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Does the subtenant have grounds to refuse to pay simply due to the sublease language that states that they will be billed monthly?
Response: Yes, eventhough the lease has no penalties or exclusions for payment prescribed in the sublease, the subtenant can refuse to pay if the bills are not sent monthly as stated in the contract. It would be quite unfair for the Tenant to wait a whole 18 months to send a lump sum bill to the subtenant totaling $200,000.00 and expecting the subtenant to pay that amount. The sending of the lump sum bill violates the terms of the contract. So, the Tenant's initial breach of failing to send the bills monthly released the Tenant from the obligation to pay the bills.
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