Services and Repairs. A. Notwithstanding anything to the contrary set forth in the Prime Lease, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation to render or supply any services to Subtenant, including, without limitation (i) cleaning and janitorial services relating to the Sublease Premises, window washing or rubbish removal services, (ii) performing any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided to the Building and/or the Property, or (iv) taking any action that Prime Landlord has agreed to provide, make, comply with or take, or cause to be provided, made, complied with or taken under the Prime Lease (collectively “Services and Repairs”). Subtenant hereby agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease). B. Subtenant shall take good care of the Sublease Premises and, at Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition. C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment. D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building. E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
Appears in 2 contracts
Samples: Sublease Agreement (Enzon Pharmaceuticals Inc), Sublease Agreement (Enzon Pharmaceuticals Inc)
Services and Repairs. A. 8.1 Notwithstanding anything to the contrary set forth contained in this Sublease or in the Prime Lease, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation not be required to render provide any of the services that Prime Landlord has agreed to provide, whether specified in the Prime Lease or supply any services to Subtenantrequired by law, including, without limitation (i) cleaning and janitorial services relating or furnish the electricity to the Sublease Demised Premises that Prime Landlord has agreed to furnish pursuant to the Prime Lease (or required by law), or make any of the repairs or restorations that Prime Landlord has agreed to make pursuant to the Prime Lease (or required by law), or comply with any laws or requirements of any governmental authorities with respect to the Demised Premises, window washing or rubbish removal services, (ii) performing take any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided to the Building and/or the Property, or (iv) taking any other action that Prime Landlord has agreed to provide, furnish, make, comply with or takewith, or take or, cause to be provided, furnished, made, complied with or taken under the Prime Lease (collectively “Services and Repairs”). Subtenant hereby Lease, but Sublandlord agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and use all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises anddiligent efforts as approved by Subtenant, at Subtenant’s 's sole cost and expense, to obtain the same from Prime Landlord (provided, however, that Sublandlord shall clean and provide janitorial services not be obligated to and rubbish removal from use such efforts or take any action which might give rise to a default under the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating ExpensesPrime Lease), and Subtenant shall keeprely upon, repairand look solely to, replace Prime Landlord for the provision, furnishing or making thereof or compliance therewith. If Prime Landlord shall default in the performance of any of its obligations under the Prime Lease, including its obligation to comply with environmental and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rentother laws, Sublandlord shall shall, upon request and at the expense of Subtenant, timely institute and diligently prosecute any action or proceedings which Subtenant, in its reasonable judgment, deems meritorious, in order to have Prime Landlord make all such repairs, structural furnish such electricity, provide such services or comply with any other obligation of Prime Landlord under the Prime Lease or as required by law. Subtenant shall indemnify and otherwisehold harmless Sublandlord from and against any and all such claims arising from or in connection with such request, interior action or proceeding unless resulting from an negligent act or omission of Sublandlord. This indemnity and exteriorhold harmless agreement shall include indemnity from and against any and all liability, as fines, suits, demands, costs and when needed in expenses of any kind or about the Sublease Premisesnature, including including, without limitation, the maintenancereasonable attorneys' fees and disbursements, repair and replacement incurred in connection with any such claim, action or proceeding brought thereon. Subtenant shall not make any claim against Sublandlord for any damage which may arise, nor shall Subtenant's obligations hereunder be diminished, by reason of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible the failure of Prime Landlord to keep, observe or perform any of its obligations pursuant to any other provision of this Sublease, including but not limited the Prime Lease unless such failure is due to Section 12(B) aboveSublandlord's negligence or misconduct, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees acts or omissions of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord, its agents, contractors, servants, employees, invitees or licensees. Sublandlord shall have no liability to Subtenant, nor shall not be responsible for any diminution failure or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment for any reason whatsoever, of the services or suspension of any air conditioning system for facilities that may be appurtenant to or supplied at the Building.
E. Sublandlord reserves Building by the rightPrime Landlord or otherwise, including, without any liability to Subtenantlimitation, except as otherwise expressly provided in this Subleaseheat, to stop the service of the air conditioning, supplemental heatingwater, ventilatingelectricity, elevatorelevator service and cleaning service, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premisesif any; and no failure to furnish, or the rendition of interruption of, any of the other such services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage facilities shall have been eliminated.give rise to any
Appears in 2 contracts
Samples: Sublease Agreement (Premier Research Worldwide LTD), Sublease Agreement (Eresearchtechnology Inc)
Services and Repairs. A. Notwithstanding anything to the contrary set forth in the Prime Lease, Subtenant agrees that except as expressly set forth in subparagraph (C) belowthis Sublease, Sublandlord shall have no obligation to render or supply any services to Subtenant, including, without limitation (ia) cleaning and janitorial services relating to the Sublease Premisesfurnishing of electrical energy, heat, ventilation, water, air conditioning, elevator service, cleaning, window washing washing, or rubbish removal services, (iib) performing any maintenance or making any alterations alterations, repairs or repairsrestorations to the Subleased Premises or the Building, (iiic) providing complying with any utility laws or service not currently provided to the Building and/or the Propertyrequirements of any governmental authorities, or (ivd) taking any action that Prime Landlord has agreed to provide, make, comply with with, or take, or cause to be provided, made, complied with with, or taken under the Prime Master Lease (collectively “Services and Repairs”). Subtenant hereby agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease, including but not limited to Section 14 below, and the Master Lease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Master Lease to receive from Prime the Landlord the Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled (i) to receive same under the Prime Master Lease, and (ii) to grant same to Subtenant. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime the Landlord’s part in furnishing the Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Master Lease (which default is not the result of caused by or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises and, at Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
Appears in 1 contract
Samples: Sublease (Demandware Inc)
Services and Repairs. A. Notwithstanding anything to the contrary set forth contained in this Sublease or in the Prime Lease, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation not be required to render provide any of the services that Prime Landlord has agreed to provide, whether or supply not specified in the Lease (or required by law), or make any services of the repairs or restorations that Prime Landlord has agreed to Subtenant, including, without limitation (i) cleaning and janitorial services relating make pursuant to the Sublease Premises, window washing Lease (or rubbish removal services, (ii) performing any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided to the Building and/or the Propertyrequired by law), or (iv) taking provide the parking access, or comply with any laws or requirements of any governmental authorities, or take any other action that Prime Landlord has agreed to provide, furnish, make, comply with with, or take, or cause to be provided, furnished, made, complied with or taken under the Prime Lease (collectively “Services and Repairs”). Subtenant hereby Lease, but Sublandlord agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and use all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises anddiligent efforts, at Subtenant’s 's sole cost and expense, to obtain the same from Prime Landlord (provided, however, that Sublandlord shall clean and provide janitorial services not be obligated to and rubbish removal from use such efforts or take any action which might give rise to a default under the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating ExpensesLease), and Subtenant shall keeprely upon, repairand look solely to, replace and maintain Prime Landlord for the common areasprovision, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord furnishing or making thereof or compliance therewith. If Prime Landlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant default in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition performance of any of its obligations under the other services required Lease, Sublandlord, upon request and at the expense of Sublandlord under this SubleaseSubtenant, whenever shall timely institute and for so long as may be necessarydiligently prosecute any action or proceeding which Subtenant, by reason of accident or emergencyin its reasonable judgment, strikesdeems meritorious, mechanical breakdown, requirement of law, unavoidable delay or for in order to have Prime Landlord make such repairs, alterations, replacements provide such services or improvements, which in comply with any other obligation of Prime Landlord under the judgment of Sublandlord, are desirable Lease or necessary, until the reason for such stoppage shall have been eliminatedas required by law.
Appears in 1 contract
Services and Repairs. A. 11.1 Notwithstanding anything to the contrary set forth contained in this Sublease or in the Prime Lease, Subtenant agrees that except shall be required to maintain and repair the Premises in accordance with the terms of the Lease and to fulfill Sublandlord’s obligations as expressly set forth in subparagraph (C) below, Tenant under the Lease with regard to the Premises and Sublandlord shall have no obligation not be required to render or supply provide any services to Subtenant, including, without limitation (i) cleaning and janitorial services relating to of the Sublease Premises, window washing or rubbish removal services, (ii) performing any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided to the Building and/or the Property, or (iv) taking any action Services that Prime Landlord Owner has agreed to provide, whether or not specified in the Lease (or required by Legal Requirements), or furnish the electricity to the Premises that Owner has agreed to furnish pursuant to the Lease (or required by law), or to otherwise repair or maintain the Premises, or make any of the repairs or restorations that Owner has agreed to make pursuant to the Lease (or required by law), or comply with any Legal Requirements, or take any other action that Owner has agreed to provide, furnish, make, comply with with, or take, or cause to be provided, furnished, made, complied with or taken under the Prime Lease (collectively “Services and Repairs”)Lease. Subtenant hereby agrees that Notwithstanding the foregoing, Subtenant shall look solely have the benefit of all Services, electricity, repairs, restorations, or actions to the Prime Landlord for the performance of any and all of such Services and Repairs, subject to the terms and conditions be provided or taken by Owner thereunder. Provided Subtenant is not in default of this Sublease. Sublease following any applicable notice and cure period , Sublandlord hereby grants agrees to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises andrequest, at Subtenant’s sole cost and expense, that Owner provide such Services (provided, however, that Sublandlord shall clean and provide janitorial services not be obligated to and rubbish removal from take any action which might give rise to a default under the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating ExpensesLease or commence any litigation or other legal proceedings against Owner), and Subtenant shall keeprely upon, repairand look solely to, replace and maintain Owner for the common areasprovision, furnishing or making thereof or compliance therewith. A default by Owner under the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Lease shall not excuse Subtenant’s sole cost and expense payable performance under this Sublease except to the extent Sublandlord as Additional Rentis excused from performance under the Lease. Subtenant shall not make any claim against Sublandlord for any damage which may arise, Sublandlord nor shall make all repairsSubtenant’s obligations hereunder be diminished, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement by reason of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible the failure of Owner to keep, observe or perform any of its obligations pursuant to any other provision of this Sublease, including but not limited to Section 12(B) abovethe Lease, or (ii) repairs to Subtenant’s property and the acts or omissions of Owner, its furnitureagents, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M.contractors, Sublandlord servants, employees, invitees or licensees. The provisions of this Article 11 shall furnish and distribute to survive the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating expiration or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service earlier termination of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminatedTerm.
Appears in 1 contract
Samples: Sublease Agreement (Twinlab Consolidated Holdings, Inc.)
Services and Repairs. A. Notwithstanding anything to the contrary set forth -------------------- contained in this Sublease or in the Prime Lease, Subtenant agrees that except as expressly set forth shall be required to maintain and repair the Premises in subparagraph (C) below, accordance with the terms of the Lease to fulfill all of Sublandlord's obligations under the Lease with regard to the Premises and Sublandlord shall have no obligation not be required to render or supply provide any of the services to Subtenant, including, without limitation (i) cleaning and janitorial services relating to the Sublease Premises, window washing or rubbish removal services, (ii) performing any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided to the Building and/or the Property, or (iv) taking any action that Prime Landlord Owner has agreed to provide, whether or not specified in the Lease (or required by law), or furnish the electricity to the Premises that Owner has agreed to furnish pursuant to the Lease (or required by law), or to otherwise repair or maintain the Premises and the Personal Property (as hereinafter defined), or make any of the repairs or restorations that Owner has agreed to make pursuant to the Lease (or required by law), or comply with any laws or requirements of any governmental authorities, or take any other action that Owner has agreed to provide, furnish, make, comply with with, or take, or cause to be provided, furnished, made, complied with or taken under the Prime Lease (collectively “Services and Repairs”). Subtenant hereby agrees that but Subtenant shall look solely have the benefit of all services, electricity, repairs, restorations, or actions to the Prime Landlord for the performance of any be provided or taken by Owner thereunder and all of such Services and Repairs, subject Sublandlord agrees to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises anduse diligent efforts, at Subtenant’s 's sole cost and expense, to obtain the same from Owner (provided, however, that Sublandlord shall clean not be obligated to use such efforts or take any action which might give rise to a default under the Lease), and Subtenant shall rely upon, and look solely to, Owner for the provision, furnishing or making thereof or compliance therewith. A default by Owner under the Lease shall not excuse Subtenant's performance under this Sublease except to the extent Sublandlord is excused from performance under the Lease. If Owner shall default in the performance of any of its obligations under the Lease, including its obligation to pay the Construction Allowance under Section 12(b) of the Modification Agreement, Sublandlord shall, upon request and at the expense of Subtenant, timely institute and diligently prosecute any action or proceeding reasonably requested by Subtenant in order to have Owner make such repairs, furnish such electricity, provide janitorial such services or comply with any other obligation of Owner under the Lease or as required by law. In addition, Subtenant shall have the right to and rubbish removal from prosecute such action or proceeding in the Sublease Premises name of Sublandlord, provided that Subtenant shall keep Sublandlord informed of its actions and shall make not take any action which might give rise to a default under the Lease. Subtenant shall indemnify and hold harmless Sublandlord from and against any and all non-structural repairs such claims arising from or in connection with such request, action or proceeding. This indemnity and replacementshold harmless agreement shall include indemnity from and against any and all liability, as fines, suits, demands, costs and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlordexpenses of any kind or nature, at its expense (but subject to reimbursement as Operating Expenses)including, shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenancereasonable attorneys' fees and disbursements, repair and replacement incurred in connection with any such claim, action or proceeding brought by Sublandlord or Subtenant pursuant to this Article 7. Subtenant shall not make any claim against Sublandlord for any damage which may arise, nor shall Subtenant's obligations hereunder be diminished, by reason of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible the failure of Owner to keep, observe or perform any of its obligations pursuant to any other provision of the Lease, unless such failure is due to Sublandlord's default under this Sublease, including but not limited to Section 12(B) abovenegligence or misconduct, or (ii) repairs to Subtenant’s property and the acts or omissions of Owner, its furnitureagents, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M.contractors, Sublandlord servants, employees, invitees or licensees. The provisions of this Article 7 shall furnish and distribute to survive the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating expiration or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service earlier termination of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminatedTerm hereof.
Appears in 1 contract
Samples: Sublease Agreement (Digitas Inc)
Services and Repairs. A. (a) Notwithstanding anything to the contrary set forth contained in this Agreement or in the Prime Lease, Subtenant agrees that except as expressly set forth in subparagraph (C) belowXxxxxxxxx, Sublandlord shall have no obligation not be required to render provide any of the services that Overlandlord has agreed to provide (or supply any services is required by law to Subtenantprovide), including, without limitation (i) cleaning and janitorial services relating or furnish the electricity to the Sublease Premises, window washing or rubbish removal services, (ii) performing any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided Premises that Overlandlord has agreed to furnish pursuant to the Building and/or the PropertyXxxxxxxxx (or is required by law to furnish), or make any of the repairs or restorations that Overlandlord has agreed to make pursuant to the Xxxxxxxxx (iv) taking or is required by law to make), or comply with any laws or requirements of any governmental authorities (except as otherwise expressly provided under the Xxxxxxxxx), or take any other action that Prime Landlord Overlandlord has agreed to provide, furnish, make, comply with with, or take, or cause to be provided, furnished, made, complied with or taken taken, under the Prime Lease (collectively “Services and Repairs”). Subtenant hereby Xxxxxxxxx, but Sublandlord agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises anduse commercially reasonable efforts, at Subtenant’s sole cost and expense, to obtain the same from Overlandlord (provided, however, that Sublandlord shall clean not be obligated to use such efforts or take any action which might give rise to a default under the Xxxxxxxxx), and Subtenant shall rely upon, and look solely to, Overlandlord for the provision, furnishing or making thereof or compliance therewith. If Sublandlord is entitled to any rental abatement, offset or credit under the Xxxxxxxxx by virtue of Overlandlord’s failure to provide janitorial the aforesaid services or electricity or its failure to and rubbish removal from make such repairs or restorations, then Subtenant shall be entitled to a corresponding abatement, offset or credit against its rental obligations hereunder.
(b) If Overlandlord shall default in the Sublease Premises and shall make all non-structural repairs and replacementsperformance of any of its obligations under the Xxxxxxxxx, as to the Premises (a) Sublandlord shall, upon request and when needed at the expense of Subtenant, timely institute and diligently prosecute any action or proceeding which Subtenant, in its reasonable judgment, deems meritorious, in order to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall have Overlandlord make all such repairs, structural furnish such electricity, provide such services or comply with any other obligation of Overlandlord under the Xxxxxxxxx or as required by law. Subtenant shall indemnify and otherwisehold harmless Sublandlord from and against any and all such claims arising from or in connection with such request, interior action or proceeding. This indemnity and exteriorhold harmless agreement shall include indemnity from and against any and all liability, as fines, suits, demands, costs and when needed in expenses of any kind or about the Sublease Premisesnature, including including, without limitation, the maintenancereasonable attorneys’ fees and disbursements, repair and replacement incurred ha connection with any such claim, action or proceeding brought thereon. Subtenant shall not make any claim against Sublandlord for any damage which may arise, nor shall Subtenant’s obligations hereunder be diminished, by reason of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible the failure of Overlandlord to keep, observe or perform any of its obligations pursuant to any other provision of this Subleasethe Xxxxxxxxx, including but not limited unless such failure is due to Section 12(B) aboveSublandlord’s gross negligence or willful misconduct, or (ii) repairs to Subtenant’s property and the acts or omissions of Overlandlord, its furnitureagents, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M.contractors, Sublandlord servants, employees, invitees or licensees. The provisions of this Article 10 shall furnish and distribute to survive the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating expiration or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service earlier termination of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminatedTerm hereof.
Appears in 1 contract
Services and Repairs. A. 8.1 Notwithstanding anything to the contrary set forth contained in this Sublease or the Prime Lease, Subtenant agrees that Overlease (except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation to render or supply any services to Subtenant, including, without limitation (i) cleaning and janitorial services relating to the Sublease Premisesextent provided in Section 16.1 herxxx), window washing or rubbish removal services, (ii) performing Xxxlandlord shall not be required to provide any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided to of the Building and/or the Property, or (iv) taking any action services that Prime Landlord Overlandlord has agreed to provide, whether or not specified in the Overlease or required by law, or make any of the repairs or xxxxxxxxxons that Overlandlord has agreed to make pursuant to the Overlease or is required to make by law, or comply with any xxxx xx xequirements of any governmental authorities, or take any other action that Overlandlord has agreed to provide, furnish, make, comply with with, or take, or cause to be providedprovided furnished, made, complied with or taken under the Prime Lease Overlease, but Sublandlord agrees to use all diligent effortx xx xxxxin the same from Overlandlord (collectively “Services provided, however, that Sublandlord shall not be obligated to use such efforts or take any action which might give rise to a default under the Overlease), and Repairs”)Subtenant shall rely upon, and look solely tx, Xxxxxxndlord for the providing, furnishing or making thereof or compliance therewith. The costs incurred in obtaining the foregoing shall be apportioned between Sublandlord and Subtenant hereby to the extent each party benefits from the same. Sublandlord agrees that it shall promptly request from Overlandlord any additional services requested by Subtenant shall look solely that Overlandlord is obligated to furnish pursuant to the Prime Landlord for Overlease and it shall use diligent efforts, at Subtenant s xxxx xxxx and expense, to obtain the same from Overlandlord on Subtenant s behalf. If Overlandlord shall default in the performance of any of its obligations under the Overlease Sublandlord shall, upon request of Subtenant, timexx xnstitute and diligently prosecute any action or proceeding which Subtenant, in its reasonable judgment, deems meritorious, in order to have Overlandlord make such repairs, provide such services or comply with any other obligation of Overlandlord under the Overlease or as required by law provided that the costs incuxxxx xx and the benefits derived from obtaining the foregoing shall be apportioned between Sublandlord and Subtenant to the extent each party benefits from the same. Sublandlord shall, at the request of Subtenant, enforce any guarantees or warranties made by Overlandlord to Sublandlord under the Overlease with respect to the Premises, provided that the coxxx xxxxxred in and the benefits derived from enforcing such guaranties shall be apportioned between Sublandlord and Subtenant to the extent each party benefits from the same. Subtenant shall indemnify and hold harmless Sublandlord from and against any and all such claims arising from or in connection with such request, action or proceeding. This indemnity and hold harmless agreement shall include indemnity from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature, including, without limitation, reasonable attorneys fees and disbursements, incurred in connection with any such Services and Repairsclaim, subject to action or proceeding brought thereon. Provided that Sublandlord has otherwise complied with the terms and conditions provisions of this Sublease. Section 8.1, Subtenant shall not make any claim against Sublandlord hereby grants for any damage which may arise, nor shall Subtenant s obligations hereunder be diminished, by reason of (i) the failure of Overlandlord to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs keep, observe or perform any of its obligations pursuant to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, Overlease unless such failure is due to Sublandlord s negligxxxx, xxxlful misconduct or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises and, at Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) aboveOverlease, or (ii) repairs to Subtenant’s property and its furniturethe acts or omissions of Overlandlord or xxx xx xxs agents, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M.contractors, Sublandlord servants, employees, invitees or licensees. The provisions of this Article 8 shall furnish and distribute to survive the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating expiration or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service earlier termination of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminatedTerm hereof. 9.
Appears in 1 contract
Samples: Sublease Agreement (DVL Inc /De/)
Services and Repairs. A. 8.1. Notwithstanding anything to the contrary set forth contained in this Sublease or in the Prime Lease, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation not be required to render provide any of the services that Prime Landlord has agreed to provide, whether or supply any services to Subtenantnot specified in Article 26 of the Lease (or required by law), including, without limitation (i) cleaning and janitorial services relating or furnish the electricity to the Sublease Premises, window washing or rubbish removal services, (ii) performing any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided Premises that Prime Landlord has agreed to furnish pursuant to the Building and/or the PropertyLease (or required by law), or make any of the repairs or restorations that Prime Landlord has agreed to make pursuant to the Lease (iv) taking or required by law), or comply with any laws or requirements of any governmental authorities, or take any other action that Prime Landlord has agreed to provide, furnish, make, comply with with, or take, or cause to be provided, furnished, made, complied with or taken under the Prime Lease (collectively “Services and Repairs”). Subtenant hereby Lease, but Sublandlord agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises anduse diligent efforts, at Subtenant’s 's sole cost and expense, to obtain the same from Prime Landlord (provided, however, that Sublandlord shall clean and provide janitorial services not be obligated to and rubbish removal from use such efforts or take any action which might give rise to a default under the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating ExpensesLease), and Subtenant shall keeprely upon, repairand look solely to, replace and maintain Prime Landlord for the common areasprovision, furnishing or making thereof or compliance therewith. If Prime Landlord shall default in the roof, performance of any of its obligations under the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional RentLease, Sublandlord shall shall, upon request and at the expense of Subtenant, timely institute and diligently prosecute any action or proceeding which Subtenant, in its reasonable judgment, deems meritorious, in order to have Prime Landlord make all such repairs, structural furnish such electricity, provide such services or comply with any other obligation of Prime Landlord under the Lease or as required by law. Subtenant shall indemnify and otherwisehold harmless Sublandlord from and against any and all such claims arising from or in connection with such request, interior action or proceeding. This indemnity and exteriorhold harmless agreement shall include indemnity from and against any and all liability, as fines, suits, demands, costs and when needed in expenses of any kind or about the Sublease Premisesnature, including including, without limitation, the maintenancereasonable attorneys' fees and disbursements, repair and replacement incurred in connection with any such claim, action or proceeding brought thereon. Subtenant shall not make any claim against Sublandlord for any damage which may arise, nor shall Subtenant's obligations hereunder be diminished, by reason of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible the failure of Prime Landlord to keep, observe or perform any of its obligations pursuant to any other provision of this Subleasethe Lease, including but not limited unless such failure is due to Section 12(B) aboveSublandlord's negligence or misconduct, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees acts or omissions of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord, its agents, contractors, servants, employees, invitees or licensees. Sublandlord Subtenant shall have no liability not be liable to SubtenantSublandlord, nor shall Subtenant be required to cure, any diminution violation or abatement condition in the Premises existing as of rent the Commencement Date or additional rent for any matter arising after the expiration of the term hereof. The provisions of this Article 8 shall survive the expiration or other compensation or claim earlier termination of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the BuildingTerm hereof.
E. Sublandlord reserves the right, without any liability to Subtenant, except 8.2. It is expressly understood and agreed that Subtenant shall obtain electricity from Prime Landlord on a submetered basis as otherwise expressly provided in this Sublease, to stop the service Article 26 of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminatedLease.
Appears in 1 contract
Services and Repairs. A. Notwithstanding anything Subtenant shall be entitled to all those services and utilities which Landlord is required to provide under the contrary set forth in Master Lease. It is understood that all work, services, insurance, ADA compliance, repairs, restorations, equipment and access which are required to be provided and made by Sublandlord hereunder or by Landlord under the Prime Master Lease, Subtenant agrees that except as expressly set forth will, in subparagraph (C) belowfact, be provided by the Landlord under the Master Lease, and Sublandlord shall have no obligation during the term of this Sublease Agreement to render or supply do any services such work, to Subtenant, including, without limitation (i) cleaning and janitorial services relating to the Sublease Premises, window washing or rubbish removal provide any such services, (ii) performing any maintenance equipment or making any alterations or repairs, (iii) providing any utility or service not currently provided to the Building and/or the Propertyaccess, or (iv) taking to make any action that Prime Landlord has agreed to provide, make, comply with such repairs or take, restorations or cause otherwise perform any obligations or observe any conditions required to be provided, made, complied with observed or taken performed by Landlord under the Prime Lease (collectively “Services Master Lease, and Repairs”). Subtenant hereby agrees that Subtenant shall to look solely to the Prime Landlord under the Master Lease for the performance and observance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Leasesame. Sublandlord shall in no event be liable to Subtenant nor shall the Subtenant’s obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s the part of the Landlord under the Master Lease in furnishing Services and Repairsperforming or observing the obligations of the Landlord under the Master Lease, unless provided, however, that in the event of such failure or delay results from Sublandlord’s default by the Landlord under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Master Lease, Subtenant shall take good care of the Sublease Premises andnotify Sublandlord in writing, at Subtenant’s sole cost and expense, Sublandlord shall clean and provide janitorial services to and rubbish removal from the Sublease Premises promptly notify Landlord and shall make all non-structural repairs and replacementsuse reasonable efforts to cause the Landlord under the Master Lease to promptly correct the delay or failure, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, provided that Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premisesnot incur any liability, including without limitationthe expenditures of funds, the maintenancewith respect thereto, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant nothing contained herein shall obligate Sublandlord to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipmentinstitute legal proceedings against Landlord.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
Appears in 1 contract
Samples: Sublease Agreement (Pine Technology Acquisition Corp.)
Services and Repairs. A. Notwithstanding anything to the contrary set forth in the Prime Leasethis Sublease, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation to render or supply any services to Subtenant, including, without limitation (ia) cleaning and janitorial services relating to the Sublease Premisesfurnishing of electrical energy, heat, ventilation, water, air conditioning, elevator service, cleaning, window washing washing, or rubbish removal services, (iib) performing any maintenance or making any alterations alterations, repairs or repairsrestorations, (iiic) providing complying with any utility laws or service not currently provided to the Building and/or the Propertyrequirements of any governmental authorities, or (ivd) taking any action that Prime Landlord has agreed to provide, make, comply with with, or take, or cause to be provided, made, complied with with, or taken under the Prime Lease (collectively “Services and Repairs”). Subtenant hereby agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from the Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled (i) to receive same under the Prime LeaseLease and (ii) to grant same to Subtenant. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on the Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default does not result from or is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care . Notwithstanding the foregoing, upon receipt of the Sublease Premises and, at request from Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about use its commercially reasonable efforts to cause Prime Landlord to comply with the Sublease Premises, including without limitation, the maintenance, repair and replacement terms of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipmentPrime Lease as necessary.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
Appears in 1 contract
Services and Repairs. A. Notwithstanding anything to the contrary herein set forth in the Prime Leaseforth, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation to render or supply any services to Subtenant, including, without limitation (ia) cleaning and janitorial services relating to the Sublease Premisesfurnishing of electrical energy, heat, ventilation, water, air conditioning, elevator service, cleaning, window washing washing, or rubbish removal services, (iib) performing any maintenance or making any alterations alterations, repairs or repairsrestorations (unless the need for the alterations, repairs or restorations arose as a result of a negligent act or omission of Sublandlord, and Sublandlord can provide such alterations, repairs or restorations, it being understood that if Sublandlord cannot provide such alterations, repairs or restorations, it shall make reasonable efforts to request Prime Landlord to do so, and in any event, provided that Subtenant is not otherwise in default beyond applicable notice and cure under this Sublease), (iiic) providing complying with any utility laws or service not currently provided requirements of any governmental authorities (except to the Building and/or extent that any obligation to comply with any such laws or requirements first arose prior to the Propertydate of this Sublease), or (ivd) taking any action that Prime Landlord has agreed to provide, make, comply with with, or take, or cause to be provided, made, complied with with, or taken under the the, Prime Lease (collectively “Services and Repairs”). Subtenant hereby agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of off such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from the Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled (i) to receive same under the Prime Lease and (ii) to grant same to Subtenant, including, without limitation, condenser water as per Article Thirty-one (c) of the Prime Lease and cleaning as per Article Thirty-One (d) of the Prime Lease. Subject to the other terms and provisions of this Sublease, including, without limitation, Article Twelve hereof, Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on the Prime Landlord’s part in furnishing Services and or Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default does not result from or is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises and, at Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
Appears in 1 contract
Samples: Sublease Agreement
Services and Repairs. A. Notwithstanding anything to the contrary set forth in the Prime Lease, Subtenant agrees that except (i) Except as expressly set forth provided in subparagraph (Cii) belowherein, it is understood that all work, services; repairs, restorations, equipment and access which are required to be provided and made by Sublandlord hereunder or by Landlord under the Master Lease, will, in fact, be provided by the Landlord under the Master Lease, and Sublandlord shall have no obligation during the term of this Sublease Agreement to render or supply do any services such work, to Subtenant, including, without limitation (i) cleaning and janitorial services relating to the Sublease Premises, window washing or rubbish removal provide any such services, (ii) performing any maintenance equipment or making any alterations or repairs, (iii) providing any utility or service not currently provided to the Building and/or the Propertyaccess, or (iv) taking to make any action that Prime Landlord has agreed to provide, make, comply with such repairs or take, restorations or cause otherwise perform any obligations or observe any conditions required to be provided, made, complied with observed or taken performed by Landlord under the Prime Lease (collectively “Services Master Lease, and Repairs”). Subtenant hereby agrees that Subtenant shall to look solely to the Prime Landlord under the Master Lease for the performance and observance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Leasesame. Sublandlord shall in no event be liable to Subtenant nor shall the Subtenant's obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime the part of the Landlord under the Master Lease in performing or observing the obligations of the Landlord under the Master Lease, provided, however, that if a failure by the Landlord under the Master Lease materially interferes with Subtenant's use and occupancy of the Premises, and Subtenant so notifies Sublandlord in writing, Sublandlord shall use its best efforts to cause the Landlord under the Master Lease to promptly correct the failure. Not withstanding the foregoing, if (a) Subtenant's use, occupancy and/or enjoyment of the Premises is adversely affected as a result of (1) Landlord’s part in furnishing Services and Repairs, unless such 's failure or delay results from Sublandlord’s default to perform its obligations under the Prime Master Lease, or (2) Sublandlord's failure or delay to perform its obligations under the Sublease, or (3) by reason of interruption, suspension or delay of work, services repairs, restorations, equipment and access, and (b) Sublandlord shall be entitled to an abatement of rent under the Master Lease as a result of the foregoing, then Subtenant shall be entitled to an equitable abatement of rent under this Sublease.
(ii) Any maintenance required of Subtenant under the Master Lease (which default including without limitation Section 7.2 of the Master Lease) will be performed by Sublandlord and paid by Sublandlord unless such repair or maintenance is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of Subtenants negligence in which the Sublease Premises and, at Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs will be billed to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
Appears in 1 contract
Samples: Sublease Agreement (Aware Inc /Ma/)
Services and Repairs. A. Notwithstanding anything to the contrary herein set forth in the Prime Leaseforth, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation to render or supply any services to Subtenant, including, without limitation (ia) cleaning and janitorial services relating to the Sublease Premisesfurnishing of electrical energy, heat, ventilation, water, air conditioning, elevator service, cleaning, window washing washing, or rubbish removal services, (iib) performing any maintenance or making any alterations alterations, repairs or repairsrestorations, (iiic) providing complying with any utility laws or service not currently provided to the Building and/or the Propertyrequirements of any governmental authorities, or (ivd) taking any action that Prime Landlord has agreed to provide, make, comply with with, or take, or cause to be provided, made, complied with with, or taken under the Prime Lease (collectively “"Services and Repairs”"). Subtenant hereby agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s 's rights under the Prime Lease to receive from the Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled (i) to receive same under the Prime Lease and (ii) to grant same to Subtenant, including, without limitation, condenser water as per Article Thirty-one (c) of the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on the Prime Landlord’s 's part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s 's default under the Prime Lease (which default is not the result of resulting from or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises and, at Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
Appears in 1 contract
Services and Repairs. A. 11.1. Notwithstanding anything to the contrary set forth contained in this Sublease or in the Prime Lease, Subtenant agrees that except shall be required to maintain and repair the Premises in accordance with the tenns of the Lease and to fulfill Sublandlord's obligations as expressly set forth in subparagraph (C) below, Tenant under the Lease with regaJd to the Premises and Sublandlord shall have no obligation not be required to render or supply provide any of the services to Subtenant, including, without limitation (i) cleaning and janitorial services relating to the Sublease Premises, window washing or rubbish removal services, (ii) performing any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided to the Building and/or the Property, or (iv) taking any action that Prime Landlord Owner has agreed to provide, whether or not specified in the Lease (or required by law), or furnish the electricity to the Premises that Owner has agreed to furnish pursuant to the Lease (or required by law), or to otherwise repair or maintain the Premises , or make any of the repairs or restorations that O'.vner has agreed to make pursuant to the Lease (or required by law), or comply with any Legal Requirements, or take any other action that Owner has agreed to provide, furnish, make, comply with with, or take, or cause to be provided, furnished, made, complied with or taken under the Prime Lease (collectively “Services and Repairs”)Lease. Subtenant hereby agrees that Not;vithstanding the foregoing, Subtenant shall look solely have the benefit of all services, electricity, repairs, restorations, or actions to be provided or taken by Owner therelllder, including, the Prime Landlord for services provided by Owner under Exhibit C of the performance of any and all of such Services and Repairs, subject to the terms and conditions Lease. Provided Subtenant is not in default of this Sublease. Sublease following any applicable notice and cure period , Sublandlord hereby grants agrees to Subtenant Sublandlord’s rights under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises anduse commercially reasonable efforts, at Subtenant’s 's sole cost and expense, to obtain the same from Owner (provided, however, that Sublandlord shall clean and provide janitorial services not be obligated to and rubbish removal from take any action \Vhich might, in Sublandlord' s sole discretion, give rise to a default under the Sublease Premises and shall make all non-structural repairs and replacements, Lease or commence any litigation or other legal proceedings against Owner except as and when needed to preserve the Sublease Premises expressly set forth in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating ExpensesSection 11.2 hereof), and Subtenant shall keeprely upon, repairand look solely to, replace and maintain Owner for the common areasprovision, furnishing or making thereof or compliance therewith. A default by Owner under the roofLease shall not excuse Subtenant's perf01mance under this Sublease except to the extent Sublandlord is excused from perfom1ance under the Lease. Subtenant shall not make any claim against Sublandlord for any damage which may arise, the foundationnor shall Subtenant's obligations hereunder be diminished, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement by reason of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible the failure of Owner to keep, observe or perform any of its obligations pursuant to any other provision of this Sublease, including but not limited to Section 12(B) abovethe Lease, or (ii) repairs to Subtenant’s property and the acts or omissions of Owner, its furnitureagents, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M.contractors, Sublandlord servants, employees, invitees or licensees. The provisions of this Article 11 shall furnish and distribute to survive the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating expiration or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service earlier termination of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminatedTenn hereof.
Appears in 1 contract
Samples: Sublease Agreement (Care.com Inc)
Services and Repairs. A. Notwithstanding anything to the contrary herein set forth in the Prime Leaseforth, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation to render or supply any services to Subtenant, including, without limitation (ia) cleaning and janitorial services relating to the Sublease Premisesfurnishing of electrical energy, heat, ventilation, water, air conditioning, elevator service, cleaning, window washing washing, or rubbish removal services, (iib) performing any maintenance or making any alterations alterations, repairs or repairsrestorations (unless the need for the alterations, repairs or restorations arose as a result of a negligent act or omission of Sublandlord, and Sublandlord can provide such alterations, repairs or restorations, it being understood that if Sublandlord cannot provide such alterations, repairs or restorations, it shall make reasonable efforts to request Prime Landlord to do so, and in any event, provided that Subtenant is not otherwise in default beyond applicable notice and cure under this Sublease), (iiic) providing complying with any utility laws or service not currently provided requirements of any governmental authorities (except to the Building and/or extent that any obligation to comply with any such laws or requirements first arose prior to the Propertydate of this Sublease), or (ivd) taking any action that Prime Landlord has agreed to provide, make, comply with with, or take, or cause to be provided, made, complied with with, or taken under the the, Prime Lease (collectively “Services and Repairs”). Subtenant hereby agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of off such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from the Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled (i) to receive same under the Prime Lease. Sublandlord shall in no event be liable Lease and (ii) to Subtenant nor shall the obligations grant same to Subtenant, including, without limitation, condenser water as per Article Thirty-one (c) of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease and cleaning as per Article Thirty-One (which default is not the result of or attributable to any corresponding default of Subtenant under this Subleased).
B. Subtenant shall take good care of the Sublease Premises and, at Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
Appears in 1 contract
Services and Repairs. A. Notwithstanding anything to the contrary set forth contained -------------------- in the Prime Lease, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation not be required to render or supply provide any of the services that Landlord has agreed to Subtenant, including, without limitation (i) cleaning and janitorial services relating provide pursuant to the Sublease PremisesLease (or required by law), window washing or rubbish removal services, (ii) performing any maintenance or making any alterations or repairs, (iii) providing any utility or service not currently provided furnish the electricity to the Building and/or Subleased Premises that Landlord has agreed to furnish pursuant to the PropertyLease (or required by law), or make any of the repairs or restorations that Landlord has agreed to make pursuant to the Lease (ivor required by law), or reimburse Subtenant for any repairs or restoration that Subtenant may make pursuant to the Lease (as incorporated herein by reference) taking or take any other action that Prime Landlord has agreed to provide, furnish, make, comply with with, or take, or cause to be provided, furnished, made, complied with or taken under the Prime Lease Lease, but at Subtenant's request, Sublandlord agrees to use all diligent efforts to obtain the same from Landlord (collectively “Services and Repairs”provided, however, that Sublandlord shall not be obligated to use such efforts or take any action which might give rise to a default under the Lease). Subtenant hereby agrees that , in which event Subtenant shall be responsible for Subtenant's Share of the cost incurred by Sublandlord to obtain the same from Landlord, and Subtenant shall rely upon, and look solely to the Prime to, Landlord for the provision, furnishing or making thereof or compliance therewith. If Landlord shall default in the performance of any and all of such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights its obligations under the Prime Lease to receive from Prime Landlord Services and Repairs to the Sublease Premises to the extent that Lease, Sublandlord is entitled to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises andshall, at Subtenant’s sole cost 's request, timely institute and expensediligently prosecute any action or proceeding which Subtenant, shall clean and provide janitorial services in its reasonable judgment, deems meritorious, in order to and rubbish removal from the Sublease Premises and shall have Landlord make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all such repairs, structural and otherwisefurnish such electricity, interior and exteriorprovide such services or comply with any other obligation of Landlord under the Lease or as required by law, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement which event Subtenant shall be responsible for Subtenant's Share of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., cost incurred by Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruptionsuch action or proceeding. Notwithstanding the foregoing, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage Subtenant shall have been eliminatedthe right to contact Landlord on a direct basis in respect of regular maintenance and operational issues.
Appears in 1 contract
Samples: Sublease Agreement (Ziff Davis Inc)
Services and Repairs. A. Notwithstanding anything to the contrary herein set forth in the Prime Leaseforth, Subtenant agrees that except as expressly set forth in subparagraph (C) below, Sublandlord shall have no obligation to render or supply any services to Subtenant, including, without limitation (ia) cleaning and janitorial services relating to the Sublease Premisesfurnishing of electrical energy, heat, ventilation, water, air conditioning, elevator service, cleaning, window washing washing, or rubbish removal services, (iib) performing any maintenance or making any alterations alterations, repairs or repairsrestorations (unless the need for the alterations, repairs or restorations arose as a result of a negligent act or omission of Sublandlord, and Sublandlord can provide such alterations, repairs or restorations, it being understood that if Sublandlord cannot provide such alterations, repairs or restorations, it shall make reasonable efforts to request Prime Landlord to do so, and in any event, provided that Subtenant is not otherwise in default beyond applicable notice and cure under this Sublease), (iiic) providing complying with any utility laws or service not currently provided requirements of any governmental authorities (except to the Building and/or extent that any obligation to comply with any such laws or requirements first arose prior to the Propertydate of this Sublease), or (ivd) taking any action that Prime Landlord has agreed to provide, make, comply with with, or take, or cause to be provided, made, complied with with, or taken under the the, Prime Lease (collectively “Services and Repairs”). Subtenant hereby agrees that Subtenant shall look solely to the Prime Landlord for the performance of any and all of off such Services and Repairs, subject to the terms and conditions of this Sublease. Sublandlord hereby grants to Subtenant Sublandlord’s rights under the Prime Lease to receive from the Prime Landlord Services and Repairs to the Sublease Premises to the extent that Sublandlord is entitled (i) to receive same under the Prime Lease. Sublandlord shall in no event be liable to Subtenant nor shall the obligations of Subtenant hereunder be impaired or the performance thereof excused because of any failure or delay on Prime Landlord’s part in furnishing Services and Repairs, unless such failure or delay results from Sublandlord’s default under the Prime Lease (which default is not the result of or attributable to any corresponding default of Subtenant under this Sublease).
B. Subtenant shall take good care of the Sublease Premises and, at Subtenant’s sole cost and expense, shall clean and provide janitorial services to and rubbish removal from the Sublease Premises and shall make all non-structural repairs and replacements, as and when needed to preserve the Sublease Premises in good working order and condition.
C. Sublandlord, at its expense (but subject to reimbursement as Operating Expenses), shall keep, repair, replace and maintain the common areas, the roof, the foundation, the structural supports and walls and the fixtures, appurtenances, systems and facilities serving the Sublease Premises in working order, condition and repair and the parking and sidewalk areas free from snow and ice, and, at Subtenant’s sole cost and expense payable to Sublandlord as Additional Rent, Sublandlord shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Sublease Premises, including without limitation, the maintenance, repair and replacement of the heating, ventilation and air conditioning systems and equipment located within the Sublease Premises, except for (i) those repairs for which Subtenant is responsible pursuant to any other provision of this Sublease, including but not limited to Section 12(B) above, or (ii) repairs to Subtenant’s property and its furniture, fixtures and equipment.
D. On Business Days from 8:00 A.M. to 6:00 P.M., Sublandlord shall furnish and distribute to the Sublease Premises through the Building’s air conditioning system, heated, cooled and outside air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities (collectively “air conditioning”). No supplemental heating, ventilating or air conditioning equipment shall be installed or utilized by Subtenant in the Sublease Premises without the prior consent of Sublandlord and, pursuant to the Prime Lease, the Prime Landlord. Sublandlord shall have no liability to Subtenant, nor shall any diminution or abatement of rent or additional rent or other compensation or claim of constructive eviction be claimed by Subtenant, by reason of any interruption, curtailment or suspension of any air conditioning system for the Building.
E. Sublandlord reserves the right, without any liability to Subtenant, except as otherwise expressly provided in this Sublease, to stop the service of the air conditioning, supplemental heating, ventilating, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of the Building serving the Sublease Premises, or the rendition of any of the other services required of Sublandlord under this Sublease, whenever and for so long as may be necessary, by reason of accident or emergency, strikes, mechanical breakdown, requirement of law, unavoidable delay or for repairs, alterations, replacements or improvements, which in the judgment of Sublandlord, are desirable or necessary, until the reason for such stoppage shall have been eliminated.
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