Common use of Obligations of Sublessor Clause in Contracts

Obligations of Sublessor. Sublessor agrees to make all the payments as provided for in the Master Lease in accordance with its terms, and to comply with or perform all obligations of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from Sublessee, and provided Sublessee has not caused the defaults under this Sublease or the Master Lease, the unpaid amount may be deducted from Sublessee’s payments which are obligated to pay to Sublessor by Sublessee under the Sublease. In the event that (i) Sublessor’s default under the Master Lease results in the termination of the Master Lease and (ii) such default is not caused in whole or in part by the action or inaction of the Sublessee, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Rent. If, as a result of any breach or default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate this Sublease, Sublessor shall reimburse Sublessee upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined to be a breach of this Sublease, whether or not such default is later cured by Sublessor.

Appears in 1 contract

Samples: ADS Tactical, Inc.

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Obligations of Sublessor. Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder are those to which Sublessor agrees is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to make all the payments Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as provided a result of the failure of Master Lessor to perform said obligations except for in Master Xxxxxx's termination of the Sublessor's interest as Lessee under the Master Lease in accordance with its terms, and to comply with or perform all obligations the event of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s 's breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from SublesseeLease, and provided Sublessee has not caused the defaults shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage including, without limitation, all costs and attorneys' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease or Sublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform. When the Master Lease grants the Master Lessor a specific number of days to perform its obligations thereunder, to the extent Sublessor is obligated to perform such obligations, Sublessor shall have five (5) additional days to perform. With respect to approval required to be obtained by "Landlord" under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the unpaid amount approval of Sublessor may be deducted from Sublessee’s payments which are obligated to pay to Sublessor by Sublessee under the Sublease. In the event that (i) Sublessor’s default under the withheld if Master Lease results in the termination of the Master Lease and (ii) such default Xxxxxx's consent is not caused in whole or in part by the action or inaction of the Sublessee, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Rent. If, as a result of any breach or default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate this Sublease, Sublessor shall reimburse Sublessee upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined to be a breach of this Sublease, whether or not such default is later cured by Sublessorobtained.

Appears in 1 contract

Samples: Sublease Agreement (Blue Coat Systems Inc)

Obligations of Sublessor. Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder are those to which Sublessor agrees is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to make all the payments Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as provided a result of the failure of Master Lessor to perform said obligations except for in Master Lessor's termination of the Sublessor's interest as Lessee under the Master Lease in accordance with its terms, and to comply with or perform all obligations the event of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage including, without limitation, all costs and attorneys' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease, when the Master Lease after providing notice grants Sublessor a specific number of days to Sublessor of perform its intentions obligations thereunder, Sublessee shall have two (2) fewer days to do so. All Sublessee’s costsperform, expenses and payments paid or incurred by provided in no event will Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty have less than two (302) days following notice from Sublesseeto perform. If Sublessor has not refunded such costs within thirty (30) days after written notice from Sublessee, and provided Sublessee has not caused the defaults With respect to approval required to be obtained by "Landlord" under this Sublease or the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the unpaid amount approval of Sublessor may be deducted from Sublessee’s payments which are obligated to pay to Sublessor by Sublessee under the Sublease. In the event that (i) Sublessor’s default under the withheld if Master Lease results in the termination of the Master Lease and (ii) such default Lessor's consent is not caused in whole or in part by the action or inaction of the Sublessee, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Rent. If, as a result of any breach or default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate this Sublease, Sublessor shall reimburse Sublessee upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined to be a breach of this Sublease, whether or not such default is later cured by Sublessorobtained.

Appears in 1 contract

Samples: Sublease Agreement (Blue Coat Systems Inc)

Obligations of Sublessor. Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder are those to which Sublessor agrees is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to make the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Such reasonable good faith efforts shall include, without limitations, upon Sublessee's request, (a) immediately notifying Master Landlord of its non-performance under the Master Lease and requesting that Master Landlord perform its obligations under the Master Lease and/or (b) assigning Sublessor's rights under the Master Lease to Sublessee to the extent necessary to permit Sublessee to institute legal proceedings against Master Landlord to obtain the performance of Master Landlord's obligations under the Master Lease; provided, however, that if Sublessee commences a lawsuit or other action, Sublessee shall pay all costs and expenses incurred in connection therewith, and Sublessee shall indemnify Sublessor against, and hold Sublessor harmless from, all costs and expenses incurred by Sublessor in connection therewith. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the payments failure of Master Lessor to perform said obligations except for Master Lessor's termination of the Sublessor's interest as provided for in Lessee under the Master Lease in accordance with its terms, and to comply with or perform all obligations the event of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s 's breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from Sublessee, and provided Sublessee has not caused the defaults under this Sublease or the Master Lease, the unpaid amount may be deducted from Sublessee’s payments which are obligated to pay to Sublessor by Sublessee under the Sublease. In the event that (i) Sublessor’s default under the Master Lease results in the termination of the Master Lease and (ii) such default is not caused in whole or in part by the action or inaction of the Sublessee, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Rent. If, as a result of any breach or default by indemnify and hold Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate this Sublease, Sublessor shall reimburse Sublessee upon demand for harmless from any and all reasonable attorney’s feesclaims and liability whatsoever for any such damage including, without limitation, all costs and expenses so attorneys' fees incurred by Sublessee. Sublessor further agrees to pay interest at the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined to be a breach of this Sublease, whether or not such default is later cured by Sublessorin defending against same.

Appears in 1 contract

Samples: Sublease Agreement (Digital Impact Inc /De/)

Obligations of Sublessor. Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder are those to which Sublessor agrees is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to make all the payments Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using due diligence and its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Such due diligence and good faith efforts shall include (a) upon Sublessee’s written request, promptly notify Master Lessor of its non-performance under the Master Lease, and requesting that Master Lessor perform its obligations under the Master Lease, and (b) upon Subtenant’s written request, if Master Lessor’s non-performance continues beyond any applicable cure periods provided in the Master Lease, commencing a lawsuit or other action against Master Lessor to obtain the performance required from Master Lessor under the Master Lease. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as provided a result of the failure of Master Lessor to perform said obligations except for in Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in accordance with its terms, and to comply with or perform all obligations the event of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s breach of the Master Lease after providing notice to Sublessor Lease. Each party (the “Indemnifier”) shall defend, indemnify and hold the other (the “Indemnified”) harmless from and against any damages, claims or costs (save for claims, damages or costs arising from consequential damages or damages for loss of its intentions to do so. All Sublessee’s costs, expenses and payments paid or profit) including attorneys’ fees incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice the Indemnified from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from Sublessee, and provided Sublessee has not caused the defaults under this Sublease or Indemnifier’s breach of the Master Lease, the unpaid amount may be deducted from Sublessee. Each party’s payments which are obligated to pay to Sublessor by Sublessee obligations under the Sublease. In the event that (i) Sublessor’s default under the Master Lease results in this section shall survive the termination of the Master Lease and (ii) such default is not caused in whole or in part by the action or inaction of the Sublessee, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Rent. If, as a result of any breach or default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate this Sublease, Sublessor shall reimburse Sublessee upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined to be a breach of this Sublease, whether or not such default is later cured by Sublessor.

Appears in 1 contract

Samples: Sublease Agreement (Roxio Inc)

Obligations of Sublessor. Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder are those to which Sublessor agrees is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to make all the payments Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as provided a result of the failure of Master Lessor to perform said obligations except for in Master Xxxxxx's termination of the Sublessor's interest as Lessee under the Master Lease in accordance with its terms, and to comply with or perform all obligations the event of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s 's breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from SublesseeLease, and provided Sublessee has not caused the defaults shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage including, without limitation, all costs and attorneys' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease or Sublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform. With respect to approval required to be obtained by "Landlord" under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the unpaid amount approval of Sublessor may be deducted from Sublessee’s payments which are obligated to pay to Sublessor by Sublessee under the Sublease. In the event that (i) Sublessor’s default under the withheld if Master Lease results in the termination of the Master Lease and (ii) such default Xxxxxx's consent is not caused in whole or in part by the action or inaction of the Sublessee, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Rent. If, as a result of any breach or default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate this Sublease, Sublessor shall reimburse Sublessee upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined to be a breach of this Sublease, whether or not such default is later cured by Sublessorobtained.

Appears in 1 contract

Samples: Sublease Agreement (Commerce Energy Group Inc)

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Obligations of Sublessor. Notwithstanding anything herein contained, for those services or rights to which Sublessor agrees is entitled to make all receive from Master Lessor under the payments Master Lease, Sublessor's obligations to Sublessee hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as provided a result of the failure of Master Lessor to perform said obligations except for in (a) Master Lessor's termination of Sublessor's interest as Lessee under the Master Lease in accordance with its termsthe event of, and or Master Lessor's refusal to comply with or perform all said obligations of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional rightbecause of, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s 's breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from Sublessee, and provided Sublessee has not caused the defaults under this Sublease or the Master Lease, the unpaid amount may be deducted from Sublessee’s payments which are obligated to pay to Sublessor by Sublessee under the Sublease. In the event that or (ib) Sublessor’s default under the 's failure to use reasonable good faith efforts to obtain Master Lease results in the termination of the Master Lease and (ii) such default is not caused in whole or in part by the action or inaction of the SublesseeLessor's performance, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Renthold Sublessor harmless from any and all claims and liability whatsoever for any such damage including, without limitation, all costs and attorneys' fees incurred in defending against same. If, as a result of any breach or Unless Sublessee is in default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate under this Sublease, Sublessor shall reimburse Sublessee upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at timely perform its obligations under the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined Master Lease unless these obligations are to be a breach performed by Sublessee under the terms of this Sublease, whether or not such default is later cured by Sublessor.

Appears in 1 contract

Samples: Sublease Agreement (Neoforma Com Inc)

Obligations of Sublessor. The only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor agrees is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to make all the payments Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as provided a result of the failure of Master Lessor to perform said obligations except for in Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in accordance with its terms, and to comply with or perform all obligations the event of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from SublesseeLease, and provided Sublessee has not shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the defaults Master Lease) including, without limitation, all costs and attorneys’ fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligation, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the unpaid amount approval of Sublessor may be deducted from Sublesseewithheld if Master Lessor’s payments which are obligated to pay to Sublessor by Sublessee under the Sublease. In the event that (i) Sublessor’s default under the Master Lease results in the termination of the Master Lease and (ii) such default consent is not caused in whole or in part by the action or inaction of the Sublessee, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Rent. If, as a result of any breach or default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate this Sublease, Sublessor shall reimburse Sublessee upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined to be a breach of this Sublease, whether or not such default is later cured by Sublessorobtained.

Appears in 1 contract

Samples: Sublease Agreement (Blue Coat Systems Inc)

Obligations of Sublessor. Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder are those to which Sublessor agrees is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to make the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations, including, without limitation: (a) upon Sublessee’s written request, immediately notifying Master Lessor of its nonperformance under the Master Lease and request that Master Lessor perform its obligations under the Master Lease and (b) permitting Sublessee to commence legal action in Sublessor’s name to obtain the performance required from Master Lessor under the Master Lease, so long as Sublessee indemnifies and holds Sublessor harmless from any such action including attorney’s fees and costs, provided Sublessee shall reimburse Sublessor for all reasonable costs incurred by Sublessor in such efforts, Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the payments failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as provided for in Lessee under the Master Lease in accordance with its terms, and to comply with or perform all obligations the event of the Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from SublesseeLease, and provided Sublessee has not caused the defaults shall indemnify and hold Sublessor harmless from any and all Claims whatsoever incurred in defending against same, With respect to any obligation of Sublessee to be performed under this Sublease or Sublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, With respect to approval required to be obtained by “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the unpaid amount approval of Sublessor may be deducted from Sublesseewithheld if Master Lessor’s payments which are obligated to pay to Sublessor by Sublessee under the Sublease. In the event that (i) Sublessor’s default under the Master Lease results in the termination of the Master Lease and (ii) such default consent is not caused in whole or in part by the action or inaction of the Sublessee, this Sublease shall terminate as of the date of termination of the Master Lease and Sublessee shall have no further obligation to pay the unpaid balance of the Rent. If, as a result of any breach or default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to secure compliance with such provisions or recover damages therefore, or to terminate this Sublease, Sublessor shall reimburse Sublessee upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the rate of ten percent (10%) per annum from the date of default to the date of the cure on any amount determined to be a breach of this Sublease, whether or not such default is later cured by Sublessorobtained.

Appears in 1 contract

Samples: Sublease Agreement (Selectica Inc)

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