No Services. (a) Notwithstanding anything contained in this Sublease to the contrary, Landlord shall have no obligation to (i) perform any services under this Sublease (including, without limitation, the providing of electrical energy), (ii) make any repairs or restorations, (iii) comply with any laws or requirements of any governmental authorities, (iv) provide any insurance with respect to the Building, the Premises or the improvements therein, (v) remove, encapsulate or otherwise treat any asbestos-containing materials or other hazardous materials located in the Premises and/or the Building, or (vi) take any other action that Prime Lessor is obligated to provide, make, comply with or take, or cause to be done, under the Master Lease (collectively, "Services") and the only Services or rights to which Tenant is entitled hereunder, including, without limitation, any right to repairs, elevator, water, utilities, heating and air conditioning, are those to which Landlord is entitled as the tenant under the Master Lease, and for all such services and rights, Tenant will look solely to the Prime Lessor. Landlord hereunder assumes no liability for any covenants, representations or warranties made by Prime Lessor under the Master Lease. Landlord agrees to take all reasonable steps to assist Tenant as Tenant may from time to time request, at Tenant's sole expense and without liability to Landlord, in seeking such services and rights from the Prime Lessor, provided Tenant indemnifies and reimburses Landlord as to any cost or expense incurred with respect thereto. If following the expiration of any applicable notice and cure period granted to Prime Lessor under the Master Lease, the Prime Lessor shall fail to perform its obligations under the Master Lease, then Tenant shall have the right to bring an action against Prime Lessor in its own name. If any such action against Prime Lessor in Tenant's name is barred by reason of lack of privity, non-assignability or otherwise, then Tenant may bring such action in Landlord's name and Landlord shall execute all documents reasonably required in connection therewith, provided the same is without cost and expense to Landlord. In the event that Tenant brings any such action against Prime Lessor, then Tenant shall indemnify and hold harmless Landlord from and against any and all loss, claim, damage, cost or expense (including, without limitation, reasonable attorneys' fees and disbursements) which Landlord shall incur in connection therewith. Nothing contained herein shall be deemed a waiver of Landlord's rights to receive Services from Prime Lessor. Landlord shall in no event be liable to Tenant for any failure to render any of the Services, nor shall any such failure entitle Tenant to any abatement or reduction in Fixed Rent or Additional Rent payable hereunder or to any right to terminate this Sublease. (b) Notwithstanding the foregoing, if, as a result of Prime Lessor's default in any of its obligations to Landlord with respect to the Premises, Landlord receives an abatement or an apportionment of rent allocable to the Premises, Landlord shall pass on to Tenant, Tenant's pro rata share of such abatement or apportionment, based on the Fixed Rent per square foot payable by Tenant under this Sublease.
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Sources: Sublease Agreement (Donaldson Lufkin & Jenrette Inc /Ny/)
No Services. (a) Notwithstanding anything contained in this Sublease to the contrary, Landlord shall have no obligation to (i) perform any services under this Sublease (including, without limitation, the providing of electrical energy), (ii) make any repairs or restorations, (iii) comply with any laws or requirements of any governmental authorities, (iv) provide any insurance with respect to the Building, the Premises or the improvements therein, (v) remove, encapsulate or otherwise treat any asbestos-containing materials or other hazardous materials located in the Premises and/or the Building, or (vi) take any other action that Prime Lessor is obligated to provide, make, comply with or take, or cause to be done, under the Master Lease (collectively, "Services") and the only Services or rights to which Tenant is entitled hereunder, including, without limitation, any right to repairs, elevator, water, utilities, heating and air conditioning, are those to which Landlord is entitled as the tenant under the Master Lease, and for all such services and rights, Tenant will look solely to the Prime Lessor. Landlord hereunder assumes no liability for any covenants, representations or warranties made by Prime Lessor under the Master Lease. Landlord agrees to take all reasonable steps to assist Tenant as Tenant may from time to time request, at Tenant's sole expense and without liability to Landlord, in seeking such services and rights from the Prime Lessor, provided Tenant indemnifies and reimburses Landlord as to any cost or expense incurred with respect thereto. If following the expiration of In no event, however, shall Landlord be required to commence or cooperate with any applicable notice and cure period granted to Prime Lessor under the Master Lease, the Prime Lessor shall fail to perform its obligations under the Master Lease, then Tenant shall have the right to bring an action litigation against Prime Lessor in its own name. If or any such action against Prime Lessor in Tenant's name is barred by reason of lack of privityagent, non-assignability employee or otherwise, then Tenant may bring such action in Landlord's name and Landlord shall execute all documents reasonably required in connection therewith, provided the same is without cost and expense to Landlord. In the event that Tenant brings any such action against Prime Lessor, then Tenant shall indemnify and hold harmless Landlord from and against any and all loss, claim, damage, cost or expense (including, without limitation, reasonable attorneys' fees and disbursements) which Landlord shall incur in connection therewithaffiliate thereof. Nothing contained herein shall be deemed a waiver of Landlord's rights to receive Services from Prime Lessor. Landlord shall in no event be liable to Tenant for any failure to render any of the Services, nor shall any such failure entitle Tenant to any abatement or reduction in Fixed Rent or Additional Rent payable hereunder or to any right to terminate this Sublease.
(b) Notwithstanding the foregoing, if, as a result of Prime Lessor's default in any of its obligations to Landlord with respect to the Premises, Landlord receives an abatement or an apportionment of rent allocable to the Premises, Landlord shall pass on to Tenant, Tenant's pro rata share of such abatement or apportionment, based on the Fixed Rent per square foot payable by Tenant under this Sublease.
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