Common use of Sentence Clause in Contracts

Sentence. Notwithstanding the above, Sublandlord shall not be liable to Subtenant for any failure in performance resulting from the failure in performance by the Overlandlord of the corresponding covenant of the Over▇▇▇▇▇ ▇▇▇ Sublandlord's obligations hereunder are accordingly conditional where such obligations require such parallel performance by Overlandlord. Subtenant recognizes that Sublandlord is not in a position to render any of the services or to perform any of the obligations required of Sublandlord by the terms of this Sublease; Sublandlord agrees, however, to use reasonable efforts to enforce the Over▇▇▇▇▇ ▇▇▇ the benefit of Subtenant upon Subtenant's request. Subtenant agrees to promptly reimburse Sublandlord for any and all reasonable costs it shall incur in expending any such efforts, and Subtenant does hereby indemnify and agree to hold Sublandlord harmless from and against any and all claims, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Sublandlord in expending such efforts. Except as provided in Section 4(g), nothing contained in this Sublease shall require Sublandlord to institute any suit or action to enforce any such rights. In amplification, and not in limitation of the foregoing, and without any allowance to Subtenant or other reduction, abatement or adjustment of Minimum Rent or Additional Rent, Sublandlord shall not be responsible for furnishing elevator, electric, HVAC, cleaning, painting, window washing or other services, nor for any maintenance, repairs installation or alterations in or to the Premises or the Sublease Premises. In addition to the foregoing, no such failure or default on the part of Overlandlord shall constitute an actual or constructive total or partial eviction of Subtenant or entitle Subtenant to a reduction or abatement of Minimum Rent or Additional Rent hereunder except as expressly provided herein to the contrary. Notwithstanding anything contained herein to the contrary, to the extent that the failure in performance by the Overlandlord of its obligations under the Over▇▇▇▇▇ ▇▇▇ults in a right to an abatement of rent under the Over▇▇▇▇▇ ▇▇▇h respect to the Sublease Premises, Subtenant shall be entitled to an abatement of rent hereunder; provided, however, the amount of such abatement shall not exceed the amount of abatement under the Over▇▇▇▇▇ ▇▇▇ch Sublandlord has a right to receive with respect to the Sublease Premises. (c) In any case where the consent or approval of Overlandlord shall be required pursuant to the Over▇▇▇▇▇, ▇▇blandlord's consent shall also be required hereunder; provided, however, Sublandlord agrees not to unreasonably withhold its consent under this Section 4(c) to any item which shall have been approved by Overlandlord. Sublandlord warrants and represents that a complete copy of the Over▇▇▇▇▇ ▇▇ attached hereto as Exhibit B and there are no rules or regulations promulgated under the Over▇▇▇▇▇. (d) If Subtenant shall default (beyond any applicable notice and cure period) in the payment of Minimum Rent or Additional Rent hereunder or in the performance or observance of any of the terms, covenants or conditions of this Sublease or the Over▇▇▇▇▇ (▇▇ the extent applicable to the Sublease Premises) on the part of Subtenant to be performed or observed, Sublandlord shall have all rights available at law and/or equity and the right (but not the obligation) to exercise against Subtenant in connection with this Sublease all of the same rights and remedies provided to or reserved

Sentence. Notwithstanding All or any portion of a Global Preferred Security may be exchanged for a Preferred Security that has a like aggregate principal amount and is not a Global Preferred Security upon 20 days' prior written request made by the Clearing Agency or its authorized representative to the Property Trustee; provided, however that no Definitive Preferred Security Certificate shall be issued in an amount representing less than $100,000 in aggregate Liquidation Amount of Preferred Securities. Upon the occurrence of any event specified in clause (a), (b) or (c) above, Sublandlord the Administrative Trustees shall not be liable to Subtenant for any failure notify the Clearing Agency and the Clearing Agency shall notify all Owners of beneficial interests in performance resulting from Global Preferred Securities, the failure in performance by Property Trustee and the Overlandlord Administrative Trustees of the corresponding covenant occurrence of such event and of the Over▇▇▇▇▇ ▇▇▇ Sublandlord's obligations hereunder are accordingly conditional where such obligations require such parallel performance by Overlandlord. Subtenant recognizes that Sublandlord is not in a position to render any availability of the services or Definitive Preferred Security Certificate to perform any of such Owners requesting the obligations required of Sublandlord by the terms of this Sublease; Sublandlord agrees, however, to use reasonable efforts to enforce the Over▇▇▇▇▇ ▇▇▇ the benefit of Subtenant upon Subtenant's request. Subtenant agrees to promptly reimburse Sublandlord for any and all reasonable costs it shall incur in expending any such efforts, and Subtenant does hereby indemnify and agree to hold Sublandlord harmless from and against any and all claims, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Sublandlord in expending such efforts. Except as provided in Section 4(g), nothing contained in this Sublease shall require Sublandlord to institute any suit or action to enforce any such rights. In amplification, and not in limitation of the foregoing, and without any allowance to Subtenant or other reduction, abatement or adjustment of Minimum Rent or Additional Rent, Sublandlord shall not be responsible for furnishing elevator, electric, HVAC, cleaning, painting, window washing or other services, nor for any maintenance, repairs installation or alterations in or to the Premises or the Sublease Premises. In addition to the foregoing, no such failure or default on the part of Overlandlord shall constitute an actual or constructive total or partial eviction of Subtenant or entitle Subtenant to a reduction or abatement of Minimum Rent or Additional Rent hereunder except as expressly provided herein to the contrary. Notwithstanding anything contained herein to the contrary, to the extent that the failure in performance by the Overlandlord of its obligations under the Over▇▇▇▇▇ ▇▇▇ults in a right to an abatement of rent under the Over▇▇▇▇▇ ▇▇▇h respect to the Sublease Premises, Subtenant shall be entitled to an abatement of rent hereundersame; provided, however, that no Definitive Preferred Security Certificate shall be issued in an amount representing less than $10 in aggregate Liquidation Amount of Preferred Securities. Upon surrender to the amount Administrative Trustees of the typewritten Preferred Securities Certificate or certificates representing the Global Preferred Securities held by the Clearing Agency, accompanied by registration instructions, the Administrative Trustees, or any one of them, shall execute Definitive Preferred Securities Certificates in accordance with the instructions of the Clearing Agency. Neither the Securities Registrar nor the Trustees shall be liable for any delay in delivery of such abatement instructions and may conclusively rely on, and shall not exceed be protected in relying on, such instructions. Upon the amount issuance of abatement under a Definitive Preferred Securities Certificate, the Over▇▇▇▇▇ ▇▇▇ch Sublandlord has Trustees shall recognize the Holder of the Definitive Preferred Securities Certificate as a right to receive with respect Securityholder. Definitive Preferred Securities Certificates shall be printed, lithographed or engraved or may be produced in any other manner as is reasonably acceptable to the Sublease PremisesAdministrative Trustees, as evidenced by the execution thereof by the Administrative Trustees or any one of them. (c) In any case where the consent or approval of Overlandlord shall be required pursuant to the Over▇▇▇▇▇, ▇▇blandlord's consent shall also be required hereunder; provided, however, Sublandlord agrees not to unreasonably withhold its consent under this Section 4(c) to any item which shall have been approved by Overlandlord. Sublandlord warrants and represents that a complete copy of the Over▇▇▇▇▇ ▇▇ attached hereto as Exhibit B and there are no rules or regulations promulgated under the Over▇▇▇▇▇. (d) If Subtenant shall default (beyond any applicable notice and cure period) in the payment of Minimum Rent or Additional Rent hereunder or in the performance or observance of any of the terms, covenants or conditions of this Sublease or the Over▇▇▇▇▇ (▇▇ the extent applicable to the Sublease Premises) on the part of Subtenant to be performed or observed, Sublandlord shall have all rights available at law and/or equity and the right (but not the obligation) to exercise against Subtenant in connection with this Sublease all of the same rights and remedies provided to or reserved