Common use of Prime Landlord’s Obligations Clause in Contracts

Prime Landlord’s Obligations. Sublandlord: (a) shall have no obligation to perform any of the terms, covenants and conditions contained in the Prime Lease to be performed by the Prime Landlord, nor shall Sublandlord have any obligation to provide any or all of the services, utilities, insurance, work, alterations, repairs or maintenance to be provided by Prime Landlord under the Prime Lease; and (b) shall in no way be liable to Subtenant for any failure of Prime Landlord to provide such services, utilities, insurance, work, alterations, repairs or maintenance. However, if Prime Landlord fails to provide any services, utilities, insurance, work, alterations, repairs or maintenance required under the Prime Lease, Sublandlord shall upon the request of Subtenant, give Prime Landlord notice of such failure. Thereafter, Sublandlord shall cooperate with Subtenant (at Subtenant’s sole expense) in attempting to cause Prime Landlord to provide or perform such service or obligation, but Sublandlord shall have no further obligation to Subtenant in connection therewith. Any condition resulting from such default or delay by Prime Landlord shall not constitute an eviction, actual or constructive, of Subtenant. No such default or delay shall excuse Subtenant from the performance or observance of any of its obligations to be performed or observed under this Sublease or shall entitle Subtenant to terminate this Sublease or to any reduction in or abatement of the Base Rent, any Additional Rent, or any other charges provided for in the Prime Lease or this Sublease, provided however that if Sublandlord receives any rent abatement under Section 11.2 of the Prime Lease then Subtenant shall receive a corresponding abatement under this Sublease.

Prime Landlord’s Obligations. Sublandlord: (a) shall will have no obligation to perform any of the terms, covenants and conditions contained in the Prime Lease to be performed by the Prime Landlord, nor shall will Sublandlord have any obligation to provide any or all of the services, utilities, insurance, work, alterations, repairs or maintenance to be provided by Prime Landlord under the Prime Lease; , if any, and (b) shall will in no way be liable to Subtenant for any failure of Prime Landlord to provide such services, utilities, insurance, work, alterations, repairs or maintenance. However, if Prime Landlord fails to provide any services, utilities, insurance, work, alterations, repairs or maintenance required under the Prime Lease, Sublandlord shall will upon the request of Subtenant, give Prime Landlord notice of such failure. Thereafter, Sublandlord shall will reasonably cooperate with Subtenant (at Subtenant’s sole expense) in attempting to cause Prime Landlord to provide or perform such service or obligation, but Sublandlord shall will have no further obligation to Subtenant in connection therewith. Any condition resulting from such default or delay by Prime Landlord shall will not constitute an eviction, actual or constructive, of Subtenant. No such default or delay shall will excuse Subtenant from the performance or observance of any of its obligations to be performed or observed under this Sublease or shall entitle Subtenant to terminate this Sublease or to any reduction in or abatement of the Base Rent, any Additional Rent, or any other charges provided for in the Prime Lease or this Sublease, unless such failure would entitle Sublandlord to terminate the Prime Lease, in which event, with notice and opportunity to cure as provided however that if Sublandlord receives any rent abatement under Section 11.2 of in the Prime Lease then for any such default, Subtenant shall receive a corresponding abatement under may terminate this SubleaseSublease upon the same notice and opportunity to cure that is provided in the Prime Lease.

Prime Landlord’s Obligations. Sublandlord: (a) shall have no obligation to perform any of the terms, covenants and conditions contained in the Prime Lease to be performed by the Prime Landlord, nor shall Sublandlord have any obligation to provide any or all of the services, utilities, insurance, work, alterations, repairs or maintenance to be provided by Prime Landlord under the Prime Lease; and (b) shall in no way be liable to Subtenant for any failure of Prime Landlord to provide such services, utilities, insurance, work, alterations, repairs or maintenance. However, if Prime Landlord fails to provide any services, utilities, insurance, work, alterations, repairs or maintenance required under the Prime Lease, Sublandlord shall upon the request of Subtenant, give Prime Landlord notice of such failure. Thereafter, Sublandlord shall cooperate with Subtenant (at Subtenant’s sole expense) in attempting to cause Prime Landlord to provide or perform such service or obligation, but Sublandlord shall have no further obligation to Subtenant in connection therewith. Any condition resulting from such default or delay by Prime Landlord shall not constitute an eviction, actual or constructive, of Subtenant. No such default or delay shall excuse Subtenant from the performance or observance of any of its obligations to be performed or observed under this Sublease or shall entitle Subtenant to terminate this Sublease or to any reduction in or abatement of the Base Rent, any Rent or Additional Rent, or any other charges Rent provided for in the Prime Lease or this Sublease, provided however that if Sublandlord receives any rent abatement under Section 11.2 of the Prime Lease then Subtenant shall receive a corresponding abatement under this Sublease.

Prime Landlord’s Obligations. Sublandlord: (a) a. Notwithstanding anything to the contrary contained in this Sublease or the Prime Lease, including, but not limited to, any provisions of the Prime Lease incorporated into this Sublease, Sublandlord shall not be bound by any of the representations or warranties made by Prime Landlord, and Sublandlord shall have no obligation to perform any of the terms, covenants and or conditions contained in the Prime Lease to be performed by the Prime Landlord. Without limiting the foregoing, nor Sublandlord shall Sublandlord have any no obligation to provide any or all of the services, utilities, insuranceparking rights, work, alterations, repairs repairs, maintenance or maintenance insurance coverages to be provided by Prime Landlord under the Prime Lease; , and (b) Sublandlord shall in no way be liable to Subtenant for any failure of Prime Landlord to provide such services, utilities, insuranceparking rights, work, alterations, repairs repairs, maintenance or maintenanceinsurance coverages. HoweverNotwithstanding anything to the contrary contained in this Sublease or the Prime Lease, if Sublandlord shall not be required to indemnify, hold harmless, or defend Subtenant pursuant to any of the terms of the Prime Lease or for any act, omission, violation, breach, or default of Prime Landlord, except to the extent of Sublandlord’s obligations pursuant to Section 7.b. The rights of Prime Landlord under the Prime Lease shall in no way be diminished by the terms of this Sublease. b. If Prime Landlord fails to provide any services, utilities, insuranceparking rights, work, alterations, repairs repairs, maintenance or maintenance insurance coverages required under the Prime Lease or otherwise fails to perform any other material term, covenant, condition, or obligation of Prime Landlord under the Prime Lease, Sublandlord shall shall, upon the written request of Subtenant, give Prime Landlord prompt notice of such failure. Thereafter, Sublandlord failure and shall cooperate with Subtenant (at Subtenant’s sole expense) in attempting use commercially reasonable efforts to cause Prime Landlord to provide same and/or perform same. If following such notice and the expiration of any applicable grace period granted Prime Landlord under the Prime Lease, Prime Landlord shall fail to perform its obligations under the Prime Lease, then Subtenant shall have the right to take such action in its own name. If (i) any such action against the Prime Landlord in Subtenant’s name is barred by reason of lack of privity, non-assignability, or otherwise, and (ii) the failure of Prime Landlord to perform its obligations under the Prime Lease has, or may have, a materially adverse effect upon Subtenant’s permitted use of the Subleased Premises, then provided Subtenant is not in default hereunder, Subtenant may bring such service or obligation, but action in Sublandlord’s name and Sublandlord shall have no further obligation to Subtenant execute all documents reasonably required in connection therewith. Any condition resulting from such default or delay by Prime Landlord shall not constitute an eviction, actual or constructive, of Subtenant. No such default or delay shall excuse Subtenant from the performance or observance of any of its obligations to be performed or observed under this Sublease or shall entitle Subtenant to terminate this Sublease or to any reduction in or abatement of the Base Rent, any Additional Rent, or any other charges provided for in the Prime Lease or this Sublease, provided however that if Sublandlord receives any rent abatement under Section 11.2 of the Prime Lease then Subtenant shall receive a corresponding abatement under this Subleasesame is without cost or expense to Sublandlord.