Sublessor Default. In the event that Sublessor defaults (through no fault of Sublessee) in the performance or observance of any of Sublessor's obligations under the Master Lease which obligations are not required to be performed by Sublessee hereunder 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 as quickly as possible), then Sublessee shall be entitled 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), or, at Sublessee's option, to offset such reasonable expenses against all future payments of rent and additional rent due under the Sublease.
Appears in 1 contract
Sources: Sublease (Annuncio Software Inc)
Sublessor Default. In the event that Sublessor defaults (through no fault of Sublessee) in the performance or observance a default of any term or provision of Sublessor's obligations under the Master Lease which obligations are not required to be performed by Sublessee hereunder 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 Sublease by Sublessor within and upon expiration of thirty (30) days thereafter (except that if days’ prior written notice from Sublessee to Sublessor notifying Sublessor of such default cannot be cured within said and a failure to cure such default by Sublessor during such thirty (30) day period, this period shall be extended for an additional reasonable time; (provided that Sublessor commences to cure if any such default cannot with due diligence be cured within such thirty (30) day period and proceeds diligently thereafter to effect if the cure of such cure as quickly as possible), then Sublessee default shall be entitled promptly commenced (but in any event within such thirty (30) day period) and prosecuted with diligence, the period within which such default may be cured shall be extended for such additional days as may be necessary to (not to exceed 120 additional days as may be reasonably necessary to cure such default with diligence and promptly collect from Sublessorcontinuity.) If said default is not timely cured by Sublessor Sublessee shall have the right to pursue all remedies allowed to Sublessee at law or in equity, Sublessee's reasonable expenses in so doing (includingincluding but not limited to suit for damages or specific performance; provided, without limitationhowever, reasonable attorneys' fees and court costs), or, at Sublessee's option, Sublessee shall not have the right to offset such reasonable expenses against all future payments of rent and additional rent any Rent due under hereunder nor have the right to terminate this Sublease.
Appears in 1 contract
Sources: Sublease (Inland Western Retail Real Estate Trust Inc)