Mandatory Sublessee Covenants. “Mandatory Sublessee Covenants” means the covenants of Tenant under this Lease with respect to repair, maintenance, insurance, Hazardous Materials, indemnity (but only covenants of indemnity with respect to Physical Condition Claims, the acts or omissions of the Sublessee or its Related Entities or any breach of or default under the particular Sublease), the MEW Construction Coordination Agreement and the Navy Construction Coordination Document.
Mandatory Sublessee Covenants. (a) The instrument by which any Sublease is effected (whether or not Landlord’s consent is required) shall expressly provide that the Sublessee will perform, for the benefit of Landlord, all of the Mandatory Sublessee Covenants insofar as they pertain (or are fairly allocated) to the Transfer Property subject to such Transfer as and when performance is due after the effective date of the Sublease and that Landlord will have the right to enforce such Mandatory Sublessee Covenants directly against such Sublessee without first exhausting any claims or remedies Landlord may have in connection therewith against or with respect to Tenant or any other Sublessee prior in right to the particular Sublessee that has failed to perform such Mandatory Sublessee Covenants. Without limiting the generality of the foregoing, if such instrument does not so expressly provide, it shall be deemed that the Sublessee has agreed to perform, for the benefit of Landlord, all of the Mandatory Sublessee Covenants insofar as they pertain (or are fairly allocated) to the Transfer Property subject to such Transfer as and when performance is due after the effective date of the Sublease and that Landlord will have the right to enforce such Mandatory Sublessee Covenants directly against such Sublessee without first exhausting any claims or remedies Landlord may have in connection therewith against or with respect to Tenant or any other Sublessee prior in right to the particular Sublessee that has failed to perform such Mandatory Sublessee Covenants. As used in this Section 13.14, the “right to enforce” shall include the right to terminate the Sublease pursuant to the terms of the Sublease, subject to the rights of any Mortgagee of the Sublessee under such Sublease (including any rights of such Mortgagee contained in ARTICLE 14).
