Common use of Repairs; Services Clause in Contracts

Repairs; Services. In addition to Section 17 hereof, Sublessee acknowledges that all services, repairs, maintenance, restorations, equipment and access to and for the Subleased Premises and the Building to be provided or performed by the Landlord under the Prime Lease and any insurance coverage of the Building or indemnification obligation of Landlord, will in fact be provided by Landlord and Sublessor shall have no obligation during the term of this Sublease to provide any such services, repairs, restorations, equipment, access, insurance or indemnification. Sublessee agrees to look solely to Landlord for the furnishing of such services, repairs, restorations, equipment, access, insurance and indemnification with respect to the Subleased Premises. Sublessor shall in no event be liable to Sublessee nor shall the obligations of Sublessee hereunder be impaired or the performance thereof excused because of any failure or delay on Landlord's part in furnishing such services, repairs, restorations, equipment, access, insurance or indemnification. If Landlord shall default in any of its obligations to Sublessor with respect to the Building or Subleased Premises, Sublessee shall be entitled to participate with Sublessor in the enforcement of Sublessor's rights against Landlord, but Sublessor shall have no obligation to bring any legal action or proceeding to enforce Sublessor's rights against Landlord. If, after written request from Sublessee, Sublessor shall fail or refuse to take appropriate action for the enforcement of Sublessor's rights against Landlord with respect to the Subleased Premises within a reasonable period of time considering the nature of Landlord's default, Sublessee shall have the right to take such action in its own name and for that purpose and only to such extent in accordance with the terms of this Sublease, all of the rights of Sublessor under the Prime Lease hereby are conferred upon and assigned to Sublessee and Sublessee hereby is subrogated to such right to the extent that the same shall apply to the Subleased Premises. If any such action against Landlord in Sublessee's name shall be barred by reason of lack of privity, nonassignability or otherwise, Sublessee may take such action in Sublessor's name, provided that Sublessee hereby agrees that Sublessee shall indemnify, defend and hold Sublessor harmless from and against all liability, loss, damage or expense, including, with limitation, reasonable attorneys’ fees, which Sublessor shall suffer or incur by reason of such action.

Repairs; Services. In addition to Section 17 hereof, Sublessee A. Subtenant acknowledges that it shall, at all times during the term of this Sublease, at its own cost and expense, take good care of the Premises and promptly make all repairs thereto and to the Building, whether structural or non-structural in nature, to the extent caused by or resulting from the carelessness, omission, neglect or improper conduct of Subtenant, Subtenant's servants, employees, invitees or licensees. All the aforesaid repairs shall be of quality or class equal to the work or construction existing immediately prior to the occurrence of such damage. Sublandlord acknowledges that as of the date hereof the Premises is in compliance with the Lease with respect to repairs. Subtenant acknowledges that except to the extent of Subtenant's obligations hereunder, all services, repairs, maintenance, restorations, equipment and access to and for the Subleased Premises and the Building to be provided or performed by the Landlord "Landlord" under the Prime Lease and any insurance coverage of the Building or indemnification obligation of LandlordBuilding, will in fact be provided by Landlord and Sublessor Sublandlord shall have no obligation during the term of this Sublease to provide any such services, repairs, restorations, equipment, accessaccess or insurance except to the extent that any damage, insurance injury or indemnificationcost is directly caused by the wrongful acts or omissions of the Sublandlord. Sublessee Subtenant agrees to look solely to Landlord for the furnishing of such services, repairs, restorations, equipment, access, access and insurance and indemnification with respect to the Subleased Premises. Sublessor Sublandlord shall in no any event be liable to Sublessee Subtenant (except to the extent that any damage, injury or cost is directly caused by the wrongful acts or omissions of the Sublandlord) nor shall the obligations of Sublessee Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Landlord's part in furnishing such services, repairs, restorations, equipment, access, insurance access or indemnificationinsurance. If Landlord shall default in any of its obligations to Sublessor Sublandlord with respect to the Building or Subleased Premises, Sublessee Subtenant shall be entitled to participate with Sublessor Sublandlord in the enforcement of SublessorSublandlord's rights against Landlord, but Sublessor Sublandlord shall have no obligation to bring any legal action or proceeding or to take any steps to enforce SublessorSublandlord's rights against Landlord. If, after written request from SublesseeSubtenant, Sublessor Sublandlord shall fail or refuse to take appropriate action for the enforcement of SublessorSublandlord's rights against Landlord with respect to the Subleased Premises within a reasonable period of time considering the nature of Landlord's default, Sublessee Subtenant shall have the right to take such action in its own name and for that purpose only and only to such extent in accordance with the terms of this Subleaseextent, all of the rights of Sublessor Sublandlord under the Prime Lease hereby are conferred upon and assigned to Sublessee Subtenant and Sublessee Subtenant hereby is subrogated to such right to the extent that the same shall apply to the Subleased Premises. If any such action against Landlord in SublesseeSubtenant's name shall be barred by reason of lack of privity, nonassignability or otherwise, Sublessee Subtenant may take such action in SublessorSublandlord's namename provided Subtenant has obtained the prior written consent of Sublandlord, which consent shall not be unreasonably withheld or delayed, provided that Sublessee Subtenant hereby agrees that Sublessee Subtenant shall indemnify, defend and hold Sublessor Sublandlord harmless from and against all liability, loss, damage or expense, including, with limitation, reasonable attorneys’ ' fees, which Sublessor Sublandlord shall suffer or incur by reason of such actionaction by Subtenant. B. Sublandlord shall deliver to Subtenant notice of any default claimed by Sublandlord or any overlandlord promptly upon its receipt thereof. Anything contained in any provisions of this Sublease to the contrary notwithstanding, Subtenant agrees, with respect to the Premises, to comply with and remedy any such default claimed by Landlord (not caused by Sublandlord) within the period allowed to Sublandlord as Tenant under the Lease. Subtenant agrees to forward to Sublandlord, upon receipt thereof, copies of any notices received by Subtenant with respect to the Premises from Landlord or from any governmental authorities.