Default by the City. Sublandlord does not assume any obligation to perform the provisions of the Prime Lease to be performed by the City. If the City fails to perform any of the provisions set forth in the Prime Lease to be performed by the City, Sublandlord shall be under no obligation or liability whatsoever to Subtenant. Sublandlord, however, shall cooperate with Subtenant, and will use all reasonable efforts to require performance by the City of the landlord obligations pursuant to the Prime Lease. Subtenant also shall have the right to take any action against the City in its own name and for that purpose, and only to such extent, Sublandlord hereby assigns to Subtenant such of the rights of Sublandlord under the Prime Lease as are necessary for such purpose. Subtenant shall be subrogated to such rights. If any such action against the City in Subtenant’s name is barred by reason of lack of privity, non-assignability or otherwise, Sublandlord shall permit Subtenant to take such action in Sublandlord’s name; provided, however, that Subtenant shall indemnify and hold Sublandlord harmless against all liability, loss or damage which Sublandlord may incur or suffer by reason of any such action, and that Subtenant will provide to Sublandlord copies of all papers and notices of all proceedings so Sublandlord may be kept informed in respect thereof. Sublandlord shall execute any documents reasonably required to 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 permit Subtenant to take any such action in Sublandlord’s name. Subtenant shall not receive any abatement of rent under this Sublease because of the City’s failure to perform any of its obligations under the Prime Lease, except that if Sublandlord receives an abatement of rent from the City relating to the Spaces, Subtenant shall receive the benefit of such abatement of rent on a pro rata basis.
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Default by the City. Sublandlord does not assume any obligation to perform the provisions of the Prime Lease to be performed by the City. If the City fails to perform any of the provisions set forth in the Prime Lease to be performed by the City, Sublandlord shall be under no obligation or liability whatsoever to Subtenant. Sublandlord, however, shall cooperate with Subtenant, and will use all reasonable efforts to require performance by the City of the landlord obligations pursuant to the Prime Lease. Subtenant also shall have the right to take any action against the City in its own name 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 1397 1398 1399 and for that purpose, and only to such extent, Sublandlord hereby assigns to Subtenant such of the rights of Sublandlord under the Prime Lease as are necessary for such purpose. Subtenant shall be subrogated to such rights. If any such action against the City in Subtenant’s name is barred by reason of lack of privity, non-assignability or otherwise, Sublandlord shall permit Subtenant to take such action in Sublandlord’s name; provided, however, that Subtenant shall indemnify and hold Sublandlord harmless against all liability, loss or damage which Sublandlord may incur or suffer by reason of any such action, and that Subtenant will provide to Sublandlord copies of all papers and notices of all proceedings so Sublandlord may be kept informed in respect thereof. Sublandlord shall execute any documents reasonably required to 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 permit Subtenant to take any such action in Sublandlord’s name. Subtenant shall not receive any abatement of rent under this Sublease because of the City’s failure to perform any of its obligations under the Prime Lease, except that if Sublandlord receives an abatement of rent from the City relating to the Spaces, Subtenant shall receive the benefit of such abatement of rent on a pro rata basis.
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