Time for Notice. Except for the time limits for notice, demands, performance or exercise of rights specified in this Sublease which shall not be altered by this Section 2.3, including without limitation the time frames set forth in Section 16, “Events of Default”, and the time frames for delivery of estoppel certificates, the time limits provided for in the provisions of the Master Lease for the giving of notice, making of demands, performance of any act, condition or covenant, or the exercise of any right, remedy or option, are amended for the purposes of this Sublease by lengthening or shortening the same in each instance by five (5) days, as appropriate, so that notices may be given, demands made, or any act, condition or covenant performed, or any right, remedy or option hereunder exercised, by Sublessor or Sublessee, as the case may be, within the time limit relating thereto contained in the Master Lease. If the Master Lease allows only five (5) days or less for Sublessor to perform any act, or to undertake to perform such act, or to correct any failure relating to the Sublease Premises or this Sublease, then Sublessee shall nevertheless be allowed three (3) business days to perform such act, undertake such act and/or correct such failure. In the event of a conflict between the time frame set forth elsewhere in this Sublease and the time frame specified in the Master Lease as modified by this Section 2.3, the time frame set forth elsewhere in this Sublease shall prevail and be controlling.
Appears in 1 contract
Sources: Sublease Agreement (Palm Inc)
Time for Notice. Except for the time limits for notice, demands, performance or exercise of rights specified in this Sublease which shall not be altered by this Section 2.3, including without limitation the time frames set forth in Section 16, “Events of Default”, and the time frames for delivery of estoppel certificates, the The time limits provided for in the provisions of the Master Lease for the giving of notice, making of demands, performance of any act, condition or covenant, or the exercise of any right, remedy or option, are amended for the purposes of this Sublease by lengthening or shortening the same in each instance by five (5) days, as appropriate, so that notices may be given, demands made, or any act, condition or covenant performed, or any right, remedy or option hereunder exercised, by Sublessor or Sublessee, as the case may be, within the time limit relating thereto contained in the Master Lease. If the Master Lease allows only five (5) days or less for Sublessor to perform any act, or to undertake to perform such act, or to correct any failure relating to the Sublease Premises or this Subleasethe Lease, then Sublessee shall nevertheless be allowed three (3) business days to perform such act, undertake such act and/or correct such failure. In Notwithstanding the foregoing, in the event Landlord provides concurrent written notice to Sublessor and Sublessee, which written notice copies both Parties, of a conflict between any failure by Sublessee to perform any act, or to undertake to perform such act, or to correct any failure relating to the Premises or the Lease, then Sublessee shall be entitled to the same time frame set forth elsewhere limit provided for in this Sublease and the time frame specified in provisions of the Master Lease as modified by this Section 2.3for Sublessor to perform such act, the time frame set forth elsewhere in this Sublease shall prevail and be controllingundertake to perform such act and/or correct such failure.
Appears in 1 contract
Sources: Sublease Agreement (Connetics Corp)