obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this SubleaseLease, then Sublessee Subtenant shall give Sublessor Sublandlord notice specifying in what manner Sublessor Sublandlord has defaulted, and if such default shall not be cured by Sublessor Sublandlord within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor Sublandlord commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then in addition, as between Sublessor and Sublessee, Sublessee Subtenant shall be entitled, at Sublessee’s Subtenant's option, to cure such default and promptly collect from Sublessor Sublessee’s Sublandlord Subtenant's reasonable expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs). Subtenant shall not be required, however, to wait the entire cure period described herein if earlier action is required to comply with the Master Lease or with any applicable governmental law, regulation or order.

Appears in 1 contract

Samples: Sublease (Liberate Technologies)

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Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee Sub-Subtenant shall peacefully have, ------------------------------ hold and enjoy the Sub-Subleased Premises, subject to the terms and conditions of this Sub-Sublease, provided that Sublessee Sub-Subtenant pays all Monthly Basic Rent and Additional Rent owing under this Sub-Sublease (and performs all other of Sublessee’s Sub-Subtenant's covenants and agreements contained thereinherein). In the event, however, that Sub-Sublessor defaults in the performance or observance of any of Sub-Sublessor’s 's obligations hereunder or under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this Sublease, then Sublessee Sub-Subtenant shall give Sub-Sublessor notice specifying in what manner Sub-Sublessor has defaulted, and if such default shall not be cured by Sub-Sublessor within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day period, this period shall be extended for an additional reasonable time, provided that Sub-Sublessor commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then then, upon the passage of five (5) business days after the date of a second written notice from Sub-Subtenant of the default, if Sub-Sublessor has failed to so cure, in addition, as between Sublessor and Sublessee, Sublessee Sub-Subtenant shall be entitled, at Sublessee’s Sub-Subtenant's option, to cure such default and promptly collect from Sub-Sublessor Sublessee’s Sub-Subtenant's reasonable expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs). Sub-Sublessor shall provide copies to Sub-Subtenant of all notices received from landlord pursuant to the Main Lease and from Sublessor pursuant to the Sublease.

Appears in 1 contract

Samples: Sub Sublease Agreement (Retix)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee Subtenant shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee Subtenant pays all Rent and performs all of SublesseeSubtenant’s covenants and agreements contained thereinherein. In the event, however, that Sublessor If Sublandlord defaults in the performance or observance of any of SublessorSublandlord’s Remaining Obligations or fails to perform Sublandlord’s stated obligations under this Sublease to enforce, for Subtenant’s benefit, Master Landlord’s obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this SubleaseLease, then Sublessee Subtenant shall give Sublessor Sublandlord notice specifying in what manner Sublessor Sublandlord has defaulted, and if such default shall not be cured by Sublessor Sublandlord within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day 30-day period, this period shall be extended for an additional reasonable time, provided that Sublessor Sublandlord commences to cure such default within such thirty (30)-day 30-day period and proceeds diligently thereafter to effect such curecure as quickly as possible except where there is imminent danger of injury to person or property (“Imminent Injury”, Sublandlord shall cure such default promptly), then in addition, as between Sublessor and Sublessee, Sublessee Subtenant shall be entitled, at Sublessee’s Subtenant’s, option, to cure such default and promptly collect from Sublessor SublesseeSublandlord Subtenant’s reasonable expenses in so doing (includingdoing. Subtenant shall not be required, without limitationhowever, reasonable attorneys’ fees and court costs)to wait the entire cure period described herein if earlier action is required to comply with the Master Lease or with any applicable governmental law, regulation or order, or in the case of Imminent Injury if Sublandlord does not promptly cure such default.

Appears in 1 contract

Samples: Lease Agreement (DemandTec, Inc.)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee shall peacefully have, hold and enjoy the Subleased Premises, Premises subject to the terms and conditions of this Sublease, provided that Sublessee pays all Rent and performs all of Sublessee’s covenants and agreements contained therein. In the event, however, that Sublessor defaults in the performance or observance of any of Sublessor’s 's Remaining Obligations (as defined in this Sublease) without the fault of Sublessee, or fails to enforce, for Sublessee's benefit, Master Lessor's obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, or fails to perform Sublessor’s stated obligations under this SubleaseLease, then Sublessee shall give Sublessor written notice specifying in what manner Sublessor has defaulted, and if such default shall not be cured by Sublessor within thirty (30) days thereafter (except that if is such default cannot be cured within said thirty (30)-day 30-day period, this period shall be extended for an additional reasonable time, provided that Sublessor commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then in addition, as between Sublessor and Sublessee, Sublessee shall be entitled, at Sublessee’s 's option, to cure such default and promptly collect from Sublessor Sublessee’s 's reasonable expenses expense in so doing (including, without limitation, reasonable attorneys' fees and court costs). Sublessee shall not be required, however, to wait the entire cure period described herein if earlier action is required or mandated by a third party to comply with the Master Lease or with any applicable governmental law, regulation or order.

Appears in 1 contract

Samples: Measurement Specialties Inc

Quiet Enjoyment; Right to Cure. As between Sublessor So long as Sublessee is not in default of this Sublease and provided further that Sublessee pays all Base Rent and Additional Rent and performs all of Sublessee's covenants and agreements contained herein, Sublessee shall peacefully have, hold and enjoy the Subleased Premises, subject to the terms and conditions of this Sublease, provided that Sublessee pays all Rent and performs all of Sublessee’s covenants and agreements contained therein. In the eventIf, however, that Sublessor defaults in the performance or observance of any of Sublessor’s obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, 's Remaining Obligations or fails to perform Sublessor’s 's stated obligations under this SubleaseSublease to enforce, for Sublessee's benefit, Master Lessor's obligations under the Master Lease, then Sublessee shall give Sublessor notice specifying in what manner Sublessor has defaulted, and if such default shall not be cured by Sublessor within thirty (30) days thereafter (except that if such default cannot be cured within said thirty (30)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor commences to cure such default within such thirty (30)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then then, in addition, as between Sublessor and Sublessee, Sublessee shall be entitled, at Sublessee’s 's option, to cure such default and promptly collect from Sublessor Sublessee’s 's reasonable expenses in so doing (including, without limitation, reasonable attorneys' fees and court costs). Sublessee shall not be required, however, to wait the entire cure period described herein if earlier action is required to comply with the Master Lease or with any applicable governmental law, regulation or order. Sublessor shall promptly provide to Sublessee copies of all notices, including notices of default, received by Sublessor from Master Lessor.

Appears in 1 contract

Samples: Lease Agreement (Accrue Software Inc)

Quiet Enjoyment; Right to Cure. As between Sublessor and Sublessee, Sublessee shall peacefully have, hold and enjoy the Subleased Sublease Premises, subject to the terms and conditions of this Sublease, provided that Sublessee pays all Rent and performs all of Sublessee’s covenants and agreements contained thereinherein. In the event, however, that Sublessor defaults in the performance or observance of any of Sublessor’s obligations under the Master Lease that are not made the obligations of Sublessee under this Sublease, Remaining Obligations or fails to perform Sublessor’s stated obligations under this SubleaseSublease to enforce, for Sublessee’s benefit, Landlord’s obligations under the Master Lease, then Sublessee shall may give Sublessor notice specifying in what manner Sublessor has defaulted, and (i) if such default involves the failure to pay Rent due under the Master Lease, and such default shall not be cured within five (5) days thereafter, or (ii) if such default involves any other of Sublessor’s Remaining Obligations and such default is not cured by Sublessor within thirty twenty (3020) days thereafter (except that if such default cannot be cured within said thirty twenty (30)-day 20)-day period, this period shall be extended for an additional reasonable time, provided that Sublessor commences to cure such default within such thirty twenty (30)-day 20)-day period and proceeds diligently thereafter to effect such curecure as quickly as possible), then in addition, as between Sublessor and Sublessee, Sublessee without releasing Sublessor from any obligations of Sublessor hereunder, shall be entitled, at Sublessee’s option, to cure such default and promptly collect from Sublessor Sublessee’s reasonable expenses in so doing (including, without limitation, reasonable attorneys’ fees and court costs). Sublessee shall not be required, however, to wait the entire cure period described herein if earlier action is required to comply with the Master Lease or with any applicable governmental law, regulation or order. Sublessor shall provide to Sublessee, within twenty-four (24) hours after receipt by Sublessor, copies of all notices, including, without limitation, notices of default, received by Sublessor from Landlord.

Appears in 1 contract

Samples: Lease Agreement (Palm Inc)

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