Common use of Head Lease Clause in Contracts

Head Lease. 21.1 The Parties acknowledge that this Sub-Lease is a “Sub-Lease”, that the Tenant is a “Sub-Tenant”, and that the Premises form a portion of the “Subleased Lands” within the meaning and definitions of the Head Lease, and the Parties agree that the definitions in the Head Lease shall apply to this Sub-Lease so far as the same are necessary, but not inconsistent with the terms of this Sub-Lease, to interpret the Tenant’s responsibilities and covenants under clause 21.2. 21.2 This Sub-Lease is expressly subject to the Head Lease and the Tenant covenants with the Landlord: (a) not to do or permit upon the Premises anything which is, or will result in, a contravention of any term of the Head Lease; (b) to provide to the Landlord upon request by the Landlord therefor from time to time any certificate required to be provided pursuant to the Head Lease; (c) to permit this Sub-Lease to be terminated by the Landlord in the event of a default by the Tenant after notice reasonably approximating the length of notice provided for in the Head Lease for a similar default; (d) that the Head Landlord has the right to manage and control the Campus and the Complementary Facilities and the Tenant will abide by all rules and regulations of the Head Landlord with respect to the same; (e) that the Head Landlord has the rights reserved in the Head Lease and this Sub-Lease is subject to such rights, including without limitation, the rights described in Article 17 thereof. 21.3 The Tenant acknowledges that the Landlord is required to obtain the consent of the Head Landlord to the grant of this Sub-Lease on the terms herein contained and that prior to granting its consent, the Head Landlord requires covenants in favour of the Head Landlord from the Tenant as provided in this Sub-Lease. The Tenant acknowledges the receipt of valuable consideration for such covenants made by the Tenant in favour of the Head Landlord by the giving of the consent of the Head Landlord to this Sub-Lease.

Appears in 2 contracts

Samples: Sub Lease (Combinatorx, Inc), Sub Lease (Chemokine Therapeutics Corp)

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Head Lease. 21.1 The Parties acknowledge that this Sub-Lease is Tenant confirms that it has received and reviewed a copy of the Head Lease. The Sub-Tenant agrees to be bound by all of the obligations of the Head Lease, that as if it were the Tenant is a “tenant under the Head Lease, and to perform all of the obligations of the Sub-Landlord as tenant under the Head Lease except for the payment of rent and additional rent therein. The Sub-Landlord has all the rights and remedies of the Head Landlord under the Head Lease in the manner and on the terms under the Head lease, in the event of default by Sub-Tenant, and that can enforce those rights and remedies against the Premises form a portion of Sub-Tenant, as if the “Subleased Lands” within Sub-Landlord were the meaning and definitions of landlord named in the Head Lease, and the Parties agree that Sub-Tenant were the definitions tenant named in the Head Lease shall apply to this Sub-Lease so far as the same are necessary, but not inconsistent with the terms of this Sub-Lease, to interpret the Tenant’s responsibilities and covenants under clause 21.2. 21.2 This Sub-Lease is expressly subject to the Head Lease and the Tenant covenants with the Landlord: (a) not to do or permit upon the Premises anything which isnecessary changes being made. Accordingly, or will result inall landlord rights, a contravention of any term of the Head Lease; (b) to provide to the Landlord upon request by the Landlord therefor from time to time any certificate required to be provided pursuant to the Head Lease; (c) to permit this Sub-Lease to be terminated by the Landlord in the event of a default by the Tenant after notice reasonably approximating the length of notice provided for in the Head Lease for a similar default; (d) that the Head Landlord has the right to manage and control the Campus and the Complementary Facilities and the Tenant will abide by all rules and regulations of the Head Landlord with respect to the same; (e) that the Head Landlord has the rights reserved in the Head Lease and this Sub-Lease is subject to such rightsTenant, including without limitation, the rights described and terms at Article XI (Remedies of Landlord on Tenant's Default) and Article XII (Events Terminating Lease) under the Head Lease shall be available to Sub-Landlord and those provisions and terms shall apply herein. The Sub-Tenant will not do or cause or permit to be done anything which causes the Head Lease or the rights of the Sub-Landlord as tenant under the Head Lease to be endangered or terminated, or which causes the Sub-Landlord to be in Article 17 thereof. 21.3 default under the Head Lease, or liable for any damage, claim or penalty under the Head Lease. The Sub-Tenant acknowledges that the Landlord is required has no rights in any options to obtain the consent of renew, or any similar rights or options granted by the Head Landlord to the grant of this Sub-Lease on the terms herein contained and that prior to granting its consent, Landlord under the Head Landlord requires covenants in favour of the Head Landlord from the Tenant as provided in this Sub-Lease. The Tenant acknowledges the receipt of valuable consideration for such covenants made by the Tenant in favour of the Head Landlord by the giving of the consent of the Head Landlord to this Sub-Lease.

Appears in 1 contract

Samples: Sublease (Transformation Processing Inc)

Head Lease. 21.1 19.1 The Parties acknowledge that this Sub-Lease Lessee is a “Sub-Lease”, that the Tenant is a “Sub-Tenant”, and that the Premises form a portion cognizant of the “Subleased Lands” within the meaning terms and definitions conditions of the Head Lease, and hereby covenants and agrees that its use and occupancy of the Parties agree that Initials: ______/______/__________ Lessor/Lessee/Indemnifer Premises hereunder shall be subject to all the definitions provisions of the Head Lease and that, subject to all the terms of this Lease, it will not do or omit to do or permit to be done or omitted to be done any act or thing over which the Lessee has control if such act, thing or omission would constitute a breach of any covenant in the Head Lease shall apply on the part of the Lessor to this Sub-Lease so far as the same are necessarybe performed and observed; if for any reason, but not inconsistent with the terms of this Sub-Lease, to interpret the Tenant’s responsibilities and covenants under clause 21.2. 21.2 This Sub-Lease is expressly subject to the Head Lease and shall at any time be terminated, the Tenant covenants with Lessee shall not have or make any claim or demand in respect thereof against the Landlord: (a) not Lessor, except to do or permit upon the Premises anything which is, or will result in, a contravention extent that the Lessee shall establish that such termination shall have arisen by reason of any term the default of the Lessor under the provisions of the Head Lease;. (b) 19.2 The Lessor herein shall do its utmost to provide to the Landlord upon request ensure, by the Landlord therefor from time to time any certificate required to be provided pursuant to the Head Lease; (c) to permit this Sub-Lease to be terminated by the Landlord in the event institution of a default by the Tenant after notice reasonably approximating the length of notice provided for in legal proceedings if and whenever required, that the Head Lease for a similar default; (d) shall remain in full force and effect and that the Head Landlord has Lessor thereunder shall fulfill all of its obligations with a view that the right to manage and control the Campus and the Complementary Facilities and the Tenant will abide by all rules and regulations rights of the Head Landlord with respect to the same; (e) that the Head Landlord has the rights reserved in the Head Lease and this Sub-Lease is subject to such rights, including without limitation, the rights described in Article 17 thereofLessee herein be adequately protected. 21.3 19.3 The Tenant acknowledges that the Landlord is required to obtain Lessor shall not require the consent of the Lessee to amend the Head Landlord to the grant of this Sub-Lease on the terms herein contained and that prior to granting its consentLease, the Head Landlord requires Lessee waiving hereby any right it may have to give any such consent or consents, provided that such amendment does not impose any increased obligation o0n the Lessee or diminish any of his rights. 19.4 The Lessee covenants in favour and agrees that the provisions of Clause 43 of the Head Landlord from the Tenant as provided in Lease are hereby incorporated into this Sub-Lease. The Tenant acknowledges the receipt of valuable consideration for such covenants made by the Tenant in favour of the Head Landlord by the giving of the consent of the Head Landlord to this Sub-Lease.

Appears in 1 contract

Samples: Lease Agreement (Icon Health & Fitness Inc)

Head Lease. 21.1 The Parties Sub-Sublandlord and the Sub-Subtenant acknowledge and agree that the Head Lease held by Landlord is conferred and imposed upon the Sublandlord (as tenant therein) and hereby conferred and imposed upon the Sub-Sublandlord and Sub-Subtenant. If there is any conflict between the provision of this Sub-Sublease and the provision of the Head Lease is a “which would permit the Sub-Lease”, that the Tenant Subtenant to do or cause to be done or suffer or permit any act or thing to be done which is a “Sub-Tenant”, and that the Premises form a portion of the “Subleased Lands” within the meaning and definitions of prohibited by the Head Lease, and then the Parties agree that the definitions in provisions of the Head Lease shall apply prevail. Notwithstanding anything to the contrary in this Sub-Sublease, the rights which the Sub-Subtenant is granted by virtue of the Head Lease so far as shall exist only against the same are necessary, but Head Landlord and Sub-Sublandlord and Sublandlord shall not inconsistent with be in default under this Sub-Sublease for failure to render services or perform obligations required of Sub-Sublandlord and Sublandlord by the terms of this Sub-Lease, to interpret Sublease which are the Tenant’s responsibilities and covenants under clause 21.2. 21.2 This Sub-Lease is expressly subject to the Head Lease and the Tenant covenants with the Landlord: (a) not to do or permit upon the Premises anything which is, or will result in, a contravention of any term of the Head Lease; (b) to provide to the Landlord upon request by the Landlord therefor from time to time any certificate required to be provided pursuant to the Head Lease; (c) to permit this Sub-Lease to be terminated by the Landlord in the event of a default by the Tenant after notice reasonably approximating the length of notice provided for in the Head Lease for a similar default; (d) that the Head Landlord has the right to manage and control the Campus and the Complementary Facilities and the Tenant will abide by all rules and regulations responsibility of the Head Landlord with respect to the same; (e) that under the Head Landlord has Lease. In the rights reserved in event of any default or failure of performance by the Head Lease and this Landlord, the Sub-Lease is subject Sublandlord agrees upon notice from the Sub-Subtenant, to such rights, including without limitation, the rights described in Article 17 thereof. 21.3 The Tenant acknowledges that the Landlord is required to obtain the consent of make a demand upon the Head Landlord to perform its obligations under the grant of this Head Lease, provided, however, Sub-Lease on Sublandlord shall not be required to bring legal action against the Head Landlord. This Sub-Sublease is subject to the terms herein contained and that prior conditions of the Consent. The Sub-Sublandlord shall pay all fees to granting its consent, the Head Landlord requires covenants in favour of Landlord's for delivering the Head Landlord from the Tenant as provided in this Sub-Lease. The Tenant acknowledges the receipt of valuable consideration for such covenants made by the Tenant in favour of the Head Landlord by the giving of the consent of the Head Landlord to this Sub-LeaseConsent.

Appears in 1 contract

Samples: Sub Sublease (OccuLogix, Inc.)

Head Lease. 21.1 The Parties acknowledge that this Sub-Lease is a "Sub-Lease", that the Tenant is a "Sub-Tenant", and that the Premises form a portion of the "Subleased Lands" within the meaning and definitions of the Head Lease, and the Parties agree that the definitions in the Head Lease shall apply to this Sub-Lease so far as the same are necessary, but not inconsistent with the terms of this Sub-Lease, to interpret the Tenant’s 's responsibilities and covenants under clause 21.2. 21.2 This Sub-Lease is expressly subject to the Head Lease and the Tenant covenants with the Landlord: (a) not to do or permit upon the Premises anything which is, or will result in, a contravention of any term of the Head Lease; (b) to provide to the Landlord upon request by the Landlord therefor from time to time any certificate required to be provided pursuant to the Head Lease; (c) to permit this Sub-Lease to be terminated by the Landlord in the event of a default by the Tenant after notice reasonably approximating the length of notice provided for in the Head Lease for a similar default; (d) that the Head Landlord has the right to manage and control the Campus and the Complementary Facilities and the Tenant will abide by all rules and regulations of the Head Landlord with respect to the same; (e) that the Head Landlord has the rights reserved in the Head Lease and this Sub-Lease is subject to such rights, including without limitation, the rights described in Article 17 thereof. 21.3 The Tenant acknowledges that the Landlord is required to obtain the consent of the Head Landlord to the grant of this Sub-Lease on the terms herein contained and that prior to granting its consent, the Head Landlord requires covenants in favour of the Head Landlord from the Tenant as provided in this Sub-Lease. The Tenant acknowledges the receipt of valuable consideration for such covenants made by the Tenant in favour of the Head Landlord by the giving of the consent of the Head Landlord to this Sub-Lease.

Appears in 1 contract

Samples: Sub Lease (Chemokine Therapeutics Corp)

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Head Lease. 21.1 The Parties acknowledge that this Sub-(a) Enserch Holdings has the power to convey to the Grantor Trustee all right, title and interest Enserch Holdings has in the Production System and every part thereof under all Governmental Rules; the Head Lease is a “Sub-Lease”effective to convey all such rights and interests in accordance with the terms thereof; and, that assuming the Tenant filings contemplated by Section 5.7 are made, such conveyance is a “Sub-Tenant”effective against third parties. (b) Enserch Exploration has the power to make an effective conveyance to the Grantor Trustee of all right, title and that interest of Enserch Exploration in the Premises form a portion Production System and every part thereof (other than the Satellite Template) under all Governmental Rules; the provisions of Section 2 of the “Subleased Lands” within the meaning Assignment and definitions of Assumption and Security Agreement, taken together with the Head Lease, are effective to convey all rights and the Parties agree that the definitions interests of Enserch Exploration, in the Head Lease shall apply to this Sub-Lease so far as the same are necessary, but not inconsistent accordance with the terms of this Sub-Leasethereof; and, to interpret assuming the Tenant’s responsibilities and covenants under clause 21.2filings contemplated by Section 5.7 are made, such conveyance is effective against third parties. 21.2 This Sub-Lease is expressly subject to the Head Lease and the Tenant covenants with the Landlord: (a) not to do or permit upon the Premises anything which is, or will result in, a contravention of any term of the Head Lease; (b) to provide to the Landlord upon request by the Landlord therefor from time to time any certificate required to be provided pursuant to the Head Lease; (c) Enserch Exploration has the power to permit this Sub-Lease convey to be terminated by the Landlord Grantor Trustee all rights and interests of Enserch Exploration in the event of Satellite Template under a default by the Tenant after notice reasonably approximating the length of notice provided for in 99 year lease such as the Head Lease for a similar default; (d) provided that the Head Landlord has the right Enserch Exploration does not purport to manage and control the Campus and the Complementary Facilities and the Tenant will abide by all rules and regulations of the Head Landlord with respect convey record title to the same; Satellite Template and, assuming the filings contemplated by Section 5.7 are made, such conveyance is enforceable against all third parties. NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR IN ANY OTHER OPERATIVE DOCUMENT, THE LESSEE DOES NOT MAKE NOR SHALL THE LESSEE BE DEEMED TO HAVE MADE, AND THE LESSEE HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY (e) that the Head Landlord has the rights reserved in the Head Lease and this Sub-Lease is subject to such rightsOTHER THAN THOSE MADE IN THIS SECTION, including without limitationIN ANY OFFICER'S CERTIFICATE OF THE LESSEE OR EXPRESSLY MADE IN ANY OTHER OPERATIVE DOCUMENT), the rights described in Article 17 thereofEITHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF THE PRODUCTION SYSTEM OR ANY PART THEREOF, THE MERCHANTABILITY THEREOF OR THE FITNESS THEREOF FOR ANY PARTICULAR PURPOSE, THE ABILITY OF THE PRODUCTION SYSTEM TO PERFORM ANY FUNCTION, THE QUALITY OF THE MATERIALS OR WORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR THE PRESENCE OR ABSENCE OF ANY LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE; PROVIDED THAT THE FOREGOING SHALL NOT EXCUSE THE PERFORMANCE BY THE LESSEE OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR ANY OTHER OPERATIVE DOCUMENT. 21.3 The Tenant acknowledges that the Landlord is required to obtain the consent of the Head Landlord to the grant of this Sub-Lease on the terms herein contained and that prior to granting its consent, the Head Landlord requires covenants in favour of the Head Landlord from the Tenant as provided in this Sub-Lease. The Tenant acknowledges the receipt of valuable consideration for such covenants made by the Tenant in favour of the Head Landlord by the giving of the consent of the Head Landlord to this Sub-Lease.

Appears in 1 contract

Samples: Participation Agreement (Lone Star Energy Plant Operations Inc)

Head Lease. 21.1 The Parties acknowledge that this Sub-(a) Enserch Holdings has the power to convey to the Grantor Trustee all right, title and interest Enserch Holdings has in the Production System and every part thereof under all Governmental Rules; the Head Lease is a “Sub-Lease”effective to convey all such rights and interests in accordance with the terms thereof; and, that assuming the Tenant filings contemplated by Section 5.7 are made, such conveyance is a “Sub-Tenant”effective against third parties. (b) Enserch Exploration has the power to make an effective conveyance to the Grantor Trustee of all right, title and that interest of Enserch Exploration in the Premises form a portion Production System and every part thereof (other than the Satellite Template) under all Governmental Rules; the provisions of Section 2 of the “Subleased Lands” within the meaning Assignment and definitions of Assumption and Security Agreement, taken together with the Head Lease, are effective to convey all rights and the Parties agree that the definitions interests of Enserch Exploration, in the Head Lease shall apply to this Sub-Lease so far as the same are necessary, but not inconsistent accordance with the terms of this Sub-Leasethereof; and, to interpret assuming the Tenant’s responsibilities and covenants under clause 21.2filings contemplated by Section 5.7 are made, such conveyance is effective against third parties. 21.2 This Sub-Lease is expressly subject to the Head Lease and the Tenant covenants with the Landlord: (a) not to do or permit upon the Premises anything which is, or will result in, a contravention of any term of the Head Lease; (b) to provide to the Landlord upon request by the Landlord therefor from time to time any certificate required to be provided pursuant to the Head Lease; (c) Enserch Exploration has the power to permit this Sub-Lease convey to be terminated by the Landlord Grantor Trustee all rights and interests of Enserch Exploration in the event of Satellite Template under a default by the Tenant after notice reasonably approximating the length of notice provided for in 99 year lease such as the Head Lease for a similar default; (d) provided that the Head Landlord has the right Enserch Exploration does not purport to manage and control the Campus and the Complementary Facilities and the Tenant will abide by all rules and regulations of the Head Landlord with respect convey record title to the same; Satellite Template and, assuming the filings contemplated by Section 5.7 are made, such conveyance is enforceable against all third parties. NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR IN ANY OTHER OPERATIVE DOCUMENT, THE LESSEE DOES NOT MAKE NOR SHALL THE LESSEE BE DEEMED TO HAVE MADE, AND THE LESSEE HEREBY DISCLAIMS, ANY REPRESENTATION OR WARRANTY (e) that the Head Landlord has the rights reserved in the Head Lease and this Sub-Lease is subject to such rightsOTHER THAN THOSE MADE IN THIS SECTION, including without limitationIN ANY OFFICER'S CERTIFICATE OF THE LESSEE OR EXPRESSLY MADE IN ANY OTHER OPERATIVE DOCUMENT), the rights described in Article 17 thereofEITHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF THE PRODUCTION SYSTEM OR ANY PART THEREOF, THE MERCHANTABILITY THEREOF OR THE FITNESS THEREOF FOR ANY PARTICULAR PURPOSE, THE ABILITY OF THE PRODUCTION SYSTEM TO PERFORM ANY FUNCTION, THE QUALITY OF THE MATERIALS OR WORKMANSHIP THEREOF OR CONFORMITY THEREOF TO SPECIFICATIONS, OR THE PRESENCE OR ABSENCE OF ANY LATENT OR OTHER DEFECTS, WHETHER FOR NOT DISCOVERABLE; PROVIDED THAT THE FOREGOING SHALL NOT EXCUSE THE PERFORMANCE BY THE LESSEE OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR ANY OTHER OPERATIVE DOCUMENT. 21.3 The Tenant acknowledges that the Landlord is required to obtain the consent of the Head Landlord to the grant of this Sub-Lease on the terms herein contained and that prior to granting its consent, the Head Landlord requires covenants in favour of the Head Landlord from the Tenant as provided in this Sub-Lease. The Tenant acknowledges the receipt of valuable consideration for such covenants made by the Tenant in favour of the Head Landlord by the giving of the consent of the Head Landlord to this Sub-Lease.

Appears in 1 contract

Samples: Participation Agreement (Newfield Exploration Co /De/)

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