Sublandlord’s Obligations. Sublandlord shall fully perform all of its obligations under the Master Lease to the extent Subtenant has not expressly agreed to perform such obligations under this Sublease. Sublandlord, with respect to the obligations of Landlord under the Master Lease, shall use Sublandlord's good faith efforts to cause Landlord to perform such obligations for the benefit of Subtenant. Such good faith efforts shall include, without limitation: (a) upon Subtenant's written request, immediately notifying Landlord of its nonperformance under the Master Lease, and requesting that Landlord perform its obligations under the Master Lease; and (b) permitting Subtenant to commence a lawsuit or other action in Subtenant's name to obtain the performance required from Landlord under the Master Lease; provided, however, that if Subtenant commences a lawsuit or other action, Subtenant shall pay all costs and expenses incurred in connection therewith, including any costs, expenses or penalties assessed by Landlord to Sublandlord, and Subtenant shall indemnify Sublandlord against, and hold Sublandlord harmless from, all reasonable costs and expenses incurred by Sublandlord in connection therewith, including costs, expenses or penalties assessed by Landlord.
Appears in 3 contracts
Samples: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Sublandlord’s Obligations. (a) To the extent that the provision of any services or the performance of any maintenance or any other act respecting the Subleased Premises, the Premises or Building is the responsibility of Master Landlord (collectively “Master Landlord Obligations”), upon Subtenant’s request, Sublandlord shall fully make reasonable efforts to cause Master Landlord to perform all such Master Landlord Obligations, provided, however, that in no event shall Sublandlord be liable to Subtenant for any liability, loss or damage whatsoever in the event that Master Landlord should fail to perform the same, nor shall Subtenant be entitled to withhold the payment of Rent or terminate this Sublease. It is expressly understood that the services and repairs which are incorporated herein by reference, including but not limited to the maintenance of exterior walls, structural portions of the roof, foundations, walls and floors, will in fact be furnished by Master Landlord and not by Sublandlord. In addition, Sublandlord shall not be liable for any maintenance, restoration (following casualty or destruction) or repairs in or to the Building or the Subleased Premises, other than its obligations under the Master Lease to the extent Subtenant has not expressly agreed to perform such and other than its obligations under this Sublease. Sublandlord, with respect Sublease to the obligations of Landlord under the Master Lease, shall use Sublandlord's good faith reasonable efforts to cause Master Landlord to perform such obligations for the benefit of Subtenant. Such good faith efforts shall include, without limitation: (a) upon Subtenant's written request, immediately notifying Landlord of its nonperformance under the Master Lease, and requesting that Landlord perform its obligations under the Master Lease; and .
(b) permitting Except as otherwise provided herein, Sublandlord shall have no other obligations to Subtenant with respect to commence a lawsuit the Subleased Premises or other action in Subtenant's name to obtain the performance required from Landlord under of the Master Lease; provided, however, that if Subtenant commences a lawsuit or other action, Subtenant shall pay all costs and expenses incurred in connection therewith, including any costs, expenses or penalties assessed by Landlord to Sublandlord, and Subtenant shall indemnify Sublandlord against, and hold Sublandlord harmless from, all reasonable costs and expenses incurred by Sublandlord in connection therewith, including costs, expenses or penalties assessed by LandlordObligations.
Appears in 2 contracts
Samples: Sublease (Kura Oncology, Inc.), Sublease (Kura Oncology, Inc.)
Sublandlord’s Obligations. Sublandlord shall fully perform all of its obligations under the Master Lease have no obligation to the extent Subtenant has not expressly agreed to perform such obligations under this Sublease. Sublandlord, with respect to the Sublease Premises during the term hereof except as expressly otherwise provided herein nor shall Sublandlord have any obligation to Subtenant with respect to the performance by Master Landlord of any obligations of Master Landlord under the Master Lease, shall except to use Sublandlord's good faith best efforts to cause Landlord to perform such enforce Master Landlord's obligations for under the benefit of SubtenantMaster Lease. Such good faith efforts enforcement shall include, without limitation: , upon Subtenant's request, (a) upon Subtenant's written request, immediately notifying Master Landlord of its nonperformance non-performance under the Master Lease, Lease and requesting that Master Landlord perform its obligations under the Master Lease; and Lease and/or (b) permitting assigning Sublandlord's rights under the Master Lease to Subtenant to commence a lawsuit or other action in Subtenant's name the extent necessary to permit Subtenant to institute legal proceedings against Master Landlord to obtain the performance required from Landlord of Master Landlord's obligations under the Master Lease; provided, however, that if Subtenant commences a lawsuit or other action, Subtenant shall pay all costs and expenses incurred in connection therewith, including any costs, expenses or penalties assessed by Landlord to Sublandlord, and Subtenant shall indemnify Sublandlord against, and hold Sublandlord harmless from, all reasonable costs and expenses incurred by Sublandlord in connection therewith, including costs, expenses or penalties assessed by Landlord.
Appears in 2 contracts
Samples: Collaboration and Facilities Agreement (Cytokinetics Inc), Collaboration and Facilities Agreement (Cytokinetics Inc)
Sublandlord’s Obligations. Except as expressly otherwise provided herein Sublandlord shall fully perform all of its obligations under the Master Lease have no obligation to the extent Subtenant has not expressly agreed to perform such obligations under this Sublease. Sublandlord, with respect to the performance by Master Landlord of any obligations of Master Landlord under the Master Lease, shall except to use Sublandlord's good faith reasonable efforts to cause Landlord to perform such enforce Master Landlord's obligations for under the benefit of SubtenantMaster Lease. Such good faith reasonable efforts shall include, without limitation: , upon Subtenant's request, (a) upon Subtenant's written request, immediately notifying Master Landlord of its nonperformance non-performance under the Master Lease, Lease and requesting that Master Landlord perform its obligations under the Master Lease; and Lease and/or (b) permitting assigning Sublandlord's rights under the Master Lease to Subtenant to commence a lawsuit or other action in Subtenant's name the extent necessary to permit Subtenant to institute legal proceedings against Master Landlord to obtain the performance required from Landlord of Master Landlord's obligations under the Master Lease; provided, however, that if Subtenant commences a lawsuit or other action, Subtenant shall pay all costs and expenses incurred in connection therewith, including any costs, expenses or penalties assessed by Landlord to Sublandlord, and Subtenant shall indemnify Sublandlord against, and hold Sublandlord harmless from, all reasonable costs and expenses incurred by Sublandlord in connection therewith, including costs, expenses or penalties assessed by Landlord.
Appears in 1 contract
Samples: Sublease (Opticnet Inc)