Common use of Sublessee’s Obligations Clause in Contracts

Sublessee’s Obligations. Sublessee covenants and agrees that all obligations of Sublessor under the Master Lease shall be done or performed by Sublessee with respect to the HMO Funding Facility, and Sublessee's obligations shall run to Sublessor and HMO Funding, Inc. as Sublessor may determine in its sole discretion to be appropriate or be required by the respective interests of Sublessor and HMO Funding, Inc. Sublessee agrees to indemnify Sublessor, and hold it harmless, from and against any and all claims, damages, losses, expenses and liabilities (including reasonable attorneys' fees) incurred as a result of the non-performance, non-observance or non-payment of any of Sublessor's obligations under the Master Lease which, as a result of this Sublease, became an obligation of Sublessee. If Sublessee makes any payment to Sublessor pursuant to this indemnity, Sublessee shall be subrogated to the rights of Sublessor concerning said payment. Sublessee shall not do, nor permit to be done, any act or thing which is, or with notice or the passage of time would be, a default under this Sublease or the Master Lease. Any default by HMO Funding, Inc. under the Master Lease shall not constitute as between Sublessor and Sublessee a default by Sublessor or an eviction, actual or constructive, of Sublessee and no such default shall excuse Sublessee from the performance or observance of any of its obligations to be performed or observed under this Sublease, or entitle Sublessee to receive any reduction in or abatement of the rent provided for in this Sublease.

Sublessee’s Obligations. (a) Sublessee covenants and agrees that all obligations of Sublessor under shall, during the Master Lease shall be done or performed by Sublessee with respect to the HMO Funding Facility, and Sublessee's obligations shall run to Sublessor and HMO Funding, Inc. as Sublessor may determine in its sole discretion to be appropriate or be required by the respective interests of Sublessor and HMO Funding, Inc. Sublessee agrees to indemnify Sublessor, and hold it harmless, from and against any and all claims, damages, losses, expenses and liabilities (including reasonable attorneys' fees) incurred as a result of the non-performance, non-observance or non-payment of any of Sublessor's obligations under the Master Lease which, as a result term of this Sublease, became an keep in good order, condition and repair the Premises and every part thereof, and all adjacent sidewalks, landscaping, driveways, parking lots, fences and signs located in the areas which are adjacent to and included with the Premises; provided, however, that, notwithstanding the foregoing, Sublessor shall, during the term of this Sublease, repair any damage to the structural steel components of the Premises that is not covered by insurance, provided further that Sublessor shall have no liability to Sublessee or any other party for any consequential or incidental damages related thereto. Sublessor shall incur no expense nor have any obligation of Sublesseeany kind whatsoever in connection with maintenance of the Premises, except for any aforementioned structural repairs, and Sublessee expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Sublessee the right to make repairs at Sublessor's expense, other than any aforementioned structural repairs, or to terminate this Sublease because of Sublessor's failure to keep the Premises in good order, condition and repair. If Without limiting any of the foregoing, during the term of this Sublease Sublessee makes shall, at its own expense, (1) keep the Premises in as reasonably safe condition as its operations permit, (2) from time to time make all necessary and proper repairs, renewals and replacements thereto, including external repairs, renewals and replacements, and (3) pay all gas, electric, water, sewer and other charges for the operation, maintenance, use and upkeep of the Premises, provided that for any payment to Sublessor pursuant to billing period for any of such utilities or charges which includes the commencement date or the termination date of this indemnitySublease, Sublessee shall be subrogated to pay only a pro rata portion of such utilities and other charges as are incurred after the rights commencement date of Sublessor concerning said payment. Sublessee shall not do, nor permit to be done, any act or thing which is, or with notice or the passage of time would be, a default under this Sublease or before the Master Lease. Any default by HMO Funding, Inc. under the Master Lease shall not constitute as between Sublessor and Sublessee a default by Sublessor or an eviction, actual or constructive, termination date of Sublessee and no such default shall excuse Sublessee from the performance or observance of any of its obligations to be performed or observed under this Sublease, or entitle Sublessee to receive any reduction in or abatement of the rent provided for in this Subleaseas applicable.

Sublessee’s Obligations. Sublessee covenants and agrees that shall perform all of the obligations of Sublessor under Paragraph 11B of the Master Lease, including, without limitation, keeping in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term of the Lease, and providing Lessor with a copy of such contract and all periodic service reports. Sublessee shall also provide Sublessor with a copy of such contract and all periodic service reports. If Sublessee fails to make repairs or perform maintenance work required of Sublessee hereunder, Sublessor may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work without notice to Sublessee. Sublessee hereby specifically acknowledges that the Lease does not provide for any written notice of default or cure period to be provided by Lessor to Sublessor for a default under the Lease. If Sublessor makes such repairs and/or performs such maintenance work, Sublessee shall be done reimburse Sublessor upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Sublessor shall have no liability to Sublessee for any damage, inconvenience or performed interference with the use of the Premises by Sublessee with respect to the HMO Funding Facility, and Sublessee's obligations shall run to Sublessor and HMO Funding, Inc. as Sublessor may determine in its sole discretion to be appropriate or be required by the respective interests of Sublessor and HMO Funding, Inc. Sublessee agrees to indemnify Sublessor, and hold it harmless, from and against any and all claims, damages, losses, expenses and liabilities (including reasonable attorneys' fees) incurred as a result of Sublessor performing any such repairs or maintenance. Sublessee shall reimburse Sublessor, on demand and as Additional Rent, for the non-performance, non-observance cost of damage to the Premises caused by Sublessee or non-payment Sublessee's agents. Sublessee expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Sublessee the right to make repairs at Sublessor's expense (or to deduct the cost of such repairs from rentals due hereunder) or to terminate this Sublease because of Sublessor's obligations under failure to keep the Master Lease which, as a result of this Sublease, became an obligation of Sublessee. If Sublessee makes any payment to Sublessor pursuant to this indemnity, Sublessee shall be subrogated to the rights of Sublessor concerning said payment. Sublessee shall not do, nor permit to be done, any act or thing which is, or with notice or the passage of time would be, a default under this Sublease or the Master Lease. Any default by HMO Funding, Inc. under the Master Lease shall not constitute as between Sublessor Premises in good and Sublessee a default by Sublessor or an eviction, actual or constructive, of Sublessee and no such default shall excuse Sublessee from the performance or observance of any of its obligations to be performed or observed under this Sublease, or entitle Sublessee to receive any reduction in or abatement of the rent provided for in this Subleasesanitary order.