Existing Sublease. Landlord and Tenant acknowledge that Tenant is currently subleasing the Existing Premises pursuant to an occupancy agreement therefor (as may have been amended, otherwise modified and/or consented to in writing, collectively, the “Sublease Documentation”), which sublease is scheduled to expire upon the termination of the master lease for the Existing Premises (including any and all amendments thereto, the “Master Original Lease”) on October 31, 2012, and that it is not their intent with this Lease to modify any of the tenant’s rights or obligations under the Master Original Lease or the Sublease Documentation, including, without limitation, such tenant’s possessory interests in the Existing Premises as a tenant and a sublandlord pursuant to the terms of the Master Original Lease and the Sublease Documentation. Without limiting the generality of the foregoing, the parties specifically acknowledge and agree that, during the period between the Lease Date and the Existing Premises Commencement Date, Tenant’s only interests in the Existing Premises shall be as a subtenant pursuant to the Sublease Documentation, and as the holder of a right to become a tenant pursuant to the terms of this Lease. Accordingly, the parties further acknowledge that (a) any default beyond all applicable notice and cure periods by Tenant or Landlord under the Sublease Documentation or this Lease shall also be deemed a default beyond all applicable notice and cure periods by Tenant or Landlord, as applicable, under both this Lease and the Sublease Documentation, and such default beyond all applicable notice and cure periods shall be subject to the terms of this Lease in addition to the terms of the Sublease Documentation, and (b) Tenant shall not be obligated to vacate and surrender the Existing Premises under the Master Original Lease upon the termination of the Master Original Lease on October 31, 2012 (it being the intent of the parties that, subject to Landlord’s rights under the Sublease Documentation and hereunder, Tenant simply continue its occupancy under this Lease). Tenant hereby certifies and acknowledges to Landlord that, as of the date of the mutual execution of this Lease, to Tenant’s actual knowledge without duty of investigation or inquiry, that Tenant is not aware of any default by Landlord (including, without limitation, any notice of default, or any default in connection with any utilities and services provided by Landlord as of the Lease Date in connection with Tena...
Existing Sublease. As a condition precedent to the effectiveness of this Lease, Lessee shall have caused the termination of all existing subleases in the Premises, without any cost, expense or liability to Lessor and provided Lessor with reasonable evidence of that termination.
Existing Sublease. It is acknowledged that Lessee currently occupies the westerly 2,106 square feet of the premises under a Sublease dated June 16, 1993, which expires on April 30, 1995. Until Lessor's work under Section 29 is completed, lessee shall be allowed to continue to occupy this area of the premises at the rental set forth in said Sublease of $2,016,000 per month. The rent due hereunder will not commence until all of Lessor's work is completed and the entire premises are available for Lessee's occupancy.
Existing Sublease. Tenant currently occupies the Premises pursuant to that certain Sublease Agreement dated as of March 30, 2004, between Avaya, Inc., a Delaware corporation (“Avaya”), as sublandlord, and Tenant, as subtenant (the “Existing Sublease”), which Sublease Agreement was entered into pursuant to that certain Office Building Lease dated as of March 24, 2000, between Avaya, as tenant, and Landlord, as landlord. Tenant agrees that (i) the Existing Sublease shall, in accordance with its terms, expire as of the day before the Commencement Date of this Lease, and (ii) to Tenant’s knowledge, Avaya is not in default under the Existing Sublease, and Tenant has no defenses or offsets to the payment of rent and performance of its obligations under the Existing Sublease, and (iii) Tenant represents that Tenant is the rightful owner of the entire interest of the “subtenant” under the Existing Sublease, and that no other person or entity has any interest as “subtenant” under the Existing Sublease.
Existing Sublease. The existing Sub-Sublease Agreement dated as of May 31, 2001 by and between Sublessor and Sublessee (the “Existing Sub-Sublease Agreement”) is hereby terminated. Sublessee agrees to deliver to Sublessor on or before the Commencement Date, the second and third floor space that was the subject of said Existing Sub-Sublease Agreement (i) in broom clean condition, (ii) with all of Sublessee’s machinery, furniture, fixtures, and equipment, and hazardous materials removed from such space, and (iii) such space cleaned by Pass Janitorial Service. When so surrendered, the surrender obligations of Sublessee for such space as set forth in the existing sublease shall be deemed to have been performed in all required respects.
Existing Sublease. Tenant is currently an occupant of the Premises pursuant to that certain sub-sublease dated June 1, 1998 (the “Sub-sublease”), by and between Tenant and Emerald Ventures, Inc. The Sub-sublease is scheduled to expire on July 31, 2004. Tenant acknowledges and agrees that if the Sub-sublease or the existing lease or sublease of the Premises is terminated by Landlord as a result of a default by Tenant under the Sub-sublease, Landlord may elect to terminate this Lease. In the event of such termination, Tenant shall not be liable for damages under Section 15.B above, but Tenant shall reimburse Landlord for all costs and expenses incurred in connection with this Lease, including brokerage commissions.
Existing Sublease. Tenant is currently occupying the Premises pursuant to that certain Sublease, dated December xx, 2002 (the "Existing Sublease"), between Lucent Technologies, Inc., a Delaware corporation ("Lucent"), as "Sublandlord" and Tenant, as "Subtenant," as amended by that certain Acknowledgement of Exercise of Early Termination Option and Consent to Sublease, by and among Landlord, Lucent and Tenant, executed by Landlord on December 23, 2002 (the "Consent"). Pursuant to the terms of the Consent, the Existing Sublease constitutes a direct lease between Landlord and Tenant for the "Extended Sublease Term" (as defined in the Consent). The Extended Sublease Term expires on March 31, 2004. Immediately upon the expiration of the Extended Sublease Term, the Commencement Date shall occur and Tenant shall remain in the Premises under the terms of this Lease. As of the Commencement Date, Tenant shall accept the Premises for the Term in its then current "as-is" condition. Tenant further acknowledges that no representations as to the repair of the Premises, nor promises to alter, remodel or improve the Premises have been made by Landlord, except as expressly set forth in this Lease.
Existing Sublease. As of the date hereof Tenant is occupying the Premises pursuant to that certain Sublease dated November 13, 2020, between Tenant, as subtenant, and Xxxx Therapeutics, Inc., a Delaware corporation ("Xxxx"), as Sublandlord (the "Sublease"). The Sublease has been made subject to that certain Lease dated April 10, 2018 between Landlord, as landlord, and Xxxx, as tenant (the “Xxxx Lease”). The Sublease and Xxxx Lease are each scheduled to expire on September 30, 2025, and the Lease Commencement Date under this Lease shall occur immediately upon such termination and following such Lease Commencement Date Tenant’s occupancy of the Premises shall be governed by the terms of this Lease only (and not the Sublease). As Tenant is currently occupying the Premises, Landlord shall have no obligation to deliver the Premises to Tenant.
Existing Sublease. Landlord agrees that if the Master Lease (as defined in the Sublease) is terminated prior to its expiration for any reason other than a casualty or condemnation or a default by Tenant under the Sublease, then the Phase 2 Commencement Date shall occur concurrently with the occurrence of such termination. If the Master Lease (as defined in the Sublease) is terminated due to a casualty or condemnation, then the provisions of this Lease shall be deemed to apply as between Landlord and Tenant with respect to such casualty or condemnation as if both the Phase 1 Commencement Date and the Phase 2 Commencement Date had occurred as of the date of such casualty or condemnation (e.g., Landlord and Tenant will have the same restoration obligations and termination rights as to the entire Premises upon the occurrence of such casualty or condemnation affecting Phase 2).
Existing Sublease. Upon the Commencement Date, the parties acknowledge and agree that the Sublease dated September 24, 2002, entered into between the parties with respect to the Premises shall be deemed terminated and that the parties shall be released from any liabilities thereunder except to the extent those liabilities accrued prior to the Commencement Date.
