Existing Subleases Clause Samples

Existing Subleases. Notwithstanding anything contained herein to the contrary, Lessor and Lessee acknowledge that there currently exist certain leases, subleases or licenses on the Leased Property, with annual rental payments in excess of Ten Million and No/100 Dollars ($10,000,000) as described on Exhibit C (collectively the “Existing Subleases”). Any material modifications, amendments and restatements of the Existing Subleases or any Tenant Lease hereafter entered into (but excluding renewals and extensions that do not otherwise materially modify or amend the relevant Existing Sublease or Tenant Lease) must be approved by Lessor in accordance with this Article XXIII.

Existing Subleases. “Exhibit C” is deleted in its entirety and replaced with Exhibit C attached hereto to reflect the Existing Leases relating to each Facility.

Existing Subleases. “Exhibit C” to the Lease shall be amended to add reference to those Existing Subleases identified on Exhibit C attached hereto.

Existing Subleases. (i) The parties acknowledge and agree that as of the date hereof Tenant has subleased Premises B under a sublease dated as of July 28, 2014 (the "PWC Sublease") between Tenant and PricewaterhouseCoopers PRTM ("PWC") for a term scheduled to expire on March 31, 2019 (the "PWC Expiration Date"). Landlord and Tenant agree that in the event the PWC Sublease is terminated due to a termination of the master lease between Landlord and PWC (the "PWC Lease") resulting from a default of PWC thereunder, then immediately upon such termination, the Premises B Commencement Date shall occur and thereafter Premises B shall be directly leased by Landlord to Tenant on the terms and conditions of this Lease for the remainder of the Term except that from such date of termination through the PWC Expiration Date (as defined above), the Annual Fixed Rent and Additional Rent and other costs and charges for Premises B shall be as set forth in the PWC Lease. In no event shall Landlord be (i) deemed to have assumed any obligations as sublandlord under the PWC Sublease, (ii) liable for the failure of PWC to perform its obligations under the PWC Sublease or under the PWC Lease, or (iii) liable for any security deposit paid by Tenant to PWC. Nothing herein shall be deemed to constitute a waiver by Tenant of any claim against PWC as a result of such a default by PWC. (ii) In addition, to the extent that there is a fire or casualty while the PWC Sublease is in effect, and as a result of such fire or casualty, PWC exercises any termination rights it may have under the PWC Lease, Premises B shall be added to the "Premises" as of the effective date of such termination on the terms and conditions of this Lease (except as expressly provided below), and in such event, Article VI of this Lease shall control as though Premises B were part of the Premises as of the date of such fire or casualty, including any abatement and termination rights; provided, however, with respect to Premises B, any period for notices due from Landlord under Article VI which is measured from the date of the casualty, and any period under Article VI which is measured from the date of the casualty, shall be instead measured from the date of addition of Premises B to the Premises hereunder; and provided further, that for the period from the addition of Premises B to the Premises pursuant to this Section 9.25(a) through the Premises B Commencement Date (as defined in Section 1.1 above), subject to any applicable abatement ri...

Existing Subleases. Notwithstanding anything contained herein to the contrary, Lessor and Lessee acknowledge that there currently exist certain leases or subleases on the Leased Property as described on Exhibit C (collectively the “Existing Subleases”). Any modifications, amendments and restatements of the Existing Subleases and any subleases hereafter entered into must be approved by Lessor in accordance with this Article XIX. Notwithstanding anything contained herein to the contrary, any proposed assignee of Lessee and any proposed Tenant must each have credit, financial, and operating characteristics that are equal to or stronger than Lessee.

Existing Subleases. The applicable Seller agrees to retain all obligations and liabilities in connection with each Existing Sublease, and in no event shall such Seller’s interest in each Existing Sublease be assigned or transferred, in whole or in part, to Purchaser, and Purchaser shall not (and does not) assume any responsibility, obligations or liabilities in connection with the Existing Subleases. For the avoidance of doubt, at all times during the term of each Existing Sublease, such Existing Sublease shall (i) remain an agreement between the applicable Seller (or Tenant) and the tenant thereunder, such that the obligations under such Existing Sublease (on the part of landlord or property owner) are and shall remain the obligations of the applicable Seller (or be obligations of Tenant) and (ii) be subject and subordinate to the terms of the Lease. The provisions of this Section 9.1.10 shall survive Closing.

Existing Subleases. Landlord and Applied Materials, Inc. (“AMAT”) entered into that certain Lease dated September 9, 1997 (the “AMAT Lease”) pursuant to which Landlord leased to AMAT all of the buildings in the Project, including the Buildings which comprise the Premises under this Lease. The term of the AMAT Lease with respect to such Buildings shall terminate on August 31, 2003 (i.e., the day before the Commencement Date under this Lease). AMAT and Tenant entered into that certain Sublease Agreement dated March 1999 (the “Proxim Sublease”), pursuant to which AMAT subleased a portion of the Premises consisting of Building A and Building B to Tenant for the remainder of the term of the AMAT Lease as it relates to Building A and Building B. AMAT and Vitria Technology, Inc., a California corporation (“Vitria”) entered into that certain Sublease Agreement dated April 6, 1999 (the “Vitria Sublease”), pursuant to which AMAT subleased the portion of the Premises consisting of Building C to Vitria for the remainder of the term of the AMAT Lease as it relates to Building C. Notwithstanding any provision herein to the contrary, this Lease shall automatically terminate in the event the Proxim Sublease terminates due to Tenant’s failure to timely perform its obligations under the Proxim Sublease and thereafter neither party shall have any further rights or obligations hereunder, except that Landlord shall be obligated to return to Tenant any Security Deposit funds previously delivered to Landlord in connection with this Lease.

Existing Subleases. “Exhibit C” is deleted in its entirety and replaced with Exhibit C attached hereto to reflect the Existing Subleases relating to each new CHS Facility (as defined below).