Common use of Sublessor Default Clause in Contracts

Sublessor Default. If Sublessor shall fail to pay any sum of money required to be paid by it under the Master Lease, or shall fail to perform any other act on its part to be performed thereunder, and such failure could reasonably be expected to adversely impact Sublessee’s rights or use of the Subleased Premises and continues for five (5) Business Days after notice thereof by Sublessee, and Sublessor does not provide written notice to Sublessee that it disputes its obligation to perform such obligation (a “Sublessor Objection Notice”), Sublessee may, but shall not be obligated so to do, and without waiving or releasing Sublessor from any obligations of Sublessor, make any such payment or perform any such other act on Sublessor’s part to be made or performed as provided in the Master Lease. Notwithstanding the foregoing, Sublessor may only deliver a Sublessor Objection Notice with respect to any Sublessor obligation if Sublessor in good faith believes that Sublessor is not required to perform such obligation, and any Sublessor Objection Notice must set forth with reasonable particularity Sublessor’s reasons for its claim either that the applicable action did not need to be taken by Sublessor pursuant to this Sublease or the Master Lease or that Sublessee is not entitled to take such action on Sublessor’s behalf. If Sublessor delivers a Sublessor Objection Notice, Sublessee shall be entitled to seek equitable relief in any court of competent jurisdiction. Sublessor shall reimburse Sublessee for all reasonable costs incurred in connection with such payment or performance within thirty (30) days following demand. If not paid within ten (10) days following Sublessee’s delivery of written notice that such amounts are past due, Sublessee may offset unpaid amounts against future payments of Base Rent.

Sublessor Default. If Sublessor shall fail to pay any sum be in default of money required to be paid by it this Sublease if (i) Sublessor is in default under the Master LeaseLease (beyond any applicable grace period), or shall fail (ii) Sublessor fails or refuses to perform any other act on its part provisions of this Sublease that it is obligated to be performed thereunderperform, and such if the failure could reasonably be expected to adversely impact Sublessee’s rights or use of perform is not cured within ten (10) days after written notice specifying the Subleased Premises and continues for five (5) Business Days after notice thereof default has been given by Sublessee to Sublessor. Sublessee, and at any time after Sublessor does not provide written notice commits a default which Sublessor fails to Sublessee that it disputes its obligation timely cure, can cure the default at Sublessor’s cost or seek to perform such obligation (a “Sublessor Objection Notice”), Sublessee may, but shall not be obligated so to do, and without waiving or releasing Sublessor from any specifically enforce the obligations of SublessorSublessor under this Sublease. If Sublessee, make at any such payment or perform any such other act on time, by reason of Sublessor’s part to be made default, pays any sum or performed as provided in does any reasonable act that requires the Master Lease. Notwithstanding payment of any sum, the foregoing, Sublessor may only deliver a Sublessor Objection Notice with respect to any Sublessor obligation if Sublessor in good faith believes that Sublessor is not required to perform such obligation, and any Sublessor Objection Notice must set forth with reasonable particularity Sublessor’s reasons for its claim either that the applicable action did not need to be taken sum paid by Sublessor pursuant to this Sublease or the Master Lease or that Sublessee is not entitled to take such action on Sublessor’s behalf. If Sublessor delivers a Sublessor Objection Notice, Sublessee shall be entitled due from Sublessor to seek equitable relief in any court of competent jurisdiction. Sublessor shall reimburse Sublessee for all reasonable costs incurred in connection with such payment or performance within thirty (30) days following demand. If not paid within ten (10) days following SublesseeSublessor’s delivery receipt of written notice that from Sublessee of the amount due. Sublessee shall have the right to deduct such amounts are past duesum from the rent due hereunder if Sublessor fails to reimburse Sublessee as provided herein. Any and all rights, remedies and options given in this Sublease to Sublessee may offset unpaid amounts against future payments of Base Rentshall be cumulative and in addition to and without waiver of, or in derogation of, any right or remedy given to it under any law now or hereafter in effect.

Sublessor Default. If Sublessor shall fail to be in default under this Sublease if Sublessor fails to: (a) pay any sum obligation of money required to be paid by it Sublessor under the Master Lease, or shall fail to Lease and said failure continues for three (3) business days after receipt of notice from Sublessee of the same; (b) perform any other act on its part to be performed thereunder, or acts required by Sublessor under the Lease and said failure continues for three (3) business days after receipt of notice from Sublessee or Lessor of the same; (c) perform any act or acts required of Sublessor by this Sublease and such failure could reasonably be expected to adversely impact Sublessee’s rights or use of the Subleased Premises and continues for five (5) Business Days after notice thereof by Sublessee, and Sublessor does not provide written notice to Sublessee that it disputes its obligation to perform such obligation (a “Sublessor Objection Notice”), Sublessee may, but shall not be obligated so to do, and without waiving or releasing Sublessor from any obligations of Sublessor, make any such payment or perform any such other act on Sublessor’s part to be made or performed as provided in the Master Lease. Notwithstanding the foregoing, Sublessor may only deliver a Sublessor Objection Notice with respect to any Sublessor obligation if Sublessor in good faith believes that Sublessor is not required to perform such obligation, and any Sublessor Objection Notice must set forth with reasonable particularity Sublessor’s reasons for its claim either that the applicable action did not need to be taken by Sublessor pursuant to this Sublease or the Master Lease or that Sublessee is not entitled to take such action on Sublessor’s behalf. If Sublessor delivers a Sublessor Objection Notice, Sublessee shall be entitled to seek equitable relief in any court of competent jurisdiction. Sublessor shall reimburse Sublessee for all reasonable costs incurred in connection with such payment or performance within thirty (30) days following demandafter receipt of notice from Sublessee or (d) any other default under the terms of the Master Lease. In the event of a default by Sublessor, including without limitation a default under subclause (a) above, Sublessee may pay or perform any obligation of Sublessor, in addition to the right to exercise all other legal and equitable remedies of Sublessee (including, without limitation, the right to immediately terminate the Sublease). If not paid Sublessee elects to pay or perform any such obligation of Sublessor, Sublessor shall, within ten twenty (1020) days following of demand, reimburse Sublessee the reasonable amount paid or out-of-pocket costs or expenses so incurred by Sublessee’s delivery of written notice that such amounts are past due. If Sublessor fails to timely pay or reimburse Sublessee for any amount owed to Sublessee under this Sublease by Sublessor, Sublessee may offset unpaid amounts the amount so owed or to be reimbursed against future payments of Base RentRent along with interest at the highest rate permitted by law.