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 shall, during the term of this Sublease, keep in good order, condition and agrees 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 any 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. Without limiting any of the foregoing, during the term of this Sublease Sublessee 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 obligations 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 billing period for any of such utilities or charges which includes the commencement date or the termination date of this Sublease, Sublessee shall pay only a pro rata portion of such utilities and other charges as are incurred after the commencement date of this Sublease or before the termination date of this Sublease, as applicable. (b) Xxxxx hereby acknowledges and certifies that, to his knowledge, by virtue of his involvement in or management of operations at the Premises by Sublessor under prior to the Master Lease shall be done date hereof or performed by Sublessee otherwise, there are no structural infirmities, defects, or repair needs or other structural problems with respect to the HMO Funding FacilityPremises. Sublessee and Xxxxx hereby covenant and agree that neither they nor any of their affiliates, employees, agents, representatives or independent contractors shall take or omit to take any action which would damage, weaken or impair the structure or structural soundness of the Premises, and Sublessee's obligations shall run to that 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, responsible for any act repairs caused by any such action 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 Subleaseinaction.

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.

Sublessee’s Obligations. (1) Sublessee covenants shall be entitled to construct such initial leasehold improvements to the Premises, at the outset of this Sublease, as Sublessee may reasonably require in order that the Premises may be used for the purpose herein specified (herein referred to as "Sublessee's Work"). Sublessee's Work shall be performed by a reputable contractor or contractors, who shall be subject to Sublessor's, First Sublessor's and agrees Lessor's approval, which approval shall not be unreasonably withheld, and in accordance with detailed plans and specifications which shall be prepared by Sublessee and submitted to Sublessor and Lessor in advance of the commencement of Sublessee's Work for Sublessor's and Lessor's approval (2) Sublessee shall be responsible for all repairs and alterations in and to the Premises, Building and the facilities and systems thereof, the need for which arises out of: (i) Sublessee's use or occupancy of the Premises; (ii) the installation, removal, use or operation of Sublessee's property in the Premises; (iii) the moving of Sublessee's property into or out of the Building; or (iv) the act, omission, misuse or negligence of Sublessee, its agents, contractors, employees or invitees. (3) If Sublessee fails to maintain the Premises in good order, condition and repair, then Sublessor or Lessor shall give Sublessee written notice to perform such work to maintain the premises in good order, condition and repair within thirty (30) days of receipt of said notice. Sublessee shall not be in violation of this provision if the maintenance or repair is such that cannot be completed within thirty (30) days, but such repairs or maintenance were commenced within such thirty (30) day period. If Sublessee has not performed such work at the termination of the thirty (30) days from when Sublessee received notice to perform such work the Lessor or Sublessor shall have the right (but not the obligation) to do such acts and expend such funds, at the expense of Sublessee, as are reasonably required to perform such work. Any amount so expended by Sublessor and Lessor shall be paid by Sublessee as Additional Rent promptly after demand with interest at the maximum rate then allowed by law. Sublessor and Lessor shall have no liability to Sublessee for any damage, inconvenience or interference with the use of the Premises by Sublessee as a result of performing any such work. (4) Sublessee shall do all acts required to comply with all applicable laws, ordinances and rules of any public authority relating to its maintenance obligations as set forth herein. (5) Except as otherwise expressly provided in this Sublease, First Sublessor, Sublessor and Lessor shall have no liability to Sublessee, nor shall Sublessee's obligations under this Sublease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury to business arising from First Sublessor's, Lessor's or Sublessor's making any reasonable repairs or changes which First Sublessor, Lessor or Sublessor are required or permitted to make under the Master Lease or First Sublease, other than that which may be caused by the negligence or intentional act of Lessor, First Sublessor or Sublessor, this Sublease or by any other sublessee's Sublease, tenant lease or required by law to make in or to any portion of the Building or the Premises. (6) Sublessee shall be done or performed by Sublessee with respect to the HMO Funding Facilitygive Sublessor, and Sublessee's obligations shall run to First Sublessor and HMO FundingLessor, Inc. as Sublessor may determine prompt notice of any damage to or defective condition in its sole discretion to be appropriate any part 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 appurtenance of the non-performanceBuilding's mechanical, non-observance electrical, plumbing, HVAC or non-payment of any of Sublessor's obligations under other systems serving, located in, or passing through the Master Lease which, as a result Premises. (7) Upon the expiration or earlier termination of this Sublease, became an obligation Sublessee shall return the Premises to Sublessor, First Sublessor and Lessor clean and in the same condition as of the date Sublessee took possession, except for normal wear and tear and for any previously approved reconfiguration. Any damage to the Premises, including any structural damage, resulting from Sublessee's use or from the removal of Sublessee. If Sublessee makes any payment to Sublessor pursuant to this indemnity's trade fixtures, Sublessee furnishings and equipment shall be subrogated to the rights of Sublessor concerning said payment. repaired by 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 Subleaseexpense.

Sublessee’s Obligations. WITH RESPECT TO THE MASTER LEASE. Sublessee covenants takes and accepts this Sublease, the Premises, the Right of Access and the Road subject to all of the terms and conditions of the Master Lease, and Sublessee shall observe and abide by all of the terms and conditions of the Master Lease as the same may reasonably be expected to apply to or affect the operation of the Facility or use of the Road. Notwithstanding anything that may be construed to the contrary in this Sublease, this Sublease does not and shall not grant to Sublessee any rights, interests or benefits greater than those provided to or permitted Sublessor under the Master Lease; and this Sublease, the Premises, the Right of Access and any other rights, benefits and interests granted or provided to Sublessee hereunder are and shall in all respects be limited by and taken subject to the terms, conditions and provisions of the Master Lease. Without limiting the generality of the foregoing, and notwithstanding anything that may be construed to the contrary in this Sublease: 9.4.1 Sublessee shall not take (or permit anyone acting on behalf or with permission of Sublessee to take) or fail to take (or permit anyone acting on behalf or with permission of Sublessee to fail to take) any action, where such action or failure would constitute a default under, or would be inconsistent with the terms and provisions of, the Master Lease; and Sublessee shall at all times comply with such terms and provisions. 9.4.2 In the event that any of the terms, conditions or obligations set forth in this Sublease are inconsistent with or contradict any of the terms, conditions or obligations set forth in the Master Lease, then this Sublease shall control over the Master Lease to the extent that this Sublease conveys fewer rights or benefits, or imposes greater limitations, requirements or obligations on a Party; otherwise the terms, conditions and obligations set forth in the Master Lease shall control. 9.4.3 Sublessee hereby assumes and agrees that to perform all obligations of Sublessor under the Master Lease shall be done that are applicable to, or performed by Sublessee with respect to the HMO Funding Facilitythat would bind Sublessor in connection with, 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 Premises or the passage operations or activities of time would be, a default Sublessee under this Sublease or in connection with 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 SubleaseFacility.