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. (b) Except as otherwise provided herein, Sublessor shall have no other obligations to Sublessee with respect to the Premises or the performance of the Master Lessor Obligations.

Sublessor’s Obligations. (a) Provided that Sublessee is not in default under the terms of this Sublease, Sublessor agrees to make timely payments of the Rent due under the Master Lease to the end that the Master Lease shall not be terminated due to the default of Sublessor. (b) 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")) is the responsibility of Master Lessor, Sublessor, upon Sublessee's request, Sublessor shall make reasonable efforts to cause Master Lessor under the Master Lease 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, unless such failure is the result of an event of default on the part of Sublessor under this Sublease, the Master Lease, or both. It is expressly understood that Sublessor does not assume Master Lessor Obligations and that the services and repairs which that are incorporated herein by reference, including but not limited to the maintenance furnishing of exterior wallselevators, structural portions of utilities, cleaning, janitorial or other services or maintenance, restoration (following casualty or destruction), or repairs to the roofBuilding, foundations, walls and floors, Premises and/or Subleased Premises 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 performherein. (bc) Except as otherwise provided hereinin this Section 9, Sublessor shall have no other obligations to Sublessee with respect to the Subleased Premises or the performance of the Master Lessor Obligations.

Sublessor’s Obligations. (a) To Provided Sublessee is not in default, ---------------------- Sublessor shall not terminate or take any actions which could give rise to the termination of the Master Lease, amend or waive any provisions under the Master Lease or make any elections, exercise any right or remedy or give any consent or approval under the master Lease to the extent that the provision of any services foregoing would have a material adverse effect on Sublessee's rights or obligations hereunder without in each instance, Sublessee's prior written consent not unreasonably withheld. Sublessor, with respect to the performance of any maintenance or any other act respecting 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 good faith efforts to cause Master Lessor to perform such Master Lessor Obligations, providedobligations for the benefit of Sublessee, however, that in no event nothing herein shall require Sublessor be liable to Sublessee for incur any liabilitycosts or expenses. Such good faith efforts shall include: (a) upon Sublessee's written request, loss or damage whatsoever in promptly notifying Master Lessor of its nonperformance under the event Master Lease, 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 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. ; and (b) Except as otherwise provided herein, Sublessor shall have no permitting Sublessee to commence a lawsuit or other obligations action in Sublessor's name to Sublessee with respect to the Premises or obtain the performance of required from Master Lessor under the Master Lessor ObligationsLease; 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 Sublessor in connection therewith.

Sublessor’s Obligations. (a) To Toucan agrees that Sublessee shall be entitled to receive all services, utilities and repairs to be provided by Lessor to Sublessor under the extent that Master Lease with respect to the provision Premises. Sublessee shall look solely to Lessor for all such services and utilities and shall not, under any circumstances, seek or require Sublessor to perform any of any such services or the performance of provide 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 sameutilities, nor shall Sublessee make any claim upon Sublessor for any damages which may arise by reason of Lessor’s default under the Master Lease. Any condition resulting from a default by Lessor under the Master Lease (other than a default caused by Sublessor) shall not constitute as between Sublessor and Sublessee an eviction, actual or constructive, of Sublessee and no such default shall excuse Sublessee from the performance or observance of any of its obligations to be entitled to withhold the payment of Rent performed or terminate observed under this Sublease. It is expressly understood that the services and repairs which are incorporated herein by reference, including but not limited or entitle Sublessee to the maintenance of exterior walls, structural portions receive any reduction in or abatement or offset of the roof, foundations, walls and floors, will Rent provided for in fact be furnished by Master Lessor and not by Sublessorthis Sublease, except to the extent otherwise provided Sublessor receives an abatement 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 Rent 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. (b) Except as otherwise provided herein, Sublessor shall have no other obligations to Sublessee Lease with respect to the Premises or the performance of the Master Lessor ObligationsPremises.

Sublessor’s Obligations. (a) Sublessor agrees to make timely payments of the rent due under the Master Lease to the end that the Master Lease shall not be terminated due to the default of Sublessor. (b) 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")) is the responsibility of Master Lessor, Sublessor, upon Sublessee's request, Sublessor shall make reasonable efforts to cause Master Lessor under the Master Lease 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, unless such failure is the result of an event of default on the part of Sublessor under this Sublease, the Master Lease, or both. It is expressly understood that Sublessor does not assume Master Lessor Obligations and 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, Master Lessor Obligations 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 performherein. (bc) Except as otherwise provided hereinin this Section 9, Sublessor shall have no other obligations to Sublessee with respect to the Subleased Premises or the performance of the Master Lessor Obligations.

Sublessor’s Obligations. (a) To Sublessor agrees that Sublessee shall be entitled to receive all services, utilities and repairs to be provided by Master Lessor under the extent that Master Lease to Sublessor. Sublessee shall look solely to Master Lessor under the provision Master Lease for all such services and utilities and shall not, under any circumstances, seek or require Sublessor to perform any of any such services or the performance of provide 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 sameutilities, nor shall Sublessee be entitled to withhold make any claim upon Sublessor for any damages which may arise by reason of Master Lessor's default under 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 Master Lease except to the maintenance of exterior walls, structural portions of the roof, foundations, walls and floors, will in fact be furnished extent such default is caused by Sublessor. Any condition resulting from a default by Master Lessor and not under the Master Lease (other than a default caused by Sublessor) shall not constitute as between Sublessor and Sublessee an eviction, actual or constructive, of Sublessee and no such default shall excuse Sublessee from the performance or observance of any of its obligations to be performed or observed under this Sublease, or entitle Sublessee to receive any reduction in or abatement of the Rent provided for in this Sublease, except to the extent otherwise provided Sublessor receives an abatement 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 Rent 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. (b) Except as otherwise provided herein, Sublessor shall have no other obligations to Sublessee Lease with respect to the Premises Premises. Sublessor shall promptly give written notice to Sublessee of any abatement in Rent Sublessor receives from Master Lessor, or the performance of the Master Lessor Obligationsto which Sublessor believes it is entitled.

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 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. ; and (b) Except as otherwise provided herein, Sublessor shall have no permitting Sublessee to commence a lawsuit or other obligations action in Sublessor's name to Sublessee with respect to the Premises or obtain the performance of required from Master Lessor under the Master Lessor ObligationsLease; 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 reasonable costs and expenses incurred by Sublessor in connection therewith.