respectively; (ii) the Premises, to the extent only that its applies to the Sublease Premises, shall be deemed to refer to the Sublease Premises; (iii) the Term shall be deemed to refer to the Sublease Term (as defined herein); (iv) the Commencement Date shall be deemed to refer to the Sublease Commencement Date (as defined herein); (v) Base Rent shall be deemed to refer to the Base Rent due and payable by Subtenant under this Sublease; and (vi) the Lease or this Lease shall be deemed to refer to the Sublease. Any capitalized term not otherwise defined herein shall have the meaning set forth in the Prime Lease. As between Sublandlord and Subtenant only and provided it does not cause a default or breach under the Prime Lease, the express provisions of this Sublease shall control over any conflicting provisions of the Prime Lease, as incorporated herein. Notwithstanding anything to the contrary contained in this Sublease, nothing herein shall be deemed to amend the Prime Lease, and the rights granted to Subtenant hereunder will not exceed any rights granted to Sublandlord under the Prime Lease. Additionally, the incorporation of the terms and conditions of the Prime Lease into this Sublease is subject to the following exceptions, modifications and supplements:
(a) In addition to the other provisions of the Prime Lease which have been rendered inapplicable by the terms of this Sublease, the following provisions of the Prime Lease shall not be incorporated in the Sublease as between Sublandlord and Subtenant: Articles 3, 5, 10, 11, 12, 39 and 51 and Sections 1.1, 1.2, 1.3, 1.5, 1.6, 4.3, 13.4, 13.5; and Amendment No.1.
(b) From and after the date hereof and throughout the remainder of the Sublease Term, Subtenant assumes and agrees to perform all of the obligations of Sublandlord as Lessee under the Prime Lease with respect to the Sublease Premises, except as otherwise expressly provided herein. Subtenant shall comply with all of the requirements contained in the Prime Lease, including without limitation, the procurement of any and all consents required to be obtained from Prime Landlord from time to time pursuant to the terms of the Prime Lease. Notwithstanding any provisions in this Sublease to the contrary, Subtenant shall not commit or permit to be committed on the Sublease Premises any act or omission by Subtenant and those for whom Subtenant is responsible, which shall violate any terms or conditions of the Prime Lease, or which would cause the Prime Lease to be terminated.
(c) Sublandlord grants to Subtenant the right to receive all of the services and benefits with respect to the Sublease Premises which are to be provided by Prime Landlord under the Prime Lease. Notwithstanding the foregoing or anything contained in this Sublease to the contrary (including, without limitation, any provision of the Prime Lease incorporated in this Sublease by reference), Sublandlord shall have no obligation to (i) perform any services under this Sublease (including, without limitation, the providing of any water or any utilities); (ii) perform any maintenance or make any repairs or restorations (whether following a casualty or otherwise); (iii) comply with any laws or requirements of any governmental authorities; (iv) provide any insurance with respect to the Sublease Premises, the Premises, the Building or any improvements therein or thereon; and (v) take any other action that Prime Landlord is obligated to provide, make, comply with, or take, or cause to be done, under the Prime Lease (collectively, Services), and the only Services or rights to which Subtenant is entitled under this Sublease, including, without limitation, any right to repairs, replacements, water, utilities, heating, and air conditioning, are those to which Sublandlord is entitled as the Lessee under the Prime Lease, and for all Services, Subtenant will look solely to Prime Landlord. Performance by Prime Landlord under the Prime Lease shall be deemed and accepted by Subtenant as performance by Sublandlord under this Sublease. Sublandlord assumes no liability for any covenants, representations, or warranties made by Prime Landlord under the Prime Lease, and no representations or warranties of Prime Landlord in the Prime Lease shall be incorporated as representations or warranties of Sublandlord in this Sublease. Sublandlord shall take all reasonable steps to assist Subtenant as Subtenant may from time to time request, at Subtenants sole expense and without liability to Sublandlord, in seeking Services from Prime Landlord; provided that Subtenant indemnifies and reimburses Sublandlord as to any cost or expense incurred with respect thereto. Subject to Section 1.2(d) below, in no event, however, shall Sublandlord be required to commence or cooperate with any litigation against Prime Landlord or any agent, employee, or affiliate thereof. Nothing contained in this Sublease shall be deemed a waiver of Sublandlords rights to receive Services from Prime Landlord.