DEFAULT OF SUBLESSEE Sample Clauses

The "Default of Sublessee" clause defines the circumstances under which a sublessee is considered to be in breach of the sublease agreement. Typically, this includes failures such as not paying rent on time, violating terms of the sublease, or engaging in prohibited activities on the premises. When a default occurs, the clause outlines the remedies available to the sublessor, such as the right to terminate the sublease or seek damages. Its core function is to protect the sublessor by providing clear consequences for non-compliance, thereby ensuring accountability and reducing the risk of unresolved disputes.
DEFAULT OF SUBLESSEE. Upon any default by Sublessee hereunder, Sublessor may exercise any remedy against Sublessee which Landlord may exercise for a default by Sublessor under the Lease. Sublessee acknowledges that any act or omission on its part which would lead to a default under the Lease shall be a default by Sublessee hereunder. In addition, in recognition of Sublessor’s obligation to cure the same, Sublessee acknowledges that, to the extent a cure period applies to a potential event of default under this Sublease, such cure period shall be equal to half (rounded up for odd number of days) the cure period provided for in the Lease. The events of default under this Sublease shall be the same as Tenant’s defaults as set forth in the Lease; provided that the term “Lease” shall read to mean this “Sublease and the Lease,” and the term “Tenant” shall be read as “Sublessee.” In addition, Sublessor shall also be entitled to collect any amounts payable by Sublessee to Sublessor hereunder on the same terms as Landlord is entitled to collect such amounts from Sublessor under the Lease and as provided elsewhere in this Sublease, and to exercise against Sublessee, following the expiration of any applicable periods of notice and grace, the same remedies which Landlord is entitled to exercise against Sublessor under the Lease. In addition to those remedies set forth above, Sublessor shall have the right to pursue any one or more of the following remedies upon the default by Sublessee and the continuation of such default beyond applicable periods of notice and grace: (a) Terminate this Sublease, in which case Sublessee shall immediately surrender the Premises to Sublessor. If Sublessee fails to surrender the Premises, Sublessor, in compliance with all laws, may enter upon and take possession of the Premises and remove Sublessee, Sublessee’s property and any party occupying the Premises. Sublessee shall pay Sublessor, on demand, all past due Rent and other losses and damages Sublessor suffers as a result of Sublessee’s default, including, without limitation, all Costs of Reletting (defined below) and any deficiency that may arise from reletting or the failure to relet the Premises. “Costs of Reletting” shall include all reasonable costs and expenses incurred by Sublessor in reletting or attempting to relet the Premises, including, without limitation, reasonable legal fees, customary brokerage commissions, the reasonable cost of alterations and the value of other customary concessions or al...
DEFAULT OF SUBLESSEE. A. If any rents reserved, or any part of them, shall be and remain unpaid when they shall become due, or if Sublessee violates or defaults in any of the provisions of this sublease agreement, then Lessee may cancel this sublease agreement by giving the required notice, and reenter the demised premises. B. In spite of any reentry, the liability of Sublessee for the rent shall not be extinguished for the balance of the term of this sublease agreement, and Sublessee shall make good to Lessee any deficiency arising from a reentry and reletting of the demised premises at a reduced rental. C. Sublessee shall pay any deficiency on the first day of each month immediately following the month in which the amount of deficiency is ascertained by Lessee.
DEFAULT OF SUBLESSEE. If any rents reserved, or any part thereof, shall be and remain unpaid when these rents shall become due, or if FEDERAL violates or defaults in any of the provisions of this Lease, then LEHIGH may cancel this Lease and re-enter the premises. Notwithstanding any re-entry, the liability of FEDERAL for the rent shall not be extinguished for the balance of the term hereof, and FEDERAL shall make good to LEHIGH any deficiency arising from a re-entry and reletting of the premises at a reduced rental. Said deficiency shall be due and payable on demand as soon as said amount can be ascertained by LEHIGH. This is in addition to any right LEHIGH may have under paragraph 2 for interest on past due rent.
DEFAULT OF SUBLESSEE. If any rents reserved, or any part thereof, shall be and remain unpaid when these rents shall become due, or if Sublessee violates or defaults in any of the provisions of this Lease, then Sublessor may cancel this Lease by giving 5 days notice, except for default for violations of local, state or federal laws, rules or regulations where termination may be immediate, and re-enter the Sub-Sub-Premises. Notwithstanding, any re-entry, the liability of Sublessee for the rent for the balance of the term hereof shall not be extinguished, and Sublessee shall make good to Sublessor any deficiency arising from a reentry and reletting of the Sub-Sub-Premises at a reduced Rent. Sublessee shall pay any deficiency on the first (1st) day of each month immediately following the month in which the amount of deficiency is ascertained by Sublessor. To the extent permissible by applicable law, Sublessor may obtain specific performance or injunctive relief.
DEFAULT OF SUBLESSEE. If Sublessee shall fail to pay any installment of rent when due hereunder or shall default in the observance or performance of any conditions or covenants to be kept, observed or performed by Sublessee hereunder, or shall default under any of the terms of the Lease incorporated herein, then Sublessor shall have and may exercise all rights and remedies against Sublessee as provided to Lessor in the event of default by Sublessor as set forth in the Lease. Any overdue payment shall bear interest at the rate of 18% per annum accruing from the date such installment or payment becomes due to the date payment is made by Sublessee.
DEFAULT OF SUBLESSEE. If Sublessee fails to pay when due any rental or other sums payable by Sublessee hereunder or if Sublessee violates or defaults in any of the provisions of this Sublease Agreement, and fails to initiate and reasonably pursue a cure of such violation or default within thirty (30) days after receipt of written notice from Sublessor detailing such violation or default, then Sublessor may terminate this Sublease Agreement by giving Sublessee an additional sixty (60) days advance written notice of Sublessor's intent to terminate this Sublease Agreement, and re-enter the Premises. Notwithstanding any re-entry, the liability of Sublessee for the rent shall not be extinguished for the balance of the term hereof, and Sublessee shall make good to Sublessor any deficiency arising from a re-entry and reletting of the Premises at a reduced rate. Sublessor shall make a good faith effort to sublet the Premises. Sublessee shall pay any deficiency on the first day of each month immediately following the month in which the amount of deficiency is ascertained by Sublessor.
DEFAULT OF SUBLESSEE. If Sublessee shall fail to pay any installment of rent when due hereunder or shall default in the observance or performance of any conditions or covenants to be kept, observed or performed by Sublessee hereunder, or shall Default under any of the terms of the Lease incorporated herein, then Sublessor shall have and may exercise all rights and remedies against Sublessee as provided to Lessor in the event of default by Sublessor as set forth in the Lease. Any overdue payment shall bear interest at five (5) percentage points above the then prime rate of interest (or comparable rate of interest) per annum as published in the money market section of The Wall Street Journal or in another material financial publication reasonably selected by Sublessor or Lessor accruing from the date such installment or payment becomes due to the date payment is made by Sublessee.
DEFAULT OF SUBLESSEE 

Related to DEFAULT OF SUBLESSEE

  • Default of Tenant Each of the following shall constitute a default by Tenant under this Lease: (a) Tenant fails to pay any amount required under this Lease as and when the same becomes due and said failure is not cured within ten (10) days after written notice thereof from Landlord; (b) Tenant fails to perform any other term, condition, or obligation under this Lease and said failure is not cured within thirty (30) days after written notice thereof from Landlord. Upon the occurrence of any such default by Tenant, Landlord shall have the option to pursue any one or more of the following remedies without any additional notice or demand whatsoever: terminate this Lease, in which event Tenant shall immediately surrender the Leased Premises to Landlord, and if Tenant fails to do so Landlord may, without prejudice to any other remedy which Landlord may have for omission or arrearages in Rent, enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying the Leased Premises or any part thereof, without being liable for prosecution or any claim of damages therefor; or enter upon and take possession of the Leased Premises and expel or remove Tenant and any other person who may be occupying the Leased Premises or any part thereof without being liable for prosecution or any claim for damages therefor, with or without having terminated this Lease. In addition to the other remedies provided in this Lease, and anything contained herein to the contrary notwithstanding, Landlord shall be entitled to restrain any default or violation, or attempted or threatened default or violation of any of the terms, covenants, conditions or other provisions of this Lease, by injunction, order of specific performance or other appropriate equitable relief. The remedies provided to Landlord hereunder are intended to be cumulative, and may be exercised by Landlord in any order, or simultaneously, without such exercise being a waiver by Landlord of its right to exercise any other remedy granted to Landlord hereunder (or under applicable Laws) with respect to the same default. Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance or surrender of the Leased Premises by ▇▇▇▇▇▇, whether by agreement or by operation of law, it being understood that such surrender can be affected only by the written agreement of Landlord and ▇▇▇▇▇▇.

  • Tenant’s Lease Default Notwithstanding any provision to the contrary contained in the Lease, if an event of default by Tenant of this Tenant Work Letter or the Lease has occurred at any time on or before the Substantial Completion of the Premises and remains after the expiration of applicable notice and cure periods, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, at law and/or in equity, Landlord shall have the right to cause the Contractor to suspend the construction of the Premises (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such work stoppage as a Tenant Delay as set forth in Section 4.2 above), and (ii) all other obligations of Landlord under the terms of this Tenant Work Letter shall be forgiven until such time as such default is cured pursuant to the terms of the Lease (in which case, Tenant shall be responsible for any delay in the Substantial Completion of the Premises caused by such inaction by Landlord as a Tenant Delay). In addition, if the Lease is terminated prior to the Lease Commencement Date, for any reason due to a default by Tenant as described in Section 19.1 of the Lease or under this Tenant Work Letter, in addition to any other remedies available to Landlord under the Lease, at law and/or in equity, Tenant shall pay to Landlord, as Additional Rent under the Lease, within five (5) business days after Tenant’s receipt of a statement therefor, any and all costs incurred by Landlord and not reimbursed or otherwise paid by Tenant through the date of such termination in connection with the Tenant Improvements to the extent planned, installed and/or constructed as of such date of termination, including, but not limited to, any costs related to the removal of all or any portion of the Tenant Improvements and restoration costs related thereto.

  • Tenant’s Default 14.1 Any other provisions in this Lease notwithstanding, it shall be an event of default (“Event of Default”) under this Lease if: (i) Tenant fails to pay any installment of rent or any other sum payable by Tenant hereunder when due and such failure continues for a period of ten (10) days after written notice from Landlord to Tenant that such payment has not been received, or (ii) Tenant fails to observe or perform any other material covenant or agreement of Tenant herein contained and such failure continues after written notice given by or on behalf of Landlord to Tenant for more than thirty (30) days, provided, however, that if such non-monetary Event of Default by Tenant cannot reasonably be cured within such thirty (30) day period, and provided further that Tenant is proceeding with due diligence to effect a cure of said Event of Default, no Event of Default hereunder shall be declared by Landlord if Tenant continues to proceed with diligence to cure said Event of Default, but in no event shall such cure period extend beyond ninety (90) days following notice from Landlord of such violation, default or breach, or (iii) Tenant files a petition commencing a voluntary case, or has filed against it a petition commencing an involuntary case, under the Federal Bankruptcy Code (Title 11 of the United States Code), as now or hereafter in effect, or under any similar law, or files or has filed against it a petition or answer in bankruptcy or for reorganization or for an arrangement pursuant to any state bankruptcy law or any similar state law, and, in the case of any such involuntary action, such action shall not be dismissed, discharged or denied within sixty (60) days after the filing thereof, or Tenant consents or acquiesces in the filing thereof, or (iv) a custodian, receiver, trustee or liquidator of Tenant or of all or substantially all of Tenant’s property or of the Premises shall be appointed in any proceedings brought by or against Tenant and, in the latter case, such entity shall not be discharged within sixty (60) days after such appointment or Tenant consents to or acquiesces in such appointment, or (v) Tenant shall generally not pay Tenant’s debts as such debts become due, or shall make an assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due. The notice and grace period provisions in clauses (i) and (ii) above shall have no application to the Events of Default referred to in clauses (iii) through (v) above. 14.2 If Tenant shall fail to make any payment of rent when due or if Tenant shall fail to keep and perform any express written covenant of this Lease and shall continue in default for a period of ten (10) days after Tenant has received written notice of such default and demand of performance from Landlord, Landlord may commence judicial proceedings, provided, however, if any default shall occur (other than in the payment of rent) which cannot be cured within a period of thirty (30) days and Tenant, prior to the expiration of thirty (30) days from and after the giving of notice as aforesaid, commences to eliminate such default and proceeds diligently to take steps to cure the same, Landlord shall not have the right to declare the term ended by reason thereof for an additional period of sixty (60) days. 14.3 In the event of any such Event of Default, Landlord at any time thereafter may at its option exercise any remedies available to Landlord at law or in equity, including, without limitation, one or more of the following remedies:

  • Landlord Default If Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement or any obligation of Landlord, if any, under any agreement affecting the Leased Property, the performance of which is not Tenant’s obligation pursuant to this Agreement, and any such default shall continue for a period of thirty (30) days after Notice thereof from Tenant to Landlord and any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct the same, Tenant may declare the occurrence of a “Landlord Default” by a second Notice to Landlord and to such Facility Mortgagee. Thereafter, Tenant may forthwith cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys’ fees and court costs) incurred by Tenant in curing the same, together with interest thereon (to the extent permitted by law) from the date Landlord receives Tenant’s invoice until paid, at the Overdue Rate. Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof. If Tenant and Landlord shall fail, in good faith, to resolve any such dispute within ten (10) days after Landlord’s Notice of dispute, either may submit the matter for resolution in accordance with Article 22.

  • Landlord’s Default Subject to Landlord's right to dispute its obligation in accordance with Section 5.1.5(b), if Landlord shall default in the performance or observance of any of its covenants or obligations set forth in this Agreement, and any such default shall continue for a period of ten (10) days after Notice thereof with respect to monetary defaults, and thirty (30) days after Notice thereof with respect to non-monetary defaults, from Tenant to Landlord and, subject to Section 19.3, any applicable Facility Mortgagee, or such additional period as may be reasonably required to correct such non-monetary defaults, Tenant may declare the occurrence of a "Landlord Default" under this Agreement by giving Notice of such declaration to Landlord and to such Facility Mortgagee. Thereafter, Tenant may (but shall have no obligation to) cure the same and, subject to the provisions of the following paragraph, invoice Landlord for costs and expenses (including reasonable attorneys' fees, paralegals' fees and court costs) incurred by Tenant in curing the same. If any such costs and expenses have not been reimbursed to Tenant as of the fifth (5th) day after the Landlord receives Tenant's Notice therefor, Landlord shall pay to Tenant, a late charge computed at the Overdue Rate on the amount of such reimbursement from the expiration of the applicable cure period to the date of payment thereof. Except as otherwise expressly provided herein to the contrary, Tenant shall have no right to terminate this Agreement for any default by Landlord hereunder or under the Other Leases and no right, for any such default, to offset or counterclaim against any Rent or other charges due hereunder. If Landlord shall in good faith dispute the occurrence of any Landlord Default and Landlord, before the expiration of the applicable cure period, shall give Notice thereof to Tenant, setting forth, in reasonable detail, the basis therefor, no Landlord Default shall be deemed to have occurred and Landlord shall have no obligation with respect thereto until final adverse determination thereof; provided, however, that in the event of any such adverse determination, Landlord shall pay to Tenant interest on any disputed funds at the Disbursement Rate, from the date demand for such funds was made by Tenant until the date of final adverse determination and, thereafter, at the Overdue Rate until paid. During the term of the Operating Agreement, Landlord shall indemnify and hold Tenant harmless against all claims, costs and expenses (including reasonable attorneys' fees and paralegals' fees) arising from a Landlord Default under the terms and conditions of this Agreement which shall cause an Event of Default under Section 16.01 of the Operating Agreement or a breach by Landlord of its obligations under the Owner Agreement or the Pooling Agreement. The provisions of this Section 14.2 shall survive the termination, expiration or cancellation of this Agreement for a period of five (5) years.