Common use of SUBLESSOR'S OBLIGATIONS Clause in Contracts

SUBLESSOR'S OBLIGATIONS. (a) To the extent that the provision of any services or the performance of any maintenance or any other act respecting the Premises or Building is the responsibility of Master Lessor (collectively "Master Lessor Obligations"), upon Sublessee's request, Sublessor shall make reasonable efforts to cause Master Lessor to perform such Master Lessor Obligations, provided, however, that in no event shall Sublessor be liable to Sublessee for any liability, loss or damage whatsoever in the event that Master Lessor should fail to perform the same, nor shall Sublessee be entitled to withhold the payment of Rent or terminate this Sublease. It is expressly understood that the services and repairs which are incorporated herein by reference, including but not limited to the maintenance of exterior walls, structural portions of the roof, foundations, walls and floors, will in fact be furnished by Master Lessor and not by Sublessor, except to the extent otherwise provided in the Master Lease. In addition, Sublessor shall not be liable for any maintenance, restoration (following casualty or destruction) or repairs in or to the Building or Premises, other than its obligation hereunder to use reasonable efforts to cause Master Lessor to perform its obligations under the Master Lease. With respect to any maintenance or repair to be performed by Master Lessor respecting the Premises, the parties expressly agree that Sublessee shall have the right to contact Master Lessor directly to cause it to so perform.

SUBLESSOR'S OBLIGATIONS. (a) To the extent that the provision of any services or the performance of any maintenance or any other act respecting the Premises or Building (singly and/or collectively, "Master Lessor Obligations") is the responsibility of Master Lessor (collectively "Master Lessor Obligations")Lessor, Sublessor, upon Sublessee's request, Sublessor shall make reasonable efforts to cause Master Lessor to perform such Master Lessor Obligations, ; provided, however, that in no event shall Sublessor be liable to Sublessee for any liability, loss or damage whatsoever in the event that Master Lessor should shall fail to perform the same, nor shall Sublessee be entitled to withhold the payment of Rent rent or terminate this Sublease. It Except as provided in this paragraph 18, Sublessee acknowledges that Sublessor is expressly understood that not in a position to furnish the services and repairs which are incorporated herein by reference, including but not limited to the maintenance of exterior walls, structural portions of the roof, foundations, walls and floors, will in fact be furnished by Master Lessor and not by Sublessor, except to the extent otherwise provided set forth in the Master Lease. In addition, Sublessor shall obtain a nondisturbance agreement, or to perform certain other obligations which are not be liable for any within Sublessor's control, including without limitation, maintenance, repairs and replacements, compliance with laws, and restoration (following of the Premises or Buildings after casualty or destruction) or repairs in or condemnation. Notwithstanding anything to the Building or Premisescontrary contained therein, other than its obligation hereunder Sublessee agrees to use reasonable efforts look solely to cause the Master Lessor to furnish and perform its all services and obligations of Master Lessor under the Master Lease. With respect to any maintenance or repair to be performed by Master Lessor respecting the Premises, the parties expressly agree that Sublessee shall have the right to contact Master Lessor directly to cause it to so perform.

SUBLESSOR'S OBLIGATIONS. (a) To Except as specifically provided herein, Sublessor will not furnish or bear the extent that the provision cost of any services or repairs of any kind, including repairs needed as a result of destruction or condemnation (hereinafter collectively "services") to Sublessee. Sublessee will look solely to the Landlord for the providing and performance of any maintenance all services, if any, and will not seek nor require Sublessor to provide or any other act respecting the Premises or Building is the responsibility of Master Lessor (collectively "Master Lessor Obligations"), upon Sublessee's request, Sublessor shall make reasonable efforts to cause Master Lessor to perform such Master Lessor Obligations, provided, however, that in no event shall Sublessor be liable to Sublessee for any liability, loss or damage whatsoever in the event that Master Lessor should fail to perform the same, nor shall Sublessee be entitled make any claim upon Sublessor for any failure to withhold perform such obligation of Landlord respecting such services. (b) Without limiting the payment generality of Rent or terminate this Sublease. It Section 9 (a) above, it is expressly understood agreed that the services and repairs which are incorporated herein by reference, including but not limited (i) Sublessor's obligations to Sublessee hereunder with respect to the maintenance of exterior walls, structural portions of Leased Premises shall be no greater than Landlord's obligations to Sublessor under the roof, foundations, walls and floors, will in fact be furnished by Master Lessor and not by Sublessor, except to the extent otherwise provided in the Master Lease. In addition, Prime Lease with respect thereto; (ii) Sublessor shall not be liable for any maintenance, restoration (following casualty or destruction) or repairs in or to the Building or Premises, other than its obligation hereunder to use reasonable efforts to cause Master Lessor required to perform its obligations to Sublessee hereunder with respect to the Leased Premises only to the extent that Landlord has performed its similar obligations to Sublessor under the Master Lease. With Prime Lease with respect to any maintenance or repair to be performed by Master Lessor respecting the Premises, the parties expressly agree that thereto; (iii) Sublessee shall have no greater rights against Sublessor hereunder with respect to the right Leased Premises than Sublessor has against Landlord under the Prime Lease with respect thereto; and (iv) if Sublessee shall be entitled to contact Master Lessor directly recover damages from Sublessor for Sublessor's failure to cause perform its obligations to Sublessee hereunder with respect to the Leased Premises, it may so recover only to so performthe extent that Sublessor has succeeded in recovering from Landlord for its failure to perform its similar obligations to Sublessor.

SUBLESSOR'S OBLIGATIONS. (a) To Sublessee shall have no remedy against Sublessor for the extent that the provision enforcement of any services of the terms, provisions, duties or obligations of Landlord under the Principal Lease. In the event Landlord shall fail to perform its duties or obligations under the Principal Lease, Sublessee shall promptly notify Sublessor thereof in writing and Sublessee may request Sublessor to attempt to procure the performance of any maintenance such duties or any other act respecting obligations of Landlord (for the Premises or Building is purpose of this paragraph, Sublessor's "attempt to procure the responsibility performance" shall mean and be limited solely to the transmission of Master Lessor (collectively "Master Lessor Obligations"), upon Sublessee's request, Sublessor shall make reasonable efforts to cause Master Lessor to perform such Master Lessor Obligations, provided, however, that in no event shall Sublessor be liable to Sublessee for any liability, loss or damage whatsoever in the event that Master Lessor should fail to perform the same, nor shall Sublessee be entitled to withhold the payment of Rent or terminate this Sublease. It is expressly understood that the services and repairs notices which are incorporated herein by reference, including but not limited contemplated to be given under the maintenance of exterior walls, structural portions terms of the roofPrincipal Lease). If such request is made and Sublessor fails to attempt to procure the performance of Landlord's duties and obligations within a reasonable period thereafter, foundations, walls and floors, will in fact be furnished by Master Lessor and not by Sublessor, except to the extent otherwise provided in the Master Lease. In addition, Sublessor shall not be liable for any maintenance, restoration (following casualty or destruction) or repairs in or to the Building or Premises, other than its obligation hereunder to use reasonable efforts to cause Master Lessor to perform its obligations under the Master Lease. With respect to any maintenance or repair to be performed by Master Lessor respecting the Premises, the parties expressly agree that then Sublessee shall have the right in its own name or in Sublessor's name, to contact Master Lessor directly attempt to procure such performance by Landlord, at the sole cost and expense of Sublessee. Notwithstanding anything contained herein to the contrary, in no event shall Sublessee attempt to procure such performance so as to either (i) create a default by Sublessor as tenant under the Principal Lease, or (ii) cause it a termination or modification of the Principal Lease. Sublessee shall promptly inform Sublessor, in writing, from time to so performtime, of all developments in connection with any such claim, action or proceeding against Landlord by Sublessee, and Sublessor shall have the right, but not the duty, to participate in any such proceedings.

SUBLESSOR'S OBLIGATIONS. (a) To the extent that the provision of any services With respect to work, services, repairs, ----------------------- restoration or the performance of any maintenance or any other act respecting obligation of Landlord under the Premises or Building is Master Lease (including without limitation the responsibility obligations of Landlord in paragraphs 6, 10 and 24 of the Master Lessor Lease) (collectively collectively, "Master Lessor - -- -- Obligations"), upon Sublessee's request, the sole obligation of Sublessor shall make reasonable be to use its best efforts to cause Master Lessor to perform such Master Lessor Obligations, Obligations as and when requested to do so by Sublessee; provided, however, that in no event shall Sublessor be liable to Sublessee for any liability, loss or damage whatsoever in the event that Master Lessor should fail Lessor's failure to perform the same. If, nor shall Sublessee be entitled to withhold the payment of Rent or terminate this Sublease. It is expressly understood that the services and repairs which are incorporated herein by referencenotwithstanding Sublessor's efforts, including but not limited to the maintenance of exterior walls, structural portions of the roof, foundations, walls and floors, will in fact be furnished by Master Lessor and not by shall continue to fail to perform any Master Lessor Obligation, upon written request from Sublessee, Sublessor shall either assign Sublessor, except 's rights under the Master Lease to the extent otherwise provided in the Master Lease. In additionnecessary to permit Sublessee, Sublessor shall not be liable for any maintenanceat Sublessee's sole cost, restoration (following casualty or destruction) or repairs in or to the Building or Premises, other than its obligation hereunder to use reasonable efforts to cause institute legal proceedings against Master Lessor to perform its obligations under obtain the Master Lease. With respect to any maintenance or repair to be performed by performance of such Master Lessor respecting obligation (or assign any rights or remedies of Sublessor to obtain such performance); or Sublessor may, in its sole discretion, itself institute legal proceedings to enforce the Premises, the parties expressly agree that Sublessee shall have the right to contact performance of such Master Lessor directly Obligation. In the event that such legal proceedings are required, Sublessor and Sublessee agree to cause it to so performcooperate with each other in good faith in the course and conduct of such legal proceedings (including any settlement thereof).

SUBLESSOR'S OBLIGATIONS. (a) To Sublessor shall fully perform all of its obligations under the Master Lease to the extent that Sublessee has not expressly agreed to perform such obligations under this Sublease. Sublessor shall not terminate the provision Master Lease or take any actions which could give rise to a termination of the Master Lease, amend or waive any services provisions under the Master Lease or make any elections, exercise any right or remedy or give any consent or approval under the performance of any maintenance or any other act respecting Master Lease without, in each instance, Sublessee's prior written consent. Sublessor, with respect to the Premises or Building is the responsibility obligations of Master Lessor (collectively "under the Master Lessor Obligations")Lease, upon Sublesseeshall use Sublessor's request, Sublessor shall make reasonable diligent good faith efforts to cause Master Lessor to perform such obligations for the benefit of Sublessee. Such diligent good faith efforts shall include, without limitation: (a) upon Sublessee's written request, immediately notifying Master Lessor Obligationsof its nonperformance under the Master Lease, provided, however, that in no event shall Sublessor be liable to Sublessee for any liability, loss or damage whatsoever in the event and requesting that Master Lessor should fail to perform the same, nor shall Sublessee be entitled to withhold the payment of Rent or terminate this Sublease. It is expressly understood that the services and repairs which are incorporated herein by reference, including but not limited to the maintenance of exterior walls, structural portions of the roof, foundations, walls and floors, will in fact be furnished by Master Lessor and not by Sublessor, except to the extent otherwise provided in the Master Lease. In addition, Sublessor shall not be liable for any maintenance, restoration (following casualty or destruction) or repairs in or to the Building or Premises, other than its obligation hereunder to use reasonable efforts to cause Master Lessor to perform its obligations under the Master Lease. With respect ; and (b) permitting Sublessee to any maintenance commence a lawsuit or repair other action in Sublessor's name to be performed by obtain the performance required from Master Lessor respecting under the PremisesMaster Lease; provided, the parties expressly agree however, that if Sublessee commences a lawsuit or other action, Sublessee shall have the right to contact Master Lessor directly to cause it to so performpay all costs and expenses incurred in connection therewith, and Sublessee shall indemnify Sublessor against, and hold Sublessor harmless from, all reasonable costs and expenses incurred by Sublessor in connection therewith.