Obligations of Sublessor. The only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in the event of Sublessor’s breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligation, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtained.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Blue Coat Systems Inc)
Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s ▇▇▇▇▇▇'s termination of the Sublessor’s 's interest as Lessee under the Master Lease in the event of Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ ' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligationSublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of . When the Master Lease grants the Master Lessor a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the specific number of days to perform as provided in its obligations thereunder, to the Master Lease. With respect extent Sublessor is obligated to any monetary obligation of Sublessee perform such obligations, Sublessor shall have five (5) additional days to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is dueperform. With respect to approval required to be obtained from “by "Landlord” " under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s ▇▇▇▇▇▇'s consent is not obtained.
Appears in 1 contract
Sources: Conditional Consent to Sublease (Blue Coat Systems Inc)
Obligations of Sublessor. The only services or rights Sublessor agrees to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under make all the payments as provided for in the Master LeaseLease in accordance with its terms, and for to comply with or perform all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the event of Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from Sublessee, and provided Sublessee has not caused the defaults under this Sublease or the Master Lease, and the unpaid amount may be deducted from Sublessee’s payments which are obligated to pay to Sublessor by Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage under the Sublease. In the event that (unless such damage is caused by i) Sublessor’s breach default under the Master Lease results in the termination of the Master LeaseLease and (ii) includingsuch default is not caused in whole or in part by the action or inaction of the Sublessee, without limitation, all costs and attorneys’ fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligation, when shall terminate as of the date of termination of the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and Sublessee shall have two (2) fewer days than no further obligation to pay the number unpaid balance of days specified in such notice the Rent. If, as a result of any breach or the number of days to perform as provided default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease. With respect Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to any monetary obligation of Sublessee secure compliance with such provisions or recover damages therefore, or to be performed under terminate this Sublease, Sublessor shall reimburse Sublessee shall make upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the payments on or before rate of ten percent (10%) per annum from the date that such payment is due. With respect of default to approval required the date of the cure on any amount determined to be obtained from “Landlord” under the Master Leasea breach of this Sublease, whether or not such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent default is not obtainedlater cured by Sublessor.
Appears in 1 contract
Sources: Sublease (ADS Tactical, Inc.)
Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable Such reasonable good faith efforts shall include, without limitations, upon Sublessee's request, (a) immediately notifying Master Landlord of its non-performance under the Master Lease and requesting that Master Landlord perform its obligations under the Master Lease and/or (b) assigning Sublessor's rights under the Master Lease to Sublessee to the extent necessary to permit Sublessee to institute legal proceedings against Master Landlord to obtain any the performance of Master Landlord's obligations under the Master Lease; provided, however, that if Sublessee commences a lawsuit or other action, Sublessee shall pay all costs and expenses incurred in connection therewith, and Sublessee shall indemnify Sublessor against, and hold Sublessor harmless from, all costs and expenses incurred by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessorin connection therewith. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s 's termination of the Sublessor’s 's interest as Lessee under the Master Lease in the event of Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ ' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligation, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtained.
Appears in 1 contract
Obligations of Sublessor. The only services or rights to which 11.1 Sublessor shall perform all of the obligations of the Landlord under the Master Lease as if Sublessor was the Landlord under the Master Lease and Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled was the Tenant under the Master Lease, and for . Sublessor hereby grants to Sublessee the right to receive all such of the services and rights Sublessee shall look solely benefits with respect to the Master Sublease Premises which are to be provided by the Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability diligently and in good faith give to Landlord and Master Sublessor written notices received by Sublessor from Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor respecting services to perform said be provided, consents to be obtained and obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee preformed by Landlord under the Master Lease in or Master Sublessor under the event of Sublessor’s breach Master Sublease with respect to the Subleased Premises, and to thereafter use commercially reasonable efforts to obtain such services and/or performance.
11.2 Sublessor shall not terminate or take any action under the Master Lease or Master Sublease that could give rise to the termination of the Master LeaseLease or Master Sublease, and Sublessee amend or waive any provisions under the Master Sublease or make any elections, exercise any right or remedy or give any consent or approval under the Master Sublease without, in each instance, the Sublessee’s prior written consent if any of the foregoing would materially adversely affect Sublessee’s rights or obligations under the Sublease. Sublessor covenants that it shall indemnify and hold timely pay any rent owed to the Master Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach under the terms of the Master Lease) includingSublease.
11.3 Sublessee shall not have any obligation to pay, without limitationor reimburse Sublessor, all for any costs and attorneys’ fees or expenses incurred in defending against same. With respect connection with obtaining the Landlord’s or Master Sublessor’s consent to this Sublease.
11.4 If Sublessor receives any obligation abatement of Sublessee to be performed rent under this Sublease other than a monetary obligation, when the terms of the Master Lease grants Sublessor a specific number of days to perform its obligations thereunderSubease, Sublessee shall have two (2) fewer days receive a corresponding abatement to perform, provided that if the extent the abatement relates to the Subleased Premises.
11.5 Sublessor is shall deliver the Subleased Premises in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtainedbroom clean condition.
Appears in 1 contract
Sources: Sublease Agreement (Thomas Weisel Partners Group, Inc.)
Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using due diligence and its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any Such due diligence and good faith efforts shall include (a) upon Sublessee’s written request, promptly notify Master Lessor of its non-performance by under the Master Lease, and requesting that Master Lessor perform its obligations under the Master Lease, and (b) upon Subtenant’s written request, if Master Lessor’s non-performance continues beyond any applicable cure periods provided in the Master Lease, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal commencing a lawsuit or other action against Master LessorLessor to obtain the performance required from Master Lessor under the Master Lease. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in the event of Sublessor’s breach of the Master Lease. Each party (the “Indemnifier”) shall defend, and Sublessee shall indemnify and hold Sublessor the other (the “Indemnified”) harmless from and against any and all damages, claims and liability whatsoever or costs (save for any such damage (unless such damage is caused claims, damages or costs arising from consequential damages or damages for loss of profit) including attorneys’ fees incurred by Sublessorthe Indemnified from the Indemnifier’s breach of the Master Lease) including, without limitation, all costs and attorneys’ fees incurred in defending against same. With respect to any obligation of Sublessee to be performed Each party’s obligations under this Sublease other than a monetary obligation, when section shall survive the Master Lease grants Sublessor a specific number termination of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtained.
Appears in 1 contract
Sources: Sublease Agreement (Roxio Inc)
Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s 's termination of the Sublessor’s 's interest as Lessee under the Master Lease in the event of Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ ' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligationSublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and no event will Sublessee shall have less than two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is dueperform. With respect to approval required to be obtained from “by "Landlord” " under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s 's consent is not obtained.
Appears in 1 contract
Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable , including, without limitation: (a) upon Sublessee’s written request, immediately notifying Master Lessor of its nonperformance under the Master Lease and request that Master Lessor perform its obligations under the Master Lease and (b) permitting Sublessee to commence legal action in Sublessor’s name to obtain the performance required from Master Lessor under the Master Lease, so long as Sublessee indemnifies and holds Sublessor harmless from any performance such action including attorney’s fees and costs, provided Sublessee shall reimburse Sublessor for all reasonable costs incurred by Master LessorSublessor in such efforts, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in the event of Sublessor’s breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability Claims whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ fees incurred in defending against same. , With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligationSublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from by “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtained.
Appears in 1 contract
Sources: Sublease Agreement (Selectica Inc)
Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s ▇▇▇▇▇▇'s termination of the Sublessor’s 's interest as Lessee under the Master Lease in the event of Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ ' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligationSublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: ▇▇▇▇ ▇▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇ and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “by "Landlord” " under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s ▇▇▇▇▇▇'s consent is not obtained.
Appears in 1 contract