Common use of Sublandlord’s Obligations Clause in Contracts

Sublandlord’s Obligations. Sublandlord shall fully perform all of its obligations under the Master Lease to the extent Subtenant has not expressly agreed to perform such obligations under this Sublease. Sublandlord, with respect to the obligations of Landlord under the Master Lease, shall use Sublandlord's good faith efforts to cause Landlord to perform such obligations for the benefit of Subtenant. Such good faith efforts shall include, without limitation: (a) upon Subtenant's written request, immediately notifying Landlord of its nonperformance under the Master Lease, and requesting that Landlord perform its obligations under the Master Lease; and (b) permitting Subtenant to commence a lawsuit or other action in Subtenant's name to obtain the performance required from Landlord under the Master Lease; provided, however, that if Subtenant commences a lawsuit or other action, Subtenant shall pay all costs and expenses incurred in connection therewith, including any costs, expenses or penalties assessed by Landlord to Sublandlord, and Subtenant shall indemnify Sublandlord against, and hold Sublandlord harmless from, all reasonable costs and expenses incurred by Sublandlord in connection therewith, including costs, expenses or penalties assessed by Landlord.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

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Sublandlord’s Obligations. Sublandlord covenants and agrees that all obligations of Sublandlord under the Master Lease, other than those which are to be done or performed by Subtenant, with respect to the Sublease Premises shall fully be done or performed by Sublandlord. Sublandlord agrees that Subtenant shall be entitled to receive all services and repairs to be provided by Landlord to Sublandlord under the Master Lease. Subtenant shall look solely to Landlord for all such services and shall not, under any circumstances, seek nor require Sublandlord to perform all any of such services, nor shall Subtenant make any claim upon Sublandlord for any damages which may arise by reason of Landlord's default under the Master Lease. Any condition resulting from a default by Landlord shall not constitute as between Sublandlord and Subtenant an eviction, actual or constructive, of Subtenant and no such default shall excuse Subtenant from the performance or observance of any of its obligations to be performed or observed under this Sublease, or entitle Subtenant to receive any reduction in or abatement of the Rent provided for in this Sublease unless, and to the extent, Sublandlord is excused from performance, or entitled to a reduction or abatement of its rental obligations to Landlord under the Master Lease also. In furtherance of the foregoing, Subtenant does hereby waive any cause of action and any right to bring any action against Sublandlord by reason of any act or omission of Landlord under the Master Lease. Sublandlord covenants and agrees with Subtenant that Sublandlord will pay all fixed rent and additional rent payable by Sublandlord pursuant to the Master Lease to the extent Subtenant has not expressly agreed that failure to perform such obligations under this Sublease. Sublandlord, with respect to the obligations of Landlord under the Master Lease, shall use Sublandlord's good faith efforts to cause Landlord to perform such obligations for the benefit of Subtenant. Such good faith efforts shall include, without limitation: (a) upon same would adversely affect Subtenant's written request, immediately notifying Landlord use or occupancy of its nonperformance under the Master Lease, and requesting that Landlord perform its obligations under the Master Lease; and (b) permitting Subtenant to commence a lawsuit or other action in Subtenant's name to obtain the performance required from Landlord under the Master Lease; provided, however, that if Subtenant commences a lawsuit or other action, Subtenant shall pay all costs and expenses incurred in connection therewith, including any costs, expenses or penalties assessed by Landlord to Sublandlord, and Subtenant shall indemnify Sublandlord against, and hold Sublandlord harmless from, all reasonable costs and expenses incurred by Sublandlord in connection therewith, including costs, expenses or penalties assessed by LandlordSublease Premises.

Appears in 2 contracts

Samples: Sublease Agreement (Collateral Therapeutics Inc), Sublease Agreement and Furniture Rental Agreement (Collateral Therapeutics Inc)

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Sublandlord’s Obligations. Except as expressly otherwise provided herein Sublandlord shall fully perform all of its obligations under the Master Lease have no obligation to the extent Subtenant has not expressly agreed to perform such obligations under this Sublease. Sublandlord, with respect to the performance by Master Landlord of any obligations of Master Landlord under the Master Lease, shall except to use Sublandlord's good faith reasonable efforts to cause Landlord to perform such enforce Master Landlord's obligations for under the benefit of SubtenantMaster Lease. Such good faith reasonable efforts shall include, without limitation: , upon Subtenant's request, (a) upon Subtenant's written request, immediately notifying Master Landlord of its nonperformance non-performance under the Master Lease, Lease and requesting that Master Landlord perform its obligations under the Master Lease; and Lease and/or (b) permitting assigning Sublandlord's rights under the Master Lease to Subtenant to commence a lawsuit or other action in Subtenant's name the extent necessary to permit Subtenant to institute legal proceedings against Master Landlord to obtain the performance required from Landlord of Master Landlord's obligations under the Master Lease; provided, however, that if Subtenant commences a lawsuit or other action, Subtenant shall pay all costs and expenses incurred in connection therewith, including any costs, expenses or penalties assessed by Landlord to Sublandlord, and Subtenant shall indemnify Sublandlord against, and hold Sublandlord harmless from, all reasonable costs and expenses incurred by Sublandlord in connection therewith, including costs, expenses or penalties assessed by Landlord.

Appears in 1 contract

Samples: Opticnet Inc

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