Common use of SUBLESSOR'S OBLIGATIONS Clause in Contracts

SUBLESSOR'S OBLIGATIONS. Sublessor shall have no responsibility to Subtenant for, and shall not be required to provide, any of the services, make any of the repairs, restorations, alterations or improvements, comply with any laws or requirements or any governmental authorities or take any other action that Master Landlord has agreed to provide, make, comply with or take or cause to be provided, made or complied with or taken under the Master Lease and Subtenant shall rely upon and look solely to the Master Landlord for the provision or making thereof. Subtenant shall not make any claim against Sublessor for any damage which may result from, nor shall Subtenant's obligations hereunder, including, without limitation, Subtenant's obligation to pay all rent when due, be impaired by reason of (a) failure of Master Landlord to keep, observe or perform any of its obligations under the Master Lease respectively, or (b) the acts or omissions of Master Landlord or any of its agents, contractors, servants, employees, invitees or licensees, except that Sublessee's rent shall be abated for inability to use the Premises if and to the extent that Sublessor's rent for the Premises is abated pursuant to the Master Lease. Should Master Landlord fail to comply with any or all obligations affecting the Premises under the Master Lease Agreement, Sublessor will make a good faith attempt to enforce Subtenant's rights. Nothing contained in this provision shall be construed to permit Subtenant to offset against the Subtenant's rent obligation due hereunder.

SUBLESSOR'S OBLIGATIONS. Sublessor agrees that except as expressly provided herein, Sublessee shall have and enjoy the same rights which Sublessor, as tenant under the Lease, has to performance by Landlord of any service, repair, alteration or other similar obligation which is the obligation of Landlord to perform under those provisions of the Lease incorporated herein, provided, however, that notwithstanding anything contained in this Sublease to the contrary, Sublessor shall have no responsibility to Subtenant Sublessee for, and shall not be required to provide, any of the services, services or make any of the repairs, restorations, alterations repairs or improvements, comply with any laws or requirements or any governmental authorities or take any other action that Master restorations which Landlord has agreed to make or provide, make, comply with or take or cause to be made or provided, made or complied with or taken under the Master Lease (including, without limitation, Landlord's obligations set forth in Article 5 of the Lease) and Subtenant Sublessee shall rely upon upon, and look solely to the Master to, Landlord for the provision of such services and the performance of such repairs and restorations. Sublessor agrees to use reasonable efforts to cooperate in assisting Sublessee to obtain such repairs from Landlord, if requested. In no event shall Sublessor have any obligation to bring any action or making thereofproceeding or to take any steps to enforce Sublessor's rights against Landlord. Subtenant Sublessee shall contact Sublessor's facility manager, Spauxxxxx & Xlye Xxxliers (or such other person or entity as Sublessor shall from time to time identify as its facility manager by notice to Sublessee), for all Building concerns such as maintenance, janitorial, cafeteria, fitness center, parking, security and other Building related issues. Sublessee shall not make any claim against Sublessor for any damage which may result from, nor shall Subtenant's obligations hereunder, including, without limitation, Subtenant's obligation to pay all rent when due, be impaired by reason of (a) failure of Master Landlord to keep, observe or perform any of its obligations under the Master Lease respectively, or (b) the acts or omissions of Master Landlord or any of its agents, contractors, servants, employees, invitees or licensees, except that Sublessee's rent shall be abated for inability to use the Premises if and to the extent that Sublessor's rent for the Premises is abated pursuant to the Master Lease. Should Master Landlord fail to comply with any or all obligations affecting the Premises under the Master Lease Agreement, Sublessor will make a good faith attempt to enforce Subtenant's rights. Nothing contained in this provision shall be construed to permit Subtenant to offset against the Subtenant's rent obligation due hereunder.any

SUBLESSOR'S OBLIGATIONS. Sublessor shall have no responsibility to Subtenant for, and shall not be required to provide, any The benefit of the services, make any of the all repairs, restorations, alterations compliance with law and other requirements, materials and services to be provided to the Subleased Premises and the Building by Landlord under the Prime Lease shall accrue to Sublessee; but, notwithstanding anything to the contrary in this Sublease or improvementsin the Prime Lease, Sublessor shall under no circumstances be obligated to make any repairs or restorations, comply with any laws or other requirements or to supply any governmental authorities materials or take any other action that Master Landlord has agreed to provide, make, comply with or take or cause to be provided, made or complied with or taken under the Master Lease and Subtenant shall rely upon and look solely services to the Master Landlord Subleased Premises or the Building; and Sublessor shall under no circumstances be liable to Sublessee for the provision failure of Landlord or making thereofothers so to do. Subtenant Upon Sublessee’s written request, Sublessor shall not present to Landlord, in the name of Sublessor, any demand requested by Sublessee for any such repairs, restorations, materials or right to exercise, in Sublessor’s name, but at Sublessee’s sole cost and expense, all of the rights available to Sublessor to enforce performance of the obligations of Landlord to make any claim against Sublessor for such repairs and restorations and to supply any damage which may result from, nor shall Subtenant's obligations hereunder, including, without limitation, Subtenant's obligation such materials and services to pay all rent when due, be impaired by reason the Subleased Premises and no failure on the part of (a) failure of Master Landlord to keepperform and no failure to furnish, observe or perform interruption of any of its services or facilities shall give rise to any (i) abatement, diminution or reduction in Sublessee’s obligations under the Master Lease respectively, this Sublease or (bii) liability on the acts or omissions part of Master Landlord or any of its agents, contractors, servants, employees, invitees or licenseesSublessor, except that Sublessee's rent shall be abated for inability to use the Premises if and in each case to the extent Sublessor is entitled to an abatement, diminution or reduction in rent with respect to the Subleased Premises as Tenant under the Prime Lease. Subject to Section 17.05 of the Prime Lease, Sublessor shall furnish to the Subleased Premises during the Term adequate air conditioning during periods beginning at 7 a.m. until 8 p.m. on business days (as such term is defined in the Prime Lease) and 8 a.m. until 3 p.m. on Saturdays. Landlord hereby represents that Sublessor's rent for as of the date hereof, the AC Units and Tenant’s AC Equipment are in good working order. Sublessee shall have access to the Subleased Premises is abated pursuant to Section 19.09 of the Master Prime Lease, which Section 19.09 is incorporated herein by reference under Article 7 of this Sublease. Should Master Sublessee shall have the right, at Sublessee’s sole cost and expense, to exercise and to enforce, by legal action, in Sublessor’s name (if required because of a lack of privity between Landlord fail and Sublessee) all of the rights available to comply with any or all obligations affecting the Premises Sublessor under the Master Prime Lease Agreement, Sublessor will make a good faith attempt to enforce Subtenant's rights. Nothing contained in this provision shall be construed the performance of the obligations of Landlord under the Prime Lease as applicable to permit Subtenant to offset against the Subtenant's rent obligation due hereunderSubleased Premises.

SUBLESSOR'S OBLIGATIONS. Sublessor shall have no responsibility to Subtenant for, and shall not be required to provide, any The benefit of the services, make any of the all repairs, restorations, alterations compliance with law and other requirements, materials and services to be provided to the Subleased Premises and the Building by Landlord under the Prime Lease sball accrne to Sublessee; but, nonwithstanding anything to the contrary in this Sublease or improvementsin the Prime Lease, Sublessor shall under no circumstances be obligated to make any repairs or restorations, comply with any laws or other requirements or to supply any governmental authorities materials or take services to the Subleased Premises or the Building; and Sublessor shall under no circumstances be liable to Sublessee for the failure of Landlord or others so to do. Upon Sublessee’s written request, Sublessor shall present to Landlord, in the name of Sublessor, any other action that Master demand requested by Sublessee for any such repairs, restorations, materials or right to exercise, in Sublessor’s name, but at Sublessee’s sole cost and expense, all of the rights available to Sublessor to enforce performance of the obligations of Landlord to make any such repairs and restorations and to supply any such materials and services to the Subleased Premises. If requested by Sublessee, Sublessor shall exercise whatever rights Sublessor has agreed to provide, make, comply with or take or cause to be provided, made or complied with or taken under the Master Prime Lease to dispute increases in Taxes using Sublessee’s consultants. Any such exercise by Sublessor shall be at Sublessee’s sale cost and Subtenant shall rely upon expense. No failure by Landlord to make any such repairs or restorations or to supply any such materials and look solely services to the Master Landlord for the provision Subleased Premises, and no cessation, interruption or making thereof. Subtenant suspension of any service provided by Landlord, shall not make entitle Sublessee to any claim against Sublessor for any damage which may result fromdiminution or abatement of Fixed Rent or Additional Rent or other compensation under this Sublease, nor shall Subtenant's obligations hereunder, including, without limitation, Subtenant's obligation to pay all rent when due, this Sublease be impaired affected by reason of (a) failure of Master Landlord to keepany such failure, observe cessation, iuterruption or perform any of its obligations under the Master Lease respectively, or (b) the acts or omissions of Master Landlord or any of its agents, contractors, servants, employees, invitees or licenseessuspension, except that Sublessee's rent shall be abated for inability to use the Premises if and to the extent that Sublessor's rent for Sublessor shall receive an abatement of Rent under the Premises is abated pursuant Prime Lease, Sublesee shall be entitled to a similar abatement with respect to the Master Lease. Should Master Landlord fail to comply with any or all obligations affecting the Premises under the Master Lease Agreement, Sublessor will make a good faith attempt to enforce Subtenant's rights. Nothing contained in this provision shall be construed to permit Subtenant to offset against the Subtenant's rent obligation due hereunderSubleased Premises.

SUBLESSOR'S OBLIGATIONS. Sublessor agrees that except as expressly provided herein, Sublessee shall have and enjoy the same rights which Sublessor, as tenant under the Lease, has to performance by Landlord of any service, repair, alteration or other similar obligation which is the obligation of Landlord to perform under those provisions of the Lease incorporated herein, provided, however, that notwithstanding anything contained in this Sublease to the contrary, Sublessor shall have no responsibility to Subtenant Sublessee for, and shall not be required to provide, any of the services, services or make any of the repairs, restorations, alterations repairs or improvements, comply with any laws or requirements or any governmental authorities or take any other action that Master restorations which Landlord has agreed to make or provide, make, comply with or take or cause to be made or provided, made or complied with or taken under the Master Lease (including, without limitation, Landlord's obligations set forth in Article 5 of the Lease) and Subtenant Sublessee shall rely upon upon, and look solely to the Master to, Landlord for the provision or making thereofof such services and the performance of such repairs and restorations. Subtenant SUBLESSEE SHALL CONTACT SUBLESSOR'S FACILITY MANAGER, SPAULDING & SLYE COLLIERS (OR SUCH OTHER PERSON OR ENTITY AS SUXXXXXXX XHALX XXOM TIME TO TIME IDENTIFY AS ITS FACILITY MANAGER BY NOTICE TO SUBLESSEE), FOR ALL BUILDING CONCERNS SUCH AS MAINTENANCE, JANITORIAL, CAFETERIA, FITNESS CENTER, PARKING, SECURITY AND OTHER BUILDING RELATED ISSUES. Sublessee shall not make any claim against Sublessor for any damage which may result from, nor shall SubtenantSublessee's obligations hereunder, hereunder (including, without limitation, SubtenantSublessee's obligation to pay all rent Fixed Rent and Additional Rent when due, due be impaired by reason of (a) the failure of Master Landlord to keep, observe or perform any of its obligations under the Master Lease respectivelyLease, or (b) the acts or omissions of Master Landlord or any of its agents, contractors, servants, employees, invitees or licensees. If Landlord shall default in any of its obligations to Sublessor with respect to the Subleased Premises, except that Sublessee's rent Sublessee shall be abated for inability entitled to request that Sublessor enforce Sublessor's rights against Landlord with respect thereto. Sublessor agrees to use commercially reasonable efforts to enforce Sublessor's rights against Landlord. In no event shall Sublessor have any obligation to bring any action or proceeding against Landlord. In the Premises if event of such default and in the event that Sublessor elects a remedy that entitles Sublessor to rent abatement and Sublessor receives such abatement, then Sublessor agrees to pass on to Sublessee a share of such abatement to the extent that Sublessor's rent for the Premises is abated pursuant it applies to the Master Lease. Should Master Landlord fail to comply with any or all obligations affecting the Premises under the Master Lease Agreement, Sublessor will make a good faith attempt to enforce Subtenant's rights. Nothing contained in this provision shall be construed to permit Subtenant to offset against the Subtenant's rent obligation due hereunderSubleased Premises.

SUBLESSOR'S OBLIGATIONS. (a) Sublessee agrees that, notwithstanding the incorporation by reference of terms of the Prime Lease which under Article 6 would impose duties on Sublessor, except as expressly provided in this Sublease, to the extent Landlord fails or refuses to perform its obligations or to provide services under the Prime Lease or the Board fails or refuses to perform its obligations or to provide services under the Condominium Documents, Sublessor shall not be obligated to perform such obligations and Sublessor shall have no responsibility liability or obligation with respect thereto. Sublessee agrees that, except as expressly provided in this Sublease, no failure or delay on the part of Landlord in the performance of any obligation under the Prime Lease, or failure or delay by the Board, to Subtenant for, and shall not be required supply any service or to provide, any of the services, make any of the repairs, restorations, alterations repairs or improvements, comply with any laws replacements or requirements or any governmental authorities or to take any other action that Master Landlord has agreed to provide, make, comply with or take or cause to be provided, made or complied with or taken under the Master Lease and Subtenant shall rely upon and look solely respect to the Master Landlord for Subleased Premises or the provision or making thereof. Subtenant Building shall not make give rise to any claim against Sublessor for any damage which may result fromdamages or constitute a total or partial eviction, nor shall Subtenant's this Sublease or the obligations hereunder, including, without limitation, Subtenant's obligation of the Sublessee hereunder to pay Rent hereunder and to perform and observe all rent when dueof the other obligations, covenants, conditions and agreements on the part of Sublessee contained in this Sublease be impaired by reason of (a) failure of Master Landlord to keepthereby affected in any manner whatsoever, observe or perform any of its obligations under the Master Lease respectivelyprovided, or (b) the acts or omissions of Master Landlord or any of its agentshowever, contractors, servants, employees, invitees or licensees, except that Sublessee's rent shall be abated for inability to use the Premises if and to the extent that Sublessor's rent for Sublessor is entitled to an abatement of or credit against Fixed Rent and Recurring Additional Rent under Section 6.02 of the Prime Lease or any other provision of the Prime Lease with respect to the portion of the Premises is abated pursuant to comprising the Master Lease. Should Master Landlord fail to comply with any or all obligations affecting the Premises under the Master Lease AgreementSubleased Premises, Sublessor will make a good faith attempt to enforce Subtenant's rights. Nothing contained in this provision Sublessee shall be construed entitled to permit Subtenant to offset a corresponding abatement of or credit against the Subtenant's rent obligation due hereunderBase Rent and Additional Rent payable under this Sublease.