Default by Sublessee Sample Clauses
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Default by Sublessee. 18.1. The occurrence of any of the following events shall constitute a Default and breach of this Sublease by Sublessee:
A. The failure by Sublessee to pay when due the Basic Rent, or Additional Rent, or any other payment required to be made by Sublessee to Sublessor hereunder where such failure continues for seven (7) business days after written notice thereof by Sublessor to Sublessee.
B. The abandonment or vacation of the Subleased Premises by Sublessee while in material breach or default of any other provision of this Sublease that lasts for thirty (30) days or more.
C. The failure by Sublessee to observe and perform any other provision of this Sublease (including without limitation compliance with federal, state and local laws and regulations) to be observed or performed by Sublessee, where such failure continues for thirty (30) business days after written notice thereof by Sublessor to Sublessee; provided that if the nature of such default is such that the same cannot reasonably be cured within such thirty-business-day period, Sublessee shall not be deemed to be in default if Sublessee shall within such period commence such cure and thereafter diligently prosecutes the same to completion.
D. The making by Sublessee of any general assignment for the benefit of creditors; the filing by or against a Sublessee of a petition to have Sublessee adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy; or the attachment, execution or other judicial seizure of substantially all of Sublessee’s assets or of Sublessee’s interest in this Sublease; provided, however, that in the event of an involuntary filing against Sublessee, the Sublessee shall have sixty (60) days in which to cause such filing to be dismissed.
E. If any guarantor attempts to revoke its Guaranty.
18.2. In the event of any Default by Sublessee, Sublessor shall have the option to terminate this Sublease and all rights of Sublessee hereunder by giving ten (10) days written notice of such intention to terminate in the manner specified herein, or Sublessor may elect among any one or more of the following remedies without limiting any other remedies available to Sublessor:
(1) subject to available legal and factual defenses, · a decree or order of a court of competent jurisdiction compelling specific performance by Sublessee of its obligations under the Sublease; · a decree or order by a court of competent jurisdiction restraining or enjoining the br...
Default by Sublessee. In addition to the events of default defined in the Base Lease, it is understood and agreed that Sublessee will be in default and that an event of default will have occurred under this Sublease if Sublessee fails in any way to fully comply with the terms and conditions of the Base Lease or of this Sublease for twenty (20) days after receipt of written notice from Sublessor specifically setting forth such default or event of default, and Sublessee has failed to cure such default or event of default within said twenty (20) day period, or, in the event such default or event of default cannot be cured within twenty (20) days, then within an additional reasonable period of time so long as Sublessee has commenced curative action within said twenty (20) day period and thereafter is diligently attempting to cure such default. In the event that any of such events of default occurs, including those defined in the Base Lease. Sublessor will be entitled to (i) all the rights and remedies reserved by or granted to the Base Lessor in the Base Lease after an event of default, (ii) cure such default, in which event Sublessee will reimburse Sublessor on demand for all costs and expenses expended or incurred by Sublessor in curing such default together with interest thereon at the highest legal contractual rate until reimbursement is made to Sublessor by Sublessee.
Default by Sublessee. In the event Sublessee shall be in default of any covenant of, or shall fail to honor any obligation under, this Sublease, Sublessor, upon giving any required notice and subject to the right, if any, of Sublessee to cure any such default within any applicable cure period, shall have available to it against Sublessee all of the remedies available to Lessor under the Master Lease in the event of a similar default on the part of Sublessor thereunder or at law.
Default by Sublessee. Upon any default by Sublessee under this -------------------- Sublease, Sublessor shall have all rights and remedies available to Master Landlord under the Master Lease in the event of a similar default on the part of Sublessor thereunder, and all rights and remedies at law or in equity. Notwithstanding any other provision of this Sublease, Sublessee shall, with respect to the Sublease Premises, cure any default by Sublessee under this Sublease within the period allowed to Tenant under the Master Lease even if such time period is shorter than the period otherwise allowed under this Sublease due to the fact that notice of default from Sublessor to Sublessee is given after the corresponding notice of default from Master Landlord to Sublessor.
Default by Sublessee. In the event Sublessee shall be in default of any covenant of, or shall fail to honor any obligation under, this Sublease, Sublessor shall have available to it against Sublessee all of the remedies available (a) to HMO Funding, Inc. under the Master Lease in the event of a similar default on the part of Sublessor thereunder or (b) at law.
Default by Sublessee. Notwithstanding anything in the Main Lease to the contrary, for the purposes of determining applicable grace periods hereunder, Sublessee’s grace periods hereunder shall be two days less than any such grace period granted to Sublessor under the Main Lease. Any act or omission that would constitute a default under the Main Lease shall constitute a default under this Sublease, including, without limiting the generality of the foregoing, a default in the payment of any installment of Annual Base Rent, and Sublessor shall have all of the rights and remedies afforded Landlord under the Main Lease with regard to any default by Sublessee hereunder, in addition to any and all other remedies provided by law to a landlord upon default by a tenant. Sublessee shall be liable to Sublessor for all losses and damages for any such Sublessee’s default as set forth in the Main Lease, in addition to any other damages provided and allowed by law.
Default by Sublessee. REMEDIES OF SUBLESSOR. In case of any breach hereof by Sublessee, in addition to all other rights of Sublessor hereunder or available to Sublessor at law or equity, Sublessor shall have all the rights against Sublessee as would be available to the Master Lessor against Sublessor under the Master Lease if such breach were by Sublessor thereunder. In the event Sublessee defaults in the performance of any of the terms and provisions hereof and Sublessor places the enforcement of this Sublease in the hands of an attorney, Sublessee agrees to reimburse Sublessor for all reasonable expenses incurred by Sublessor as a result thereof including, but not limited to, reasonable attorneys' fees.
Default by Sublessee. Sublessee shall indemnify, defend and hold harmless Sublessor from all claims, liabilities, losses, damages and expenses arising out of a default by Sublessee in the full and timely payment and performance of its obligations, as tenant, under this Sublease. In the event of a default by Sublessee in the full and timely payment and performance of its obligations under the Sublease, Sublessor shall have all of the rights and remedies in the Lease with respect to defaults by the tenant under the Lease, and to damages as provided at law or in the Lease. Sublessee shall further indemnify, defend and hold harmless Sublessor from any claims, liabilities, losses, damages and expenses with respect to bodily injury, death or property damage arising from the negligence or willful misconduct of Sublessee or its agents, officers, or employees or arising out of Sublessee’s failure to promptly vacate the Premises (or any portion thereof) at the expiration or earlier termination of this Sublease.
Default by Sublessee. Notwithstanding anything in the Main Lease to the contrary, for the purposes of determining applicable cure periods hereunder for a default by Sublessee, Sublessee's cure period hereunder shall be two (2) business days less than any such cure period granted to Sublessor as Tenant under the Main Lease. In addition, a valid notice of default from Landlord under the Main Lease that is delivered to Sublessee (whether or not it is addressed to Sublessee) shall be deemed to be a valid notice of default delivered by Sublessor to Sublessee hereunder,
Default by Sublessee. If Sublessee fails and neglects to fully perform any of the covenants contained herein, or contained in the Lease, then it shall be in default. Sublessee specifically agrees that its default, as defined herein, shall also constitute a default of the promissory note and require immediate payment in full of the outstanding balance and all accrued interest. However, the foregoing shall not be applicable if, at the time of the event of default as defined herein, the promissory note had already been converted to stock. In addition to the foregoing, the provisions of paragraph 12 of the Lease shall be incorporated herein with the exception that Sublessee must cure any default within five (5) calendar days of receiving notice from Sublessor.