Common use of Performance by Master Lessor Clause in Contracts

Performance by Master Lessor. It is understood and agreed that all work to be furnished, repairs to be made and services to be furnished to the Subleased Premises, shall not be the responsibility of Sublessor, and Sublessee agrees that Master Lessor is solely responsible for such pursuant to the provisions of the Master Lease. Sublessor however agrees to use reasonable efforts upon receipt of notice from Sublessee to cause Master Lessor to perform its obligations under the Master Lease. Sublessor shall have no obligation to Sublessee to perform any work, make any repairs or furnish any utilities or services whether due to casualty or otherwise, other than to use reasonable efforts to cause Master Lessor to perform the same pursuant to the terms of the Master Lease. Sublessor shall not be liable to Sublessee, nor shall Sublessee's obligations hereunder be impaired or the performance thereof be excused, because of any failure or delay or default on the Master Lessor's part in furnishing any such work or utilities or services or in making any such repairs or for any failure of Master Lessor to comply with the terms of the Master Lease, except that if any rent is reduced or abated under the Master Lease, a like amount shall be abated hereunder. In the event of failure by the Sublessee to perform any of the terms or conditions hereof, the Sublessor may, if it shall so elect, enter upon the Subleased Premises without terminating this Sublease and do any and all such acts as may be necessary, proper or convenient to correct such default; and the Sublessee agrees on demand to pay to the Sublessor all damage and/or expenses, including but not limited to reasonable attorney's fees, late charges and interest, incurred by Sublessor in so doing. No waiver by the Sublessor of any breach by the Sublessee of any of the covenants herein contained, nor any assent to any such breach, shall be deemed a waiver of any future or other breach whatsoever. Notwithstanding any contrary term or provision of this Sublease, Sublessee's covenants and obligations to pay rent, additional rent, and to perform its other obligations hereunder are absolute, unconditional, and irrevocable obligations which are separate and independent from any of Sublessor's covenants, obligations, warranties or representations in this Sublease.

Performance by Master Lessor. It is understood In the event Master Lessor shall fail to perform any of the terms, covenants, and agreed that all work conditions contained in the Master Lease on its part to be furnishedperformed, repairs Sublessor shall reasonably cooperate with Sublessee, at no cost to be made and services Sublessee, in seeking to be furnished to obtain the Subleased Premises, shall not be the responsibility performance of Sublessor, and Sublessee agrees that Master Lessor is solely responsible for such pursuant to the provisions of under the Master Lease. Notwithstanding the foregoing, however, Sublessor however agrees shall not be obligated to use perform for the benefit of Sublessee any of the obligations of Master Lessor under the Master Lease. In the event Sublessee makes a request that it is entitled to make under this Sublease, which request requires the approval of Master Lessor, Sublessor shall make all reasonable efforts upon receipt of notice from to obtain such approval. In addition, Sublessee shall have the right in its own name to cause require and obtain performance by Master Lessor pursuant to the terms of the Master Lease and take any action against the Master Lessor. For that purpose and only to such extent, all rights of Sublessor as lessee under the Master Lease are hereby conferred upon and assigned to Sublessee, and Sublessee shall be subrogated to such rights to the extent the same shall apply only to the Sublet Premises. In any event, Sublessee shall not be allowed any abatement or diminution of Rent under this Sublease because of Landlord’s failure to perform any of its obligations under the Master Lease. Sublessor shall have no obligation to Sublessee to perform any workNotwithstanding the foregoing, make any repairs if Sublessor, as Tenant, receives an abatement or furnish any utilities or services whether due to casualty or otherwise, other than to use reasonable efforts to cause diminution of Rent from Master Lessor that relates to perform the Sublet Premises, Sublessee shall be entitled to the same pursuant abatement or diminution of Rent as applied to the terms of the Master Lease. Sublessor shall not be liable to Sublessee, nor shall Sublessee's obligations hereunder be impaired or the performance thereof be excused, because of any failure or delay or default on the Master Lessor's part in furnishing any such work or utilities or services or in making any such repairs or for any failure of Master Lessor to comply with the terms of the Master Lease, except that if any rent is reduced or abated under the Master Lease, a like amount shall be abated hereunder. In the event of failure by the Sublessee to perform any of the terms or conditions hereof, the Sublessor may, if it shall so elect, enter upon the Subleased Premises without terminating this Sublease and do any and all such acts as may be necessary, proper or convenient to correct such default; and the Sublessee agrees on demand to pay to the Sublessor all damage and/or expenses, including but not limited to reasonable attorney's fees, late charges and interest, incurred by Sublessor in so doing. No waiver by the Sublessor of any breach by the Sublessee of any of the covenants herein contained, nor any assent to any such breach, shall be deemed a waiver of any future or other breach whatsoever. Notwithstanding any contrary term or provision of this Sublease, Sublessee's covenants and obligations to pay rent, additional rent, and to perform its other obligations hereunder are absolute, unconditional, and irrevocable obligations which are separate and independent from any of Sublessor's covenants, obligations, warranties or representations in this SubleaseSublet Premises.