Common use of SUBTENANT’S DEFAULT Clause in Contracts

SUBTENANT’S DEFAULT. If Subtenant is late in the payment of Base Rent or any other charges required of Subtenant hereunder, and the same remains delinquent for more than five (5) business days after Sublandlord provides Subtenant notice of the same, or if Subtenant defaults in performing any other of its obligations hereunder (including, but not limited to, obligations under the Master Lease that are incorporated into this Sublease), and such non-monetary default is not cured within ten (10) days after written notice to Subtenant provided, however, if Subtenant’s failure to comply cannot reasonably be cured within ten (10) days, Subtenant shall be allowed additional time (not to exceed 45 days) as is reasonably necessary to cure the failure so long as Subtenant begins the cure within ten (10) days and diligently pursues the cure to completion; or if Subtenant is adjudicated a bankrupt; or if a permanent receiver is appointed for Subtenant’s property, including any interest Subtenant may have in the Premises; or if, whether voluntarily or involuntarily, Subtenant files or is subject to creditor relief proceedings under any present or future law; or if Subtenant makes an assignment for benefit of creditors; or if the Premises or Subtenant’s property or interest herein should be levied upon or attached and not satisfied or dissolved within thirty (30) days; then, and in any said events, at Sublandlord’s option and upon Sublandlord’s notice to Subtenant of a termination of the Sublease, Subtenant shall at once surrender possession of the Premises to Sublandlord and remove all of Subtenant’s property and effects therefrom; and Sublandlord may forthwith re-enter the Premises and repossess same, and remove all persons and effects therefrom, using such force as may be necessary without being guilty of trespass, forcible entry or detained or other tort. In addition, Sublandlord shall have the right to pursue any and all other remedies available at law and in equity to recover from Subtenant all amounts then due or thereafter accruing and such other damages as are caused by Subtenant’s default. No course of dealing between Sublandlord and Subtenant or any delay on the part of Sublandlord in exercising any rights Sublandlord may have under this Sublease shall operate as a waiver of any of the rights of Sublandlord hereunder, nor shall any waiver or prior default operate as a waiver of any subsequent default. In exercising its rights and remedies under this Sublease, Sublandlord shall be entitled to recover from Subtenant all costs incurred, including, without limitation, reasonable attorneys’ fees actually incurred. No termination of this Sublease prior to the expiration thereof by lapse of time, by default of either party or otherwise shall affect Sublandlord’s right to collect Base Rent or charges due hereunder for the period prior to termination by either party.

SUBTENANT’S DEFAULT. If (a) Subtenant is late shall default in the payment of Base Rent or fulfilling any other charges required of Subtenant hereunder, and the same remains delinquent for more than five (5) business days after Sublandlord provides Subtenant notice of the sameterms, conditions or agreements hereof, other than the covenants to pay Base Rent, Additional Rent, or if Subtenant defaults in performing any other Rent, or of its obligations hereunder (including, but not limited to, obligations under the Master Primary Lease that are incorporated into this Sublease)as herein incorporated, and such non-monetary default is shall not cured have been remedied (or proper corrective measures to cure such default commenced and after commencement diligently and continuously prosecuted in good faith) within ten (10) days after written notice from the Sublandlord, Sublandlord may give Subtenant three (3) days notice of its intention to end the term of this Sublease, and, at the end of said three (3) days, the term of this Sublease shall expire with the same effect as if that day were the date hereinabove set forth for the termination of the term hereof, but Subtenant shall remain liable to the extent provided under the environmental compliance provisions of Section 29 of the Primary Lease applicable to Subtenant as provided herein and for payment of the Rent, the entire unpaid amount of which shall thereupon become immediately due, together with costs of collection (including reasonable attorneys’ fees) and interest thereon at the Interest Rate (as defined herein), or (b) Subtenant shall fail to pay the Base Rent, any Additional Rent, or any other Rent as provided herein, then Sublandlord may, unless Subtenant shall have cured such default within three (3) business days after written notice thereof from Sublandlord (provided, however, Sublandlord shall not be required to provide written notice of any default if Sublandlord has already provided written notice on any default hereunder during the twelve month period preceding the current default) in addition to exercising any other right or remedies available to Sublandlord hereunder or at law or in equity, exercise all of the remedies of the Primary Landlord set forth in Section 24 of the Primary Lease. Any repossession by Sublandlord in the exercise of Sublandlord’s remedies shall not terminate Subtenant’s failure obligations hereunder, absent a termination notice from Sublandlord. If this Sublease is terminated by Sublandlord pursuant to comply cannot reasonably be cured within ten the foregoing provisions of clause (10b) daysof this Section 9, Subtenant shall be allowed additional time remain liable to Sublandlord for (not i) any Rent due prior to exceed 45 days) as is reasonably necessary to cure the failure so long as Subtenant begins the cure within ten (10) days and diligently pursues the cure to completion; or if Subtenant is adjudicated a bankrupt; or if a permanent receiver is appointed for Subtenant’s property, including any interest Subtenant may have in the Premises; or if, whether voluntarily or involuntarily, Subtenant files or is subject to creditor relief proceedings under any present or future law; or if Subtenant makes an assignment for benefit of creditors; or if the Premises or Subtenant’s property or interest herein should be levied upon or attached and not satisfied or dissolved within thirty (30) days; thentermination, and in any said events(ii) the payment of Rent, at Sublandlord’s option the entire unpaid amount of which shall thereupon become immediately due and upon Sublandlord’s notice to Subtenant payable, together with costs of a termination of the Sublease, Subtenant shall at once surrender possession of the Premises to Sublandlord and remove all of Subtenant’s property and effects therefrom; and Sublandlord may forthwith re-enter the Premises and repossess same, and remove all persons and effects therefrom, using such force as may be necessary without being guilty of trespass, forcible entry or detained or other tort. In addition, Sublandlord shall have the right to pursue any and all other remedies available at law and in equity to recover from Subtenant all amounts then due or thereafter accruing and such other damages as are caused by Subtenant’s default. No course of dealing between Sublandlord and Subtenant or any delay on the part of Sublandlord in exercising any rights Sublandlord may have under this Sublease shall operate as a waiver of any of the rights of Sublandlord hereunder, nor shall any waiver or prior default operate as a waiver of any subsequent default. In exercising its rights and remedies under this Sublease, Sublandlord shall be entitled to recover from Subtenant all costs incurred, including, without limitation, collection (including reasonable attorneys’ fees actually incurredfees) and interest thereon at the Interest Rate. No termination of this Sublease prior When used herein, the term “Interest Rate” shall mean the per annum rate equal to the expiration thereof by lapse of time, by default of either party lesser of: (a) the Prime Rate as published in the Wall Street Journal on the date the amount in question was due plus 5%; or otherwise shall affect Sublandlord’s right to collect Base Rent or charges due hereunder for the period prior to termination by either party(b) 15%.

SUBTENANT’S DEFAULT. If Subtenant is late in the payment The occurrence of Base Rent or any other charges required of Subtenant hereunder, and the same remains delinquent for more than five (5) business days after Sublandlord provides Subtenant notice of the same, following shall constitute a material default and breach of this Sublease by Subtenant: a) Any failure by Subtenant to pay any rent under this Sublease on or if Subtenant defaults in performing any other of its obligations hereunder before the date such rent is due under this Sublease which failure continues for fifteen (including, but not limited to, obligations under the Master Lease that are incorporated into this Sublease), and such non-monetary default is not cured within ten (1015) days after written notice from Sublandlord to Subtenant (provided that Sublandlord shall not be required to give Subtenant notice more than one time in any twelve (12) month period); b) A failure by Subtenant to observe and perform any other provision of this Sublease to be observed or performed by Subtenant, where such failure continues for thirty (30) days after written notice thereof by Sublandlord to Subtenant, provided, however, that if Subtenant’s failure to comply the nature of such default is such that the same cannot reasonably be cured within ten such thirty (1030) days, day period Subtenant shall not be allowed additional time (not deemed to exceed 45 days) as is reasonably necessary to be in default if Subtenant shall within such period commence such cure and thereafter diligently prosecute the failure so long as Subtenant begins the cure within ten (10) days and diligently pursues the cure same to completion; or if c) The making by Subtenant is adjudicated a bankrupt; or if a permanent receiver is appointed for Subtenant’s property, including of any interest Subtenant may have in the Premises; or if, whether voluntarily or involuntarily, Subtenant files or is subject to creditor relief proceedings under any present or future law; or if Subtenant makes an general assignment for the benefit of creditors; the filing by or if against Subtenant of a petition to have Subtenant adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed against Subtenant, the same is dismissed after the filing); d) the appointment of a trustee or receiver to take possession of substantially all of Subtenant's assets located at the Sublease Premises or of Subtenant’s property or 's interest herein should be levied upon or attached and in this Sublease, where possession is not satisfied or dissolved restored to Subtenant within thirty (30) days; thenor e) the attachment, and in any said events, at Sublandlord’s option and upon Sublandlord’s notice to Subtenant execution or other judicial seizure of a termination of the Sublease, Subtenant shall at once surrender possession of the Premises to Sublandlord and remove substantially all of Subtenant’s property and effects therefrom; and Sublandlord may forthwith re-enter 's assets located at the Sublease Premises and repossess same, and remove all persons and effects therefrom, using such force as may be necessary without being guilty or of trespass, forcible entry or detained or other tort. In addition, Sublandlord shall have the right to pursue any and all other remedies available at law and Subtenant's interest in equity to recover from Subtenant all amounts then due or thereafter accruing and such other damages as are caused by Subtenant’s default. No course of dealing between Sublandlord and Subtenant or any delay on the part of Sublandlord in exercising any rights Sublandlord may have under this Sublease shall operate as a waiver of any of the rights of Sublandlord hereunder, nor shall any waiver or prior default operate as a waiver of any subsequent default. In exercising its rights and remedies under this Sublease, Sublandlord shall be entitled to recover from Subtenant all costs incurred, including, without limitation, reasonable attorneys’ fees actually incurredwhere such seizure is not discharged within thirty (30) days. No termination of Notwithstanding anything in this Sublease prior Lease to the expiration thereof by lapse of timecontrary, by Subtenant's shall not be in default of either party or otherwise shall affect Sublandlord’s right to collect Base Rent or charges due hereunder for the failure to pay Rent unless and until such failure continues for a grace period prior to termination by either partyof five (5) days after same is due.

SUBTENANT’S DEFAULT. If The occurrence of any one or more of the following events shall constitute a default and breach of this Sublease by Subtenant: (a) if Subtenant is late in the payment of Base fails to pay any Rent or any other charges required to be paid by Subtenant under this Sublease when due and payable for a period of Subtenant hereunder, and the same remains delinquent for more than five (5) business days after Sublandlord provides Subtenant notice of the same, or if Subtenant defaults in performing any other of its obligations hereunder (including, but not limited to, obligations under the Master Lease that are incorporated into this Sublease), and such non-monetary default is not cured within ten (10) days after written notice thereof is received by Subtenant specifying such failure, provided that Subtenant shall not be entitled to such notice and grace period more than two times in any consecutive twelve (12) month period; or (b) if Subtenant fails to perform promptly and fully any other covenant, condition, or agreement contained in this Sublease and such failure continues for twenty (20) days after receipt of written notice thereof from Sublandlord to Subtenant provided, however, if Subtenant’s failure to comply cannot reasonably be cured within ten (10) days, Subtenant shall be allowed additional or such longer time (not to exceed 45 days) as is reasonably necessary required by Subtenant to cure the failure so long as Subtenant begins the cure within ten (10) days and diligently pursues the cure to completioncure; or (c) if Subtenant is adjudicated makes a bankruptgeneral assignment for the benefit of creditors or provides for an arrangement, composition, extension, or adjustment with its creditors; or (d) if Subtenant files a voluntary petition for relief, or if a permanent receiver petition against Subtenant in a proceeding under the federal bankruptcy laws or other insolvency laws is appointed for Subtenant’s propertyfiled and not withdrawn or dismissed within ninety (90) days thereafter, including any interest Subtenant may have in the Premises; or if, whether voluntarily or involuntarily, Subtenant files or is subject to creditor relief proceedings under any present or future law; or if under the provisions of any law providing for reorganization or winding up of corporations any court of competent jurisdiction assumes jurisdiction, custody, or control of Subtenant makes an assignment or any substantial part of its property and such jurisdiction, custody, or control remains in force unrelinquished, unstayed, or unterminated for benefit a period of creditors; or if the Premises or Subtenant’s property or interest herein should be levied upon or attached and not satisfied or dissolved within thirty ninety (3090) days; thenor (e) if, and in any said eventsproceeding or action in which Subtenant is a party, at Sublandlord’s option and upon Sublandlord’s notice a trustee, receiver, agent, or custodian is appointed to Subtenant of a termination take charge of the Sublease, Subtenant shall at once surrender possession of the Premises to Sublandlord and remove all Leased Space or any of Subtenant’s 's property and effects therefrom; and Sublandlord may forthwith re-enter (or has the Premises and repossess same, and remove all persons and effects therefrom, using such force as may be necessary without being guilty of trespass, forcible entry or detained or other tort. In addition, Sublandlord shall have the right authority to pursue any and all other remedies available at law and in equity to recover from Subtenant all amounts then due or thereafter accruing and such other damages as are caused by Subtenant’s default. No course of dealing between Sublandlord and Subtenant or any delay on the part of Sublandlord in exercising any rights Sublandlord may have under this Sublease shall operate as a waiver of any of the rights of Sublandlord hereunder, nor shall any waiver or prior default operate as a waiver of any subsequent default. In exercising its rights and remedies under this Sublease, Sublandlord shall be entitled to recover from Subtenant all costs incurred, including, without limitation, reasonable attorneys’ fees actually incurred. No termination of this Sublease prior to the expiration thereof by lapse of time, by default of either party or otherwise shall affect Sublandlord’s right to collect Base Rent or charges due hereunder do so) for the period prior to termination by either partypurpose of enforcing a lien against the Leased Space or Subtenant's property.

SUBTENANT’S DEFAULT. If Subtenant In the event that Subtenant: (A) allows any default to occur by some action or inaction on its part; (B) fails to pay, on a timely basis (which is hereinafter defined as paid prior to the date a late in the payment charge becomes due) any portion of Base any Rent or any other charges sum when due hereunder ; (C) fails to furnish certificates of Subtenant's required insurance to Landlord or fails to maintain same in full force and effect; (D) becomes bankrupt, insolvent or files any debtor proceeding, takes action or has action taken against it for all or a portion of Subtenant hereunderSubtenant's assets, and files a petition for corporate reorganization, makes an assignment for the same remains delinquent for more than five (5) business days after Sublandlord provides Subtenant notice benefit of the same, creditors or if Subtenant defaults in performing any other manner then Subtenant's interest hereunder shall pass to another by operation of its obligations hereunder law; (including, but not limited to, obligations under the Master Lease that are incorporated into this Sublease), and such non-monetary default is not cured within ten (10E) days after written notice commits waste to Subtenant provided, however, if Subtenant’s failure to comply cannot reasonably be cured within ten (10) days, Subtenant shall be allowed additional time (not to exceed 45 days) as is reasonably necessary to cure the failure so long as Subtenant begins the cure within ten (10) days and diligently pursues the cure to completion; or if Subtenant is adjudicated a bankrupt; or if a permanent receiver is appointed for Subtenant’s property, including any interest Subtenant may have in abandons the Premises; or if(H) is otherwise in default hereunder, whether voluntarily or involuntarilythen Subtenant is in default under this Sublease. In the event of any default in Subtenant's obligations under this Sublease, Subtenant files or is subject to creditor relief proceedings under any present or future law; or if Subtenant makes an assignment for benefit of creditors; or if the Premises or Subtenant’s property or interest herein should be levied upon or attached and not satisfied or dissolved within thirty (30) days; then, and in any said eventsLandlord may, at Sublandlord’s option and upon Sublandlord’s notice to Subtenant of a termination of the SubleaseLandlord's option, Subtenant shall at once surrender with or without court order re-take possession of the Premises by force or otherwise, terminate this Sublease or exercise any and all other remedy lawfully available under the circumstances from time to Sublandlord time and remove all of Subtenant’s property and effects therefrom; and Sublandlord may forthwith re-enter the Premises and repossess same, and remove all persons and effects therefrom, using such force as may be necessary without being guilty of trespass, forcible entry or detained or other tort. In addition, Sublandlord Landlord shall have the right to remove Subtenant's personal property from the Premises. Except in the instance that the Master Lease is terminated due to a breach by Landlord thereunder, Subtenant hereby indemnifies and holds Landlord harmless for any loss or damage that Landlord may incur as a result of termination of this Sublease, re-entry without termination of this Sublease and/or removal of Subtenant's property. No re-entry by Landlord or termination shall terminate Subtenant's obligations under this Sublease. Subtenant agrees to pay all costs of collection, including reasonable attorney's fees, if all or any part of Rent or additional rent or other sums due hereunder or damages are collected after maturity with the aid of an attorney. Subtenant also agrees to pay reasonable attorney fees in the event it is necessary for the Landlord to employ an attorney to force the Subtenant to make any such payments or comply with the covenants, obligations, or conditions of this Sublease. The above rights and remedies are not exclusive and in the event of any default of Subtenant that is not cured within the notice period aforesaid, Landlord may pursue any and all other rights and remedies available at law or in equity. Upon terminating this Sublease or otherwise re-entering the Demised Premises due to default of Subtenant, Landlord shall be obligated to use good faith efforts to re-let Demised Premises and in equity Landlord may re-let to recover from such persons, and for such lengths of time, and rents and other terms as Landlord deems best, without relieving Subtenant all amounts then due or thereafter accruing and such other damages as are caused by of Subtenant’s default. No course of dealing between Sublandlord and Subtenant or any delay on the part of Sublandlord in exercising any rights Sublandlord may have 's obligations under this Sublease Sublease. In the event the Demised Premises are re-let, Subtenant shall operate as a waiver of be liable to Landlord for all costs incurred in such re-letting including but not limited to broker fees and commissions, difference in the rent due hereunder and rent obtained and attorney fees. Additionally, if Subtenant fails to pay or perform any of the rights of Sublandlord hereunder, nor shall any waiver or prior default operate as a waiver of any subsequent default. In exercising its rights and remedies obligations under this Sublease, Sublandlord Landlord may cure such defaults at Subtenant's cost, and Subtenant shall be entitled to recover from Subtenant all costs incurredreimburse Landlord's cost of cure upon demand, including, without limitation, reasonable attorneys’ fees actually incurred. No termination of this Sublease prior to the expiration thereof by lapse of time, by default of either party or otherwise shall affect Sublandlord’s right to collect Base Rent or charges due hereunder for the period prior to termination by either partyas additional rent payable hereunder.

SUBTENANT’S DEFAULT. If (a) Subtenant is late shall default in the payment of Base Rent or fulfilling any other charges required of Subtenant hereunder, and the same remains delinquent for more than five (5) business days after Sublandlord provides Subtenant notice ------------------- of the sameterms, conditions or agreements hereof, other than the covenants to pay Base Rent, Additional Rent, or if Subtenant defaults in performing any other Rent, or of its obligations hereunder (includingthe Primary Lease or Primary Sublease, but not limited to, obligations under the Master Lease that are incorporated into this Sublease)both as herein incorporated, and such non-monetary default is shall not cured have been remedied (or proper corrective measures to cure such default commenced and after commencement diligently and continuously prosecuted in good faith) within ten (10) days after written notice from the Sublandlord, Sublandlord may give Subtenant three (3) days notice of its intention to Subtenant providedend the term of this Sublease, howeverand, if Subtenant’s failure to comply cannot reasonably be cured within ten at the end of said three (103) days, the term of this Sublease shall expire with the same effect as if that day were the date hereinabove set forth for the termination of the term hereof, but Subtenant shall be allowed additional time remain liable to the extent provided under the environmental compliance provisions of Section 25 of the Primary Lease applicable to Subtenant as provided herein and for payment of the Rent, the entire unpaid amount of which shall thereupon become immediately due, together with costs of collection (not to exceed 45 daysincluding reasonable attorneys' fees) and interest thereon at the Interest Rate (as is reasonably necessary to cure the failure so long as Subtenant begins the cure within ten (10) days and diligently pursues the cure to completion; or if Subtenant is adjudicated a bankrupt; or if a permanent receiver is appointed for Subtenant’s property, including any interest Subtenant may have defined in the Premises; Primary Sublease), or if(b) Subtenant shall fail to pay the Base Rent, whether voluntarily any Additional Rent, or involuntarilyany other Rent as provided herein, then Sublandlord may, unless Subtenant shall have cured such default within three (3) business days after written notice thereof from Sublandlord, in addition to exercising any other right or remedies available to Sublandlord hereunder or at law or in equity, exercise all of the remedies of the Primary Landlord set forth in Section 17 of the Primary Lease applicable to the premises then leased by Sublandlord to Subtenant pursuant to this Sublease. Any repossession by Sublandlord in the exercise of Sublandlord's remedies shall not terminate Subtenant's obligations hereunder, absent a termination notice from Sublandlord. If this Sublease is terminated by Sublandlord pursuant to the foregoing provisions of this clause (b), Subtenant files or is subject shall remain liable to creditor relief proceedings under Sublandlord for (i) any present or future law; or if Subtenant makes an assignment for benefit of creditors; or if the Premises or Subtenant’s property or interest herein should be levied upon or attached and not satisfied or dissolved within thirty (30) days; thenRent due prior to termination, and (ii) the payment of Rent, the entire unpaid amount of which shall thereupon become immediately due and payable, together with costs of collection (including reasonable attorneys' fees) and interest thereon at the Interest Rate. Notwithstanding the foregoing, in any said events, at Sublandlord’s option and upon Sublandlord’s notice to Subtenant the event that Sublandlord finds a new subtenant for the remainder of a termination the Term of the Sublease, Subtenant shall at once surrender possession be refunded any Rent it has otherwise paid in advance under Section 9(a) or (b), to the extent that the new subtenant leases the Sublease Space for the remainder of the Premises to Sublandlord and remove all of Subtenant’s property and effects therefromTerm; and Sublandlord may forthwith re-enter the Premises and repossess sameprovided, and remove all persons and effects therefromhowever, using such force as may be necessary without being guilty of trespass, forcible entry or detained or other tort. In addition, that Sublandlord shall have the right to pursue retain any and all other remedies available at law and in equity to recover from Subtenant all reasonable amounts then due or thereafter accruing and such other damages as are caused incurred by Subtenant’s default. No course of dealing between Sublandlord and Subtenant or any delay on the part of Sublandlord in exercising any rights Sublandlord may have under this reletting the Sublease shall operate as a waiver of any of the rights of Sublandlord hereunder, nor shall any waiver or prior default operate as a waiver of any subsequent default. In exercising its rights and remedies under this Sublease, Sublandlord shall be entitled to recover from Subtenant all costs incurred, Space including, without limitation, reasonable attorneys’ fees actually incurred. No termination of this Sublease prior to the expiration thereof by lapse of timeattorney's fees, by default of either party or otherwise shall affect Sublandlord’s right to collect Base Rent or charges due hereunder for the period prior to termination by either partybrokerage fees, upfitting costs, and similar expenses.