SUBLESSEE'S REMEDIES. Nothing contained in this Article 4 shall be construed to release Sublessor from the performance of any of its agreements in this Sublease, and if Sublessor should fail to perform any such agreement, the Sublessee may institute such action against Sublessor as the Sublessee may deem necessary so long as such action shall not violate the Sublessee's agreements in Section 4.03. The Sublessee may, at its own cost and expense and in its own name, prosecute or defend any action or proceeding against third parties or take any other action which the Sublessee deems reasonably necessary in order to insure the acquisition, construction, and installation of the Facilities and to secure or protect its right of possession and use thereof under this Sublease. In such event, Sublessor agrees to cooperate fully and to cause the City to cooperate fully with the Sublessee and to take all action necessary to effect the substitution of the Sublessee for Sublessor and the City, as applicable, in any such action or proceeding if the Sublessee shall so request and agree to any and all costs and expenses and agree to indemnify the City and the Sublessor and save them harmless against any risks, claims, or liabilities arising out of such action, except to the extent that such costs and expenses arise out of the negligence, willful misconduct, bad faith or breach by the City or the Sublessor of their respective obligations under the Prime Lease or the Sublease.
SUBLESSEE'S REMEDIES. In the event of any Default and/or Breach on the part of Sublessor under any of the terms, provisions, covenants or agreements of this Sublease, Sublessee shall have the right to seek monetary damages or specific performance, but shall not have the right to terminate this Sublease, except as otherwise expressly provided herein in this Sublease. Notwithstanding anything contained in this Sublease, Sublessor shall not be deemed in breach of any obligation under this Sublease if it is reasonably unable to perform such obligation due to its status as a Lessee (and not the Lessor) under the Lease. By way of example but not limitation, if Lessor were required under the Lease to make certain repairs but refused to do so, and Sublessor (as Lessee under the Lease) was not permitted under the terms of the Lease to make such repairs, Sublessor would be reasonably unable to perform such repairs and therefore, not be deemed in Breach of the Sublease. As to obligations under the Sublease that Sublessor is reasonably able to perform, Sublessor shall not be deemed in breach of this Sublease unless Sublessor fails within a reasonable time to perform an obligation required to be performed by Sublessor. For purposes of the preceding sentence, a reasonable time shall in no event be more than thirty (30) days after receipt by Sublessor of written notice specifying wherein such obligation of Sublessor has not been performed; provided, however, that if the nature of Sublessor's obligation is such that more than thirty (30) days are reasonably required for its performance, then Sublessor shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.
SUBLESSEE'S REMEDIES. In the event of any default by Sublessor which shall. not be cured within ten (10) days following written notice from Sublessee to Sublessor of any monetary default or thirty (30) days following written notice from Sublessee to Sublessor specifying the non-monetary event of default (unless a non-monetary monetary default cannot reasonably be cured within thirty (30) days and Sublessor shall have commenced steps to cure said default within said thirty (30) day period and continues to pursue such steps to cure diligently), Sublessee shall have the option to:
SUBLESSEE'S REMEDIES. Sublessee shall not have the right, whether based upon a Master Lessor/Landlord default, the doctrine of constructive eviction or otherwise, to terminate this Sublease or to withhold, offset or xxxxx rent, Sublessee's sole recourse for Master Lessor/Landlord's default being an action for damages against Master Lessor/Landlord for diminution in the rental value of the Premises for the period of Master Lessor/Landlord's default, which is proximately cause by Master Lessor/Landlord's default. Sublessee shall not have the right to terminate this Sublease or to withhold, offset or xxxxx the payment of rent based upon the unreasonable or arbitrary withholding by Master Lessor/Landlord of its consent or approval of any matter requiring Master Lessor/Landlord's consent or approval, including any proposed assignment or subletting, Sublessee's remedies in such instance being limited to a declaratory relief action, specific performance, injunctive relief or an action for actual damages, and Sublessee waives any such right that it might otherwise have. Sublessee shall no in any case be entitled to any consequential or punitive damages based upon any Master Lessor/Landlord default, constructive eviction or withholding of consent or approval.
SUBLESSEE'S REMEDIES. In the event of any default on the part of Sublessor under any of the terms, provisions, covenants or agreements of the Master Lease or of this Sublease, except as otherwise specifically provided herein, Sublessee shall have the right to seek direct damages or specific performance, but shall not have the right to terminate this Sublease. Except to the extent of the gross negligence or willful misconduct of Sublessor. Sublessee expressly waives its rights to seek consequential damages from Sublessor and Overlandlord.
SUBLESSEE'S REMEDIES. In the event of any default, breach or violation of Sublessee's rights under this Sublease by Sublessor and/or Landlord, Sublessee's exclusive remedies shall be an action for specific performance or action for damages. Sublessee hereby waives the benefit of any laws granting it the right to perform Sublessor's and/or Landlord's obligation, a lien upon the property of Sublessor and/or Landlord and/or upon Rent due Sublessor, or the right to terminate this Sublease or withhold Rent on account of any Sublessor and/or Landlord default. Notwithstanding the foregoing provisions of this paragraph 19.2, if Sublessor has failed to make any repair, provide any improvement or perform any other obligation required of Sublessor hereunder within the sixty (60) day period following written notice from Sublessee, as provided in paragraph 19.1, then five (5) business days following Sublessor's and/or Landlord's receipt of a new written notice from Sublessee stating that such failure remains uncured (and provided such cure has not been then performed), Sublessee shall be entitled to cause the same to be performed and Sublessor shall reimburse Sublessee for the reasonable cost thereof, within thirty (30) days following presentation to Sublessor of copies of paid invoices for all such work. Notwithstanding anything to the contrary set forth herein, Sublessee may not make any repairs to, or perform any other work affecting, the structural integrity or external appearance of the Premises.
