By Sublessee Sample Clauses

By Sublessee. Sublessee represents, warrants and/or covenants with the Sublessor as follows, which said warranties, representations and/or covenants are a material inducement for the Sublessor to enter into this Agreement: (a) Sublessee has and will during the term of this Sublease Agreement retain all necessary legal and corporate right, interest, title, power, and authority to enter into and perform all of its obligations and to grant all of the rights Sublessee granted in this Sublease Agreement, (b) This Agreement is enforceable against Sublessee in accordance with its terms (except to the extent that such enforcements may be subject to applicable bankruptcy, reorganization, insolvency, moratorium or similar laws of general application and except to the extent that the availability of equitable remedies including specific performance and injunctive relief may be subject to equitable defenses and the discretion of the court before which any proceeding therefore may be brought), and it has not and will not commit any act or enter into any agreement or understanding or assume any obligation with any party which is inconsistent or in conflict with or will present a conflict of interest with, this Agreement, any rights granted by Sublessee, or any of its obligations hereunder.
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By Sublessee. Sublessee represents and warrants to Sublessor that (i) Sublessee has not heretofore assigned or otherwise transferred any portion of its interest in the Sublease, or, except pursuant to the Sub-Sublease, sublet or granted occupancy rights to any portion of the Premises; (ii) except for the rights of Master Lessor as sub-sublessee under the Sub-Sublease, no other person, firm or entity claiming by, through or under Sublessee has any right, title or interest in or to the Sublease or, except for the rights of Master Lessor as sub-sublessee under the Sub-Sublease, the Premises; (iii) subject to obtaining Master Lessor's consent to this Amendment, Sublessee has the full right, legal power and actual authority to enter into this Amendment and to terminate the Sublease; (iv) as of the date hereof there are no, and as of both the Effective Date and the Sublease Termination Date there shall not be any, mechanic's liens or other liens encumbering all or any portion of the Sublease Premises by virtue of any act or omission on the part of Sublessee; (v) as of the date hereof there is not, and as of both the Effective Date and the Sublease Termination Date there shall not be, any breach or default on the part of Sublessee under the Sublease or any breach or default by either Sublessee or Master Lessor under the Sub-Sublease, and no event or condition which, with the giving of notice or passage of time or both, shall constitute a breach or default under the Sublease or the Sub- Sublease; (vi) subject to obtaining Master Lessor's consent to this Amendment, neither Sublessee's entry into nor its performance under this Amendment violates or otherwise contravenes any agreement to which Sublessee or Commerce One, Inc. is a party or any judgment, decree or order by which Sublessee or Commerce One, Inc. is bound; (vii) Commerce One, Inc. has timely and properly filed all forms, reports, prospectuses and documents required to be filed with the SEC since September 2001 (the "Commerce One, Inc. SEC Reports"), and has made true and correct copies thereof available to Sublessor except to the extent such reports are available online through the XXXXX filing system or to the extent that such reports or documents contained information for which confidentiality treatment was requested from the SEC; the Commerce One, Inc. SEC Reports (A) at the time they were filed, complied as to form in all material respects with the requirements federal securities laws, and (B) at the time they were...
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By Sublessee. Sublessee hereby agrees to indemnify and hold Sublessor, and the property and assets of Sublessor, harmless, from and against any and all liabilities, damages, losses, costs, expenses, attorneys' fees and claims arising out of, resulting from or related to any breach or default by Sublessee in the payment or performance of any of Sublessee's agreements, promises, undertakings, obligations, responsibilities and/or liabilities under and by reason of this Amendment, including specifically but not by way of limitation, Sublessee's failure to vacate the Premises or to make the Payment and/or otherwise to affect adversely Sublessor's efforts to perform its responsibilities and obligations respecting the Option.
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By Sublessee. Sublessee shall neither do, nor permit anything to be done, that could, after notice and failure to timely cure, if applicable, cause the Prime Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in Prime Lessor under the Prime Lease as a result of a “Tenant” default under the Prime Lease, and Sublessee shall defend, indemnify and hold Sublessor harmless from and against any and all liabilities, claims, suits, demands, judgments, costs, losses, interest and expenses (including, without being limited to, reasonable attorneys’ fees and expenses) of any kind whatsoever by reason of any breach or default on the part of Sublessee by reason of which the Prime Lease is or could be so terminated or forfeited. Sublessee covenants that Sublessee will not do anything that would constitute a default under the provisions of the Prime Lease or omit to do anything that Sublessee is obligated to do under the terms of this Sublease that would constitute a default under the Prime Lease.
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By Sublessee. Sublessee hereby agrees to indemnify, defend and hold ------------ harmless Sublessor and its Indemnitees from and against all Claims arising out of or caused by: (i) any breach of this Sublease by Sublessee; (ii) the negligence or intentional misconduct of Sublessee or its employees or contractors; (iii) use of the Cafeteria by any of the Sublessee Parties; or (iv) use of the 2831 Building or the Common Area by any of the Sublessee Parties during the Sublease Term.
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By Sublessee. Sublessee represents and warrants to Sublessor as of the Execution Date that: (a) Sublessee has read and reviewed the provisions of the attached. Master Lease; (b) Sublessee has the right and power to execute and deliver this Sublease and, subject to receipt of the BOD Consent (as defined below) to perform its obligations hereunder; (c) the person or persons executing this Sublease for Sublessee are fully authorized to so act and no other action is required to bind Sublessee to this Sublease; and (d) Sublessee is duly organized and in good standing in its state of formation and is authorized to conduct business in the state where the Premises are located.
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By Sublessee. Sublessee shall not sublease, assign, mortgage, pledge, hypothecate or encumber this Sublease or any of Sublessee’s interest hereunder without the prior written consent of Sublessor (which shall not be unreasonably withheld), Master Lessor, if so required, under the Master Lease, and Lender, if so required under the Loan Documents. Sublessee acknowledges that, if, pursuant to the Loan Documents, Sublessor is required to obtain Lender’s approval to a sublease, assignment or other transfer of Sublessee’s interest in the Sublease and that Sublessor’s disapproval shall be deemed reasonable if based on Lender’s disapproval.
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By Sublessee 
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Related to By Sublessee

  • Condition of Subleased Premises (a) Subtenant shall maintain and repair the Subleased Premises in a manner consistent with Sublandlord’s obligations under the Lease. Sublandlord shall have the right to enter the Subleased Premises from time to time upon reasonable prior notice to Subtenant, during normal business hours and escorted by Subtenant (if Subtenant makes such escort reasonably available). Sublandlord’s right of entry shall include the right of inspection to confirm that Subtenant is in compliance with all applicable maintenance and repair obligations set forth in the Lease. In the event that Sublandlord determines, in Sublandlord’s reasonable opinion, that Subtenant is in default of any maintenance and/or repair obligation set forth in the Lease, and such default may incur liability to Sublandlord upon the surrender of the Subleased Premises upon the expiration or earlier termination of the Lease (a “Required Repair Item”), then Sublandlord shall have the right to notify Subtenant of any such Required Repair Items. Subtenant shall be obligated to cure such Required Repair Items within thirty (30) days of such notice from Sublandlord, or, if such Required Repair Items cannot be reasonably completed in such thirty (30) day period, such longer period as reasonably necessary to cure such Required Repair Items, so long as Subtenant has commenced such cure and diligently pursues such cure to completion. In no event shall Sublandlord’s rights hereunder impose any additional and/or greater repair or maintenance standards from those set forth in the Lease. In the event Subtenant fails to cure such Required Repair Items as set forth above, then such failure shall be deemed a default under this Sublease, entitling Sublandlord to exercise any of its rights and remedies herein, including, without limitation, the self help rights set forth in Section 6(b) above. (b) Upon the expiration or earlier termination of this Sublease, Subtenant shall (i) return the Subleased Premises to Sublandlord in the condition required by the Lease, normal wear and tear and damage by casualty or condemnation excepted, and (ii) in accordance with the terms of the Lease, remove all personal property and equipment (other than fixtures but including trade fixtures) from the Subleased Premises required to be removed from the Subleased Premises in accordance with the Lease. Upon such expiration, Sublandlord and Subtenant shall schedule a walk-through of the Subleased Premises to determine whether Subtenant has complied with its obligation to surrender as set forth above. Sublandlord shall notify Subtenant of any perceived noncompliance at the time of the walk-through, or Sublandlord shall be estopped from attempting to charge Subtenant for the same at a later date. Sublandlord may forthwith re-enter the Subleased Premises following notice to Subtenant and repossess itself thereof and remove all persons and effects therefrom, using such force as may be reasonably necessary without being guilty of forcible entry, detainer, trespass or other tort. Subtenant’s obligation to observe or perform these covenants shall survive the expiration or other termination of the Sublease Term.

  • Lessee The related Lessee is a Person other than MBFS USA, any Affiliate thereof or a Governmental Authority and, at the time of origination of the 201[__]-[__] Lease, based on information provided by the Lessee, the Lessee is located in and has a billing address within a State.

  • Master Lease A. All the obligations contained in the Master Lease conferred and imposed upon Sublessor (as Tenant therein) shall be borne by Sublessor and Sublessee in accordance with the Sublessor's Percentage and the Sublessee's Percentage, respectively, except as modified and amended by this Sublease, and all rights and privileges contained in the Master Lease conferred upon Sublessor (as Tenant therein), are hereby conferred and imposed upon Sublessee, to the extent of Sublessee's Percentage. Sublessor covenants and agrees it will make payment of the rentals reserved under the Master Lease as and when due, will perform Sublessor's insurance obligations under the Master Lease, and will otherwise fully and faithfully perform the terms and conditions of the Master Lease with respect to the Sublessor's Percentage. Sublessee covenants and agrees to otherwise fully and faithfully perform the terms and conditions of the Master Lease and the Sublease on its part to be performed. Neither the Sublessor nor Sublessee shall do or cause to be done any act which would or might cause the Master Lease, or the rights of Sublessor as tenant under the Master Lease to be endangered, cancelled, terminated, forfeited or surrendered, or which would or might cause Sublessor to be in default thereunder or liable for any damage, claim or penalty. Sublessee agrees, as an express inducement for Sublessor executing this Sublease, that if there is any conflict between the provisions of the Master Lease and this Sublease which would permit Sublessee to do or cause to be done any act which is prohibited by the Master Lease then the provisions of the Master Lease shall prevail. B. Sublessee shall pay to Sublessor, within ten (10) days after demand therefor by Sublessor, Sublessee's Percentage of any and all sums (except fixed annual rent payable under the Master Lease) due pursuant to the Master Lease. Sublessor shall not demand such payment prior to the date which is thirty (30) days before the date any such sum shall be due and owing under the Master Lease. C. Notwithstanding anything to the contrary herein contained, Sublessor shall have no duty itself to perform any obligations of the Master Landlord, nor shall such default of the Master Landlord affect this Sublease or waive or defer the performance of any of Sublessee' s obligations hereunder; provided, nevertheless, that in the event of any such default or failure of performance by Master Landlord, Sublessor agrees, upon notice from Sublessee, to make immediate demand upon Master Landlord to perform its obligations under the Master Lease.

  • Tenant The complete name of every Tenant who will enter this lease with the intention of renting the Landlord’s property as a month-to-month rental is a necessary part of this document’s introduction.

  • Subleased Premises Sublandlord hereby subleases to Subtenant and Subtenant hereby subleases from Sublandlord for the term, at the rental, and upon all of the conditions set forth herein, the Subleased Premises.

  • LANDLORD The covenants and obligations contained in this Lease on the part of Landlord are binding on Landlord, its successors, and assigns only during their respective period of ownership of an interest in the Building. In the event of any transfer or transfers of such title to the Building, Landlord (and, in the case of any subsequent transfers or conveyances, the then grantor) shall be concurrently freed and relieved from and after the date of such transfer or conveyance, without any further instrument or agreement, of all liability with respect to the performance of any covenants or obligations on the part of Landlord contained in this Lease thereafter to be performed.

  • By Lessee Lessee shall indemnify the Lessor, the Lessor’s Representative, and their Board members, directors, officers, employees, agents and authorized volunteers (the “Lessor Indemnitees”) against and will hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization (collectively “Losses”) arising out of or in connection with the installation, operation or activities of Lessee, its agents, employees, subcontractors or invitees, provided for herein, whether or not there is concurrent passive or active negligence on the part of the Lessor Indemnitees for injury to or death of persons, including, but not limited to, employees of Lessee or Lessor, and damage or destruction of property, including, but not limited to, property of Lessee, any utility company or Lessor, or other loss or damage incurred by Lessor, but only to the extent caused by (A) the negligence, fraud or willful misconduct of Lessee, its agents, officers, directors, employees or contractors on or at the Premises or the Sites in connection with this Agreement or (B) the material breach by Lessee of any of its obligations under this Agreement, but excluding such actions, claims, damages to persons or property penalties, obligations or liabilities arising from the sole established negligence, fraud or willful misconduct of the Lessor, the Lessor’s Representative, or those who are directly responsible to them. In connection therewith: (a) Lessee will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorney's fees incurred in connection therewith; and (b) Lessee will promptly pay any judgment rendered against Lessee, and/or the Lessor Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such installation, operations, or activities of Lessee hereunder and Xxxxxx agrees to save and hold the Lessor Indemnitees harmless therefore. A. In the event the Lessor Indemnitees are made a party to any action or proceeding filed or prosecuted against Lessee for such damages or other claims arising out of or in connection with the installation, or operation or activities of Lessee hereunder, Xxxxxx agrees to pay to the Lessor Indemnitees any and all costs and expenses incurred by the Lessor Indemnitees in such action or proceeding together with reasonable attorney’s fees and expert witness fees and other litigation related expenses.

  • Lessor It is important that the full name of the Entity leasing the commercial space is reported as the Lessor.

  • By Lessor To the extent permitted by state and federal law and its charter or by-laws, Lessor shall forever protect, save and keep Lessee and its permitted successors and assigns harmless and indemnify Lessor against and from any and all claims, demands, losses, costs, damages, suits, judgments, penalties, expenses and liabilities or any kind or nature whatsoever, including reasonable attorneys' fees, arising directly or indirectly out of (i) the willful misconduct of Lessor, its agents or employees, in connection with the performance of this Agreement; (ii) any programming transmitted by Lessor during any of Lessor's Airtime.

  • By Tenant Tenant shall not sublet the Leased Premises or any portion thereof or assign its interest in this Lease, whether voluntarily or by operation of Law, without Landlord's prior written consent which shall not be unreasonably withheld. Any attempted subletting or assignment without Landlord's prior written consent, at Landlord's election, shall constitute a default by Tenant under the terms of this Lease. The acceptance of rent by Landlord from any person or entity other than Tenant, or the acceptance of rent by Landlord from Tenant with knowledge of a violation of the provisions of this paragraph, shall not be deemed to be a waiver by Landlord of any provision of this Article or this Lease or to be a consent to any subletting by Tenant or any assignment of Tenant's interest in this Lease. Without limiting the circumstances in which it may be reasonable for Landlord to withhold its consent to an assignment or subletting, Landlord and Tenant acknowledge that it shall be reasonable for Landlord to withhold its consent in the following instances: (a) the proposed assignee or sublessee is a governmental agency; (b) in Landlord's reasonable judgment, the use of the Leased Premises by the proposed assignee or sublessee would involve occupancy by other than for a Permitted Use, would entail any alterations which would lessen the value of the leasehold improvements in the Leased Premises, or would require increased services by Landlord; (c) in Landlord's reasonable judgment, the financial worth of the proposed assignee does not meet the credit standards applied by Landlord; (d) the proposed assignee or sublessee (or any of its affiliates) has been in material default under a lease, has been in litigation with a previous landlord, or in the ten years prior to the assignment or sublease has filed for bankruptcy protection, has been the subject of an involuntary bankruptcy, or has been adjudged insolvent; (e) Landlord has experienced a previous default by or is in litigation with the proposed assignee or sublessee; (f) in Landlord's reasonable judgment, the Leased Premises, or the relevant part thereof, will be used in a manner that will violate any negative covenant as to use contained in this Lease; (g) the use of the Leased Premises by the proposed assignee or sublessee will violate any applicable law, ordinance or regulation; (h) the proposed assignee or sublessee is, as of the date of this Lease, a tenant in the Building; (i) the proposed assignment or sublease fails to include all of the terms and provisions required to be included therein pursuant to this Article 7; (j) Tenant is in default of any obligation of Tenant under this Lease, or Tenant has defaulted under this Lease on three or more occasions during the 12 months preceding the date that Tenant shall request consent; or (k) in the case of a subletting of less than the entire Leased Premises, if the subletting would result in the division of the Leased Premises into more than three subparcels or would require improvements to be made outside of the Leased Premises.

Most Referenced Clauses

Most Referenced Definitions