Obligations of Sublandlord. Notwithstanding anything herein contained, the only services or rights to which Subtenant is entitled hereunder are those to which Sublandlord is entitled under the Master Lease or which Sublandlord agrees to provide pursuant to the express terms of this Sublease. The parties acknowledge that Subtenant has no privity of contract with Master Landlord and therefore Sublandlord shall use its reasonable good faith efforts to obtain the performance by Master Landlord of its obligations under the Master Lease (including, without limitation all repair and maintenance obligations pursuant to Section 7.4 thereof). Subtenant shall reimburse Sublandlord for all reasonable costs incurred by Sublandlord in such efforts. Sublandlord shall have no liability to Subtenant or any other person for damage of any nature whatsoever as a result of the failure of Master Landlord to perform said obligations except where such failure is the result of Sublandlord’s breach of the Master Lease. With respect to any obligation of Subtenant to be performed under this Sublease, when the Master Lease grants Sublandlord a specific number of days to perform its obligations thereunder, Subtenant shall have two (2) fewer days to perform. With respect to approval required to be obtained by “Landlord” under the Master Lease, such consent must be obtained from Master Landlord and Sublandlord and the approval of Sublandlord will be deemed withheld if Master Landlord’s consent is not obtained. Sublandlord will duly notice Master Landlord of requests for consent by Subtenant, but retains the right to make its own independent determination of consent pursuant to the terms of this Sublease.
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Samples: Sublease Agreement (Compugen LTD), Sublease Agreement (Kalobios Pharmaceuticals Inc)
Obligations of Sublandlord. Notwithstanding anything herein contained, the only services or rights to which Subtenant is entitled hereunder are those to which Sublandlord is entitled under the Master Lease or which Sublandlord agrees to provide pursuant Lease, and for all such services and rights Subtenant shall look solely to the express terms of this Sublease. The parties acknowledge that Subtenant has no privity of contract with Master Landlord under the Master Lease, and therefore the obligations of Sublandlord hereunder shall use be limited to using its reasonable good faith efforts to obtain the performance by Master Landlord of its obligations under the Master Lease (includingobligations, without limitation all repair and maintenance obligations pursuant to Section 7.4 thereof). provided Subtenant shall reimburse Sublandlord for all reasonable costs incurred by Sublandlord in such efforts. Sublandlord shall have no liability to Subtenant or any other person for damage of any nature whatsoever as a result of the failure of Master Landlord to perform said obligations except where such failure is for Master Landlord’s termination of the result Sublandlord’s interest as “Tenant” under the Master Lease in the event of Sublandlord’s breach of the Master LeaseLease (without cause of Subtenant), and Subtenant shall indemnify and hold Sublandlord harmless from any and all Claims whatsoever incurred in defending against same. With respect to any obligation of Subtenant to be performed under this SubleaseSublandlord shall not modify, when amend or terminate the Master Lease grants Sublandlord a specific number or exercise its right to terminate the Master Lease pursuant to Section 2.3 of days to perform its obligations thereunder, Subtenant shall have two (2) fewer days to perform. With respect to approval required to be obtained by “Landlord” under the Master Lease, if such modification, amendment or termination shall materially affect Subtenant’s rights or obligations set forth herein without the prior written consent must of Subtenant, which consent shall not be obtained unreasonably withheld; provided however, nothing herein shall prohibit Sublandlord from exercising its right to terminate the Master Landlord and Lease as expressly set forth in the Master Lease (other than as set forth above) nor shall Sublandlord and be liable to Subtenant for any termination of the approval of Sublandlord will be deemed withheld if Master Lease by Master Landlord’s consent , whether or not permitted therein, unless such termination is not obtained. Sublandlord will duly notice the result of a breach of the Master Landlord of requests for consent Lease by Subtenant, but retains the right to make its own independent determination of consent pursuant to the terms of this SubleaseSublandlord.
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Obligations of Sublandlord. To the extent that they apply to the Subleased Premises and as long as this Sublease is in full force and effect, Subtenant shall be entitled, with respect to the Subleased Premises, to the benefit of Master Landlord’s obligations and agreements under the Master Lease to furnish utilities and other services to the Subleased Premises. Notwithstanding anything herein containedto the contrary, the only services or rights to which Subtenant is entitled hereunder are those to which Sublandlord is entitled under the Master Lease or which Sublandlord agrees to provide pursuant and the Sublandlord’s Sublease Obligations (as hereinafter defined), and for all such services and rights other than the Sublandlord’s Sublease Obligations, Subtenant shall look solely to the express terms of this Sublease. The parties acknowledge that Subtenant has no privity of contract with Master Landlord under the Master Lease, and therefore the obligations of Sublandlord hereunder shall use be limited to using its commercially reasonable good faith efforts to obtain the performance by Master Landlord of its obligations under the Master Lease (includingLease, without limitation all repair and maintenance obligations pursuant to Section 7.4 thereof). provided Subtenant shall reimburse Sublandlord for its pro rata share of all reasonable costs incurred by Sublandlord in such efforts. Provided that Subtenant is not in default hereunder beyond any applicable notice and cure period, then, if after receipt of Subtenant’s request for services to which Subtenant is entitled hereunder and Master Xxxxxxxx’s failure to provide such services following any applicable notice and cure period under the Master Lease, which default affects the Subleased Premises, Sublandlord shall, upon written notification to Subtenant, commence a proceeding or other action to enforce the obligations of Master Landlord insofar as such obligations relate to the Subleased Premises with legal counsel reasonably acceptable to Subtenant, in which case Subtenant shall reimburse Sublandlord for Subtenant’s pro rata share of the reasonable costs and expenses incurred therewith. Sublandlord has no obligation to perform any obligation of Master Landlord under the Master Lease. Sublandlord shall have no liability to Subtenant or any other person for damage of any nature whatsoever as a result of the failure of Master Landlord to perform said obligations except where such failure is the result unless due to a default of Sublandlord’s breach of Sublandlord under the Master LeaseLease that is not due to a default by Subtenant hereunder. With respect to any obligation of Subtenant to be performed under this Sublease, when the Master Lease grants Sublandlord a specific number of days to perform its obligations thereunder, Subtenant shall have two (2) [***] fewer days Business Day to perform. With respect to approval required to be obtained by “Landlord” under the Master Lease, such consent must be obtained from Master Landlord and Sublandlord and the approval of Sublandlord will may be deemed withheld if Master LandlordXxxxxxxx’s consent approval is not obtained. Sublandlord will duly notice Master Landlord of requests for consent by Subtenant, but retains During the right to make its own independent determination of consent pursuant to the terms Term of this Sublease, Sublandlord shall, at Sublandlord’s expense, to the extent required of “Tenant” under the Master Lease, (i) perform Sublandlord’s obligations under the Master Lease to repair and maintain the utility and Building Systems (including, without limitation, the HVAC systems, elevators, electrical, plumbing, life/safety systems, generators and fire pump systems) serving the Master Premises (including the Subleased Premises) in good working order, condition and repair, in keeping with similarly-aged renovated historic office buildings located in the Fort Point Channel district of Boston, and in compliance all applicable laws (including the ADA) (only to the extent Sublandlord is responsible for such compliance with laws under the Master Lease, and provided such compliance is not triggered by any Subtenant Alterations or Subtenant’s specific use of the Subleased Premises as opposed to general office use), reasonable wear and tear and damage by casualty, as a result of condemnation only excepted; (ii) maintain maintenance contracts on the HVAC systems, elevators, life/safety systems, generators and fire pump systems serving the Building; (iii) provide HVAC service to the Subleased Premises and the Common Areas (as hereinafter defined) 24 hours per day, 7 days per week (subject to applicable laws, regulations, codes and ordinances) in accordance with the specifications set forth on Exhibit I attached hereto; (iv) provide janitorial service to the Subleased Premises on Business Days (excluding federal and state holidays) in accordance with the specifications set forth on Exhibit F attached hereto; (v) provide electrical service to the Subleased Premises and the Common Areas of not less than 4 xxxxx per rentable square foot of the Subleased Premises; (vi) provide water and sewer service to the Subleased Premises and the Common Areas consistent with such service provided to the Premises as of the date of this Sublease; (vii) gas service to the Subleased Premises and the Common Areas consistent with such service provided to the Premises as of the date of this Sublease; (viii) snow and ice removal and landscaping services consistent with such services provided at office buildings located in the Fort Point Channel district of Boston; and (ix) professional, third party property management service for the Building consistent with such services provided at office buildings located in the Fort Point Channel district of Boston utilizing LPC Commercial Services, Inc. or another major national property management company (collectively, the “Sublandlord’s Sublease Obligations”. Subtenant shall have the same abatement rights set forth in Section 9.8 for any failure of Sublandlord to perform the Sublandlord’s Sublease Obligations.
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Samples: Sublease Agreement (Toast, Inc.)
