Landlord's Performance Under Master Lease Clause Samples
The 'Landlord's Performance Under Master Lease' clause requires the landlord to fulfill all obligations and duties imposed by the master lease agreement with the property owner or superior landlord. In practice, this means the landlord must ensure that rent is paid, maintenance is performed, and all other terms of the master lease are met, so that the tenant’s rights under the sublease are not jeopardized. This clause is essential because it protects the tenant from disruptions or loss of tenancy that could result from the landlord’s failure to comply with the master lease, thereby ensuring the tenant’s continued and undisturbed use of the premises.
Landlord's Performance Under Master Lease. 7.1 Subtenant acknowledges that Sublandlord is not in a position to render any of the services or to perform any of the repair, replacement, insurance and similar obligations required of Sublandlord by the terms of the Master Lease, as incorporated into this Sublease. Therefore, notwithstanding anything to the contrary contained in this Sublease, Subtenant agrees that performance by Sublandlord of such obligations hereunder are conditional upon due performance by the Landlord of its corresponding obligations under the Master Lease and Sublandlord shall not be liable to Subtenant for any default of the Landlord under the Master Lease. Subtenant shall not have any claim against Sublandlord by reason of the Landlord's failure or refusal to comply with any of the provisions of the Master Lease unless such failure or refusal is a result of Sublandlord's act or failure to act. This Sublease shall remain in full force and effect notwithstanding the Landlord's failure or refusal to comply with any such provisions of the Master Lease and Subtenant shall pay the base rent and Additional Rent and all other charges provided for herein without any abatement, deduction or set off whatsoever. Subtenant covenants and warrants that it shall be subject to and bound by all of the covenants, agreements, terms, provisions and conditions of the Master Lease, except as modified herein. Subtenant and Sublandlord further covenant not to take any action or do or perform any act or fail to perform any act which would result in the failure or breach of any of the covenants, agreements, terms, provisions or conditions of the Master Lease on the part of the Tenant thereunder.
7.2 Whenever the consent of Landlord shall be required by, or Landlord shall fail to perform its obligations under, the Master Lease, Sublandlord agrees to use commercially reasonable efforts to obtain, at Subtenant's sole cost and expense, such consent and/or performance on behalf of Subtenant.
7.3 Sublandlord represents and warrants to Subtenant that the Master Lease is in full force and effect, all obligations of both Landlord and Sublandlord thereunder have been satisfied, and Sublandlord has neither given nor received a notice of default pursuant to the Master Lease and there exists no event which, with the giving of notice or passage of time, would constitute a default.