Common use of Incorporation of Main Lease Clause in Contracts

Incorporation of Main Lease. Insofar as the provisions of the Main Lease do not conflict with the specific provisions of this Sublease, they and each of them are incorporated into this Sublease as if fully completely rewritten herein, and Sublessee agrees to be bound to the Sublessor by all the terms of the Main Lease and to assume towards Sublessor and perform all the obligations and responsibilities accruing from and after the commencement date of the term of this Sublease that Sublessor, by the Main Lease, assumes towards the Landlord, except for the payment of rent by Sublessee to Sublessor, which is governed by Paragraph 4 herein. Terms not defined in this Sublease shall have the meanings given such terms in the Main Lease. Sublessee agrees to look solely to Landlord for any and all remedies it may seek for any damages of any kind related to the Main Lease, except as expressly provided in this Sublease; provided, however, the foregoing shall not impair Sublessee's right to seek any remedies it may have against Sublessor due to Sublessor's breach of this Sublease. Sublessor shall have no liability to Sublessee for any wrongful action or default on the part of Landlord pursuant to the terms of the Main Lease, and Sublessee hereby agrees to look solely to Landlord in event of any such wrongful action or default; provided, however, that Sublessor shall not do anything nor permit anything to be done that would cause the Main Lease to be terminated or forfeited because of any right of termination or forfeiture reserved or vested in Landlord, Sublessor, or any other party under the Main Lease. Sublessor will indemnify and hold Sublessee harmless from and against all liabilities and claims of any kind (i) arising out of or relating to the Tenant's obligations under the Main Lease accruing on or prior to the commencement date of the term of this Sublease, or (ii) by reason of any breach or default under the Main Lease that is caused by any act or omission on the part of Sublessor, its employees, agents or contractors by reason of which the Main Lease may be terminated or forfeited. All of the parties hereto agree that, notwithstanding any default under the Main Lease by Landlord, Sublessor, or any other parties under the Main Lease, Sublessor will not disturb Sublessee's quiet possession of the Premises throughout the term of this Sublease so long as Sublessee is not in default of its rental payments to Landlord pursuant to this Sublease. Specifically, and without limiting the generality of the foregoing, Sublessor shall not exercise its right to terminate the Main Lease pursuant to Section I.B. of the Main Lease. Sublessor's indemnity and other obligations pursuant to this section shall survive the expiration or termination of the Main Lease and this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Netpliance Inc)

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Incorporation of Main Lease. Insofar a. Subtenant acknowledges that it has had a complete opportunity to review the Main Lease. Except as otherwise expressly provided in this Sublease, the provisions of the Main Lease do not conflict are incorporated into and made a part of this Sublease as they relate to the Premises and also to the Building and any land on which the Building is located (the “Land” and, together with the specific Building, the “Property”) which serve or are available to occupants of the Premises. The provisions of this Sublease, they and each of them the Main Lease which are so incorporated into this Sublease as if fully completely rewritten herein, and Sublessee agrees to be bound pursuant to the Sublessor by all the terms of preceding sentence shall, coincident with their incorporation, be amended so that references in the Main Lease to “Landlord” and “Tenant” shall be deemed to assume towards Sublessor refer in this Sublease to Tenant and Subtenant, respectively, unless the context indicates that such amendment should not be made or such amendment would have an illogical effect on the provision being so amended. All uses of the term “Sublease” in this Sublease shall be regarded as referring to this Sublease, into which the Main Lease has been so incorporated. Subtenant hereby covenants to Tenant and, if Landlord has consented to this Sublease, to Landlord that, except as may be otherwise expressly provided in this Sublease, Subtenant assumes, is bound by, shall comply with, and shall faithfully perform all of the obligations of Tenant (as tenant) under the Main Lease with respect to the Premises and responsibilities accruing those Common Areas of the Building used by Subtenant from and after the commencement date of the term of Commencement Date. The relationship between, and rights of, Subtenant and Tenant shall, except as may be otherwise expressly provided in this Sublease that SublessorSublease, be governed by the Main Lease, assumes towards the Landlordand, except for the payment of rent by Sublessee to Sublessor, which is governed by Paragraph 4 herein. Terms not defined in this Sublease shall have the meanings given such terms in the Main Lease. Sublessee agrees to look solely to Landlord for any and all remedies it may seek for any damages of any kind related to the Main Lease, except as expressly provided in this Sublease; provided, however, the foregoing shall not impair Sublessee's right to seek any remedies it may have against Sublessor due to Sublessor's breach of this Sublease. Sublessor shall have no liability to Sublessee for any wrongful action or default on the part of Landlord pursuant to the terms of the Main Lease, and Sublessee hereby agrees to look solely to Landlord in event of any such wrongful action or default; provided, however, that Sublessor shall not do anything nor permit anything to be done that would cause the Main Lease to be terminated or forfeited because of any right of termination or forfeiture reserved or vested in Landlord, Sublessor, or any other party under the Main Lease. Sublessor will indemnify and hold Sublessee harmless from and against all liabilities and claims of any kind (i) arising out of or relating to the Tenant's obligations under the Main Lease accruing on or prior to the commencement date of the term of this Sublease, or (ii) by reason of any breach or default under the Main Lease that is caused by any act or omission on the part of Sublessor, its employees, agents or contractors by reason of which the Main Lease may be terminated or forfeited. All of the parties hereto agree that, notwithstanding any default under the Main Lease by Landlord, Sublessor, or any other parties under the Main Lease, Sublessor will not disturb Sublessee's quiet possession of the Premises throughout the term of this Sublease so long as Sublessee is not in default of its rental payments to Landlord pursuant to this Sublease. Specifically, and without limiting the generality of the foregoing, Sublessor Tenant shall not exercise its right to terminate the Main Lease pursuant to Section I.B. have all of the Main Lease. Sublessor's indemnity and other obligations pursuant rights granted to this section shall survive the expiration or termination of Landlord under the Main Lease and be entitled to exercise such rights with respect to the enforcement of the provisions of this Sublease and the termination of this Sublease.

Appears in 1 contract

Samples: Subtenant Improvements Agreement (NewStar Financial, Inc.)

Incorporation of Main Lease. Insofar as Except to the provisions extent inconsistent with or modified by the terms and conditions of this Sublease, all terms and conditions of the Main Lease do not conflict with the specific provisions of this Sublease, they and each of them are hereby incorporated into this Sublease and shall govern Sublessee's use and occupancy of the Premises and its rights, obligations and liabilities with respect thereto, in the same manner as if fully completely rewritten herein, Sublessee were the Tenant and Sublessee agrees to be bound to Sublessor were the Sublessor by all the terms of the Main Lease and to assume towards Sublessor and perform all the obligations and responsibilities accruing from and after the commencement date of the term of this Sublease that Sublessor, by Landlord under the Main Lease, assumes towards and the Landlord, except for Sublease Term were the payment of rent by Sublessee to Sublessor, which is governed by Paragraph 4 herein. Terms not defined in this Sublease shall have the meanings given such terms in term under the Main Lease. : PROVIDED, HOWEVER, that Sublessor shall not be obligated to pay for or provide any services to Sublessee agrees or to look solely or for the benefit of the Premises, or to repair or maintain the Premises or to pay for or perform the obligations of Landlord for any and all remedies it may seek for any damages of any kind related to under the Main Lease, except as expressly provided in this Sublease; providedand whenever the obligations of Sublessor to Sublessee hereunder derive from the obligations of Landlord to Sublessor (including, howeverwithout limitation, any consent or approval of Landlord or the provision of any services by Landlord under the Main Lease), the foregoing shall not impair Sublessee's right to seek any remedies it may have against Sublessor due to Sublessor's breach sole obligation of this Sublease. Sublessor shall have no liability be to Sublessee for any wrongful use reasonably diligent efforts to obtain appropriate action or default on the part of Landlord pursuant (or omission to take action) in accordance with the terms of the Main Lease, and Sublessee hereby agrees to look solely to Landlord in event of any such wrongful action or default; provided, however, that but Sublessor shall not do anything nor permit anything be liable to be done that would cause the Main Lease Sublessee if it fails to be terminated obtain such consent or forfeited because of approval or if Landlord takes any right of termination action or forfeiture reserved or vested in Landlordfails to take such appropriate action. However, Sublessor, or any other party under the Main Lease. Sublessor will indemnify and hold Sublessee harmless from and against all liabilities and claims of any kind (i) arising out of or relating to the Tenant's obligations if Landlord defaults under the Main Lease accruing on or prior Sublessee shall have the right to the commencement date avail itself of the term "Right of this Sublease, or (ii) by reason Self Help" as set forth in Section 14.4 of any breach or default under the Main Lease that is caused by any act or omission on (except that, in accordance with Section 1(h) hereof, the part parenthetical at the end of Sublessor, its employees, agents or contractors by reason Section 14.4 of which the Main Lease may shall be terminated or forfeiteddeemed deleted and shall not apply with respect to Sublessee). All of the parties hereto agree that, notwithstanding any default under the Main Lease by Landlord, Sublessor, or any other parties under the Main Lease, Sublessor will not disturb Sublessee's quiet possession of the Premises throughout the term of this Sublease so long as Sublessee is not in default of its rental payments Subject to Landlord pursuant to this Sublease. Specifically, and without limiting the generality of the foregoing, Sublessor and Sublessee each shall not exercise its right to terminate comply with and perform the Main Lease pursuant to Section I.B. of the Main Lease. Sublessor's indemnity terms and other obligations pursuant to this section shall survive the expiration or termination provisions of the Main Lease as if they were Landlord and this Sublease.Tenant, respectively, thereunder, to the extent the same are not inconsistent with or modified by the terms and provisions

Appears in 1 contract

Samples: Picturetel Corp

Incorporation of Main Lease. Insofar a. Subtenant acknowledges that it has been provided both a copy of the Main Lease and an opportunity to review the Main Lease. Except as otherwise expressly provided in this Sublease, the provisions of the Main Lease do not conflict are incorporated into and made a part of this Sublease as they relate to the Subleased Premises and also to the Building and any land on which the Building is located (the “Land” and, together with the specific Building, the “Property”) which serve or are available to occupants of the Subleased Premises. The provisions of the Main Lease which are so incorporated into this Sublease pursuant to the preceding sentence shall, coincident with their incorporation, be amended so that references in the Main Lease to “Landlord” and “Tenant” shall be deemed to refer to Tenant and Subtenant respectively, all references to the “Premises” in the Main Lease shall be deemed references to the Subleased Premises herein, all references to the 2 Saucony/SeaChange Sublease Agreement [***] Confidential treatment has been requested. term of the Main Lease shall be deemed references to the Term of this Sublease, they and each unless the context indicates that such amendment should not be made or such amendment would have an illogical effect on the provision being so amended. All uses of them are incorporated into the term “Sublease” in this Sublease shall be regarded as if fully completely rewritten hereinreferring to this Sublease, into which the Main Lease has been so incorporated. Subtenant hereby covenants to Tenant that, except as may be otherwise expressly provided in this Sublease, Subtenant shall comply with, and Sublessee agrees to be bound to shall faithfully perform all of the Sublessor by all the terms obligations of the Main Lease with respect to the Subleased Premises (and the Building and Common Areas, to assume towards Sublessor and perform all the obligations and responsibilities accruing from and extent applicable) arising on or after the commencement Early Access Date and relating to the periods after the date of thereof to the term of extent that the same are not modified or amended by this Sublease that SublessorSublease. The relationship between, and rights of, Subtenant and Tenant shall, except as may be otherwise expressly provided in this Sublease, be governed by the Main Lease, assumes towards the Landlordand, except for the payment of rent by Sublessee to Sublessor, which is governed by Paragraph 4 herein. Terms not defined in this Sublease shall have the meanings given such terms in the Main Lease. Sublessee agrees to look solely to Landlord for any and all remedies it may seek for any damages of any kind related to the Main Lease, except as expressly provided in this Sublease; provided, however, the foregoing shall not impair Sublessee's right to seek any remedies it may have against Sublessor due to Sublessor's breach of this Sublease. Sublessor shall have no liability to Sublessee for any wrongful action or default on the part of Landlord pursuant to the terms of the Main Lease, and Sublessee hereby agrees to look solely to Landlord in event of any such wrongful action or default; provided, however, that Sublessor shall not do anything nor permit anything to be done that would cause the Main Lease to be terminated or forfeited because of any right of termination or forfeiture reserved or vested in Landlord, Sublessor, or any other party under the Main Lease. Sublessor will indemnify and hold Sublessee harmless from and against all liabilities and claims of any kind (i) arising out of or relating to the Tenant's obligations under the Main Lease accruing on or prior to the commencement date of the term of this Sublease, or (ii) by reason of any breach or default under the Main Lease that is caused by any act or omission on the part of Sublessor, its employees, agents or contractors by reason of which the Main Lease may be terminated or forfeited. All of the parties hereto agree that, notwithstanding any default under the Main Lease by Landlord, Sublessor, or any other parties under the Main Lease, Sublessor will not disturb Sublessee's quiet possession of the Premises throughout the term of this Sublease so long as Sublessee is not in default of its rental payments to Landlord pursuant to this Sublease. Specifically, and without limiting the generality of the foregoing, Sublessor Tenant shall not exercise its right to terminate the Main Lease pursuant to Section I.B. have all of the Main Lease. Sublessor's indemnity and other obligations pursuant rights granted to this section shall survive the expiration or termination of Landlord under the Main Lease and be entitled to exercise such rights with respect to the enforcement of the provisions of this Sublease and Subtenant shall have all of the rights granted to Tenant with respect to the Subleased Premises under the Main Lease and be entitled to exercise such rights with respect to the enforcement of the provisions of this Sublease, except as set forth in subsection b below or as otherwise set forth in this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Seachange International Inc)

Incorporation of Main Lease. Insofar a. Subtenant acknowledges that is has had a complete opportunity to review the Main Lease. Except as otherwise expressly provided in this Sublease, the provisions of the Main Lease do not conflict are incorporated into and made a part of this Sublease as they relate to the Premises and also to the Office Complex and any land on which the Office Complex is located (the "LAND" and, together with Office Complex, the specific "PROPERTY") which serve or are available to occupants of the Premises pursuant to the Main Lease. The provisions of the Main Lease which are so incorporated into this Sublease pursuant to the preceding sentence shall, coincident with their incorporation, be amended so that references in the Main Lease to "Lessor" and "Lessee" shall be deemed to refer in this Sublease to Tenant and Subtenant, respectively, unless the context indicates that such amendment should not be made or such amendment would have an illogical effect on the provision being so amended. All uses of the term "Sublease" in this Sublease shall be regarded as referring to this Sublease, they into which the Main Lease has been to incorporated. Subtenant hereby covenants to Tenant and, if Lessor has consented to this Sublease, to Lessor that, except as may be otherwise expressly provided in this Sublease, Subtenant assumes, is bound by, shall comply with, and each shall faithfully perform all of them the obligations of Tenant (as tenant) arising from and after the date of this Sublease under the Main Lease that are incorporated into this Sublease as if fully completely rewritten hereinSublease. The relationship between, and Sublessee agrees to rights of, Subtenant and Tenant shall, except as may be bound to the Sublessor by all the terms of the Main Lease and to assume towards Sublessor and perform all the obligations and responsibilities accruing from and after the commencement date of the term of otherwise expressly provided in this Sublease that SublessorSublease, be governed by the Main Lease, assumes towards the Landlordand, except for the payment of rent by Sublessee to Sublessor, which is governed by Paragraph 4 herein. Terms not defined in this Sublease shall have the meanings given such terms in the Main Lease. Sublessee agrees to look solely to Landlord for any and all remedies it may seek for any damages of any kind related to the Main Lease, except as expressly provided in this Sublease; provided, however, the foregoing shall not impair Sublessee's right to seek any remedies it may have against Sublessor due to Sublessor's breach of this Sublease. Sublessor shall have no liability to Sublessee for any wrongful action or default on the part of Landlord pursuant to the terms of the Main Lease, and Sublessee hereby agrees to look solely to Landlord in event of any such wrongful action or default; provided, however, that Sublessor shall not do anything nor permit anything to be done that would cause the Main Lease to be terminated or forfeited because of any right of termination or forfeiture reserved or vested in Landlord, Sublessor, or any other party under the Main Lease. Sublessor will indemnify and hold Sublessee harmless from and against all liabilities and claims of any kind (i) arising out of or relating to the Tenant's obligations under the Main Lease accruing on or prior to the commencement date of the term of this Sublease, or (ii) by reason of any breach or default under the Main Lease that is caused by any act or omission on the part of Sublessor, its employees, agents or contractors by reason of which the Main Lease may be terminated or forfeited. All of the parties hereto agree that, notwithstanding any default under the Main Lease by Landlord, Sublessor, or any other parties under the Main Lease, Sublessor will not disturb Sublessee's quiet possession of the Premises throughout the term of this Sublease so long as Sublessee is not in default of its rental payments to Landlord pursuant to this Sublease. Specifically, and without limiting the generality of the foregoing, Sublessor Tenant shall not exercise its right to terminate the Main Lease pursuant to Section I.B. have all of the Main Lease. Sublessor's indemnity and other obligations pursuant rights granted to this section shall survive the expiration or termination of Lessor under the Main Lease and be entitled to exercise such rights with respect to the enforcement of the provisions of this Sublease and the termination of this Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Clayton Holdings Inc)

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Incorporation of Main Lease. Insofar as the provisions of the Main Lease do not conflict with the specific provisions of this Sublease, they and each of them are incorporated into this Sublease as if fully completely rewritten herein, and Sublessee agrees to be bound to the Sublessor with respect to the Premises by all the terms of the Main Lease and to assume towards Sublessor and perform all the obligations and responsibilities accruing from and after the commencement date of the term of this Sublease that Sublessor, by the Main Lease, assumes towards the Landlord, except for the payment of rent by Sublessee to Sublessor, which is governed by Paragraph 4 herein. Terms not defined in this Sublease shall have the meanings given such terms in the Main Lease. Sublessee agrees to look solely to Landlord for any and all remedies it may seek for any damages of any kind related to the Main Lease, except as expressly provided in this Sublease; provided, however, the foregoing shall not impair Sublessee's right to seek any remedies it may have against Sublessor due to Sublessor's breach of this Sublease. Sublessor shall have no liability to Sublessee for any wrongful action or default on the part of Landlord pursuant to the terms of the Main Lease, and Sublessee hereby agrees to look solely to Landlord in event of any such wrongful action or default; provided, however, that Sublessor shall not do anything nor permit anything to be done that would cause the Main Lease to be terminated or forfeited because of any right of termination or forfeiture reserved or vested in Landlord, Sublessor, or any other party under the Main Lease. Sublessor will indemnify and hold Sublessee harmless from and against all liabilities and claims of any kind (i) arising out of or relating to the Tenant's obligations under the Main Lease accruing on or prior to the commencement date of the term of this Sublease, or (ii) by reason of any breach or default under the Main Lease that is caused by any act or omission on the part of Sublessor, its employees, agents or contractors by reason of which the Main Lease may be terminated or forfeited. All of the parties hereto agree that, notwithstanding any default under the Main Lease by Landlord, Sublessor, or any other parties under the Main Lease, Sublessor will not disturb Sublessee's quiet possession of the Premises throughout the term of this Sublease so long as Sublessee is not in default of its rental payments to Landlord pursuant to this Sublease. Specifically, and without limiting the generality of the foregoing, Sublessor shall not exercise its right to terminate the Main Lease pursuant to Section I.B. of the Main Lease. Sublessor's indemnity and other obligations pursuant to this section shall survive the expiration or termination of the Main Lease and this Sublease.

Appears in 1 contract

Samples: Sublease (Perficient Inc)

Incorporation of Main Lease. Insofar as Except to the provisions extent inconsistent with the terms and conditions of this Sublease, all terms and conditions of the Main Lease do not conflict with the specific provisions of this Sublease, they and each of them are hereby incorporated into this Sublease and shall govern Sublessee's use and occupancy of the Sublease Premises in the same manner as if fully completely rewritten herein, and Sublessee agrees to be bound to were the Sublessor by all the terms of the Main Lease and to assume towards Sublessor and perform all the obligations and responsibilities accruing from and after the commencement date of the term of this Sublease that Sublessor, by Tenant under the Main Lease, assumes towards Sublessor 2 were the Landlord, except for the payment of rent by Sublessee to Sublessor, which is governed by Paragraph 4 herein. Terms not defined in this Sublease shall have the meanings given such terms in the Main Lease. Sublessee agrees to look solely to Landlord for any and all remedies it may seek for any damages of any kind related to under the Main Lease, except as expressly provided in this Sublease; provided, however, the foregoing shall not impair Sublessee's right to seek any remedies it may have against Sublessor due to Sublessor's breach of this Sublease. Sublessor shall have no liability to Sublessee for any wrongful action or default on Sublease Premises were the part of Landlord pursuant to the terms of Premises under the Main Lease, and the Sublease Term were the Term under the Main Lease. Notwithstanding the foregoing, whenever the obligations of Sublessor to Sublessee hereby agrees derive from the obligations of Landlord to look solely to Landlord in event of any such wrongful action or default; providedSublessor, however, that Sublessor shall not do anything nor permit anything to be done that would cause as Tenant under the Main Lease (including, without limitation, any consent or approval of Landlord), the maximum obligation of Sublessor hereunder shall be to use reasonable efforts to obtain appropriate action on the part of Landlord. In no event shall Sublessor be terminated liable to Sublessee for any breach of Sublessor's obligations under this Sublease, nor shall such breach diminish Sublessor's rights hereunder, where the same is caused by or forfeited because attributable to the failure of any right of termination or forfeiture reserved or vested in Landlord, Sublessor, or any other party Landlord to perform its obligations under the Main Lease. Sublessor will indemnify and hold Sublessee harmless from each covenant to comply with the terms and against all liabilities and claims provisions of any kind (i) arising out of or relating the Main Lease, to the Tenant's obligations under extent the Main Lease accruing on or prior to same are not inconsistent with the commencement date of the term terms and provisions of this Sublease, or (ii) by reason of any breach or default under and to do nothing which will subject the Main Lease that is caused to termination by any act or omission on the part of Sublessor, its employees, agents or contractors by reason of which the Main Lease may be terminated or forfeited. All of the parties hereto agree that, notwithstanding any default Landlord under the Main Lease by Landlord, Sublessor, or any other parties under the Main Lease, Sublessor will not disturb Sublessee's quiet possession of the Premises throughout the term of this Sublease so long as Sublessee is not in default of its rental payments to Landlord pursuant to this Sublease. Specifically, and without limiting the generality of the foregoing, Sublessor shall not exercise its right to terminate the Main Lease pursuant to Section I.B. provisions of the Main Lease. Sublessor's indemnity and other obligations pursuant to this section shall survive Notwithstanding the expiration or termination foregoing, the following provisions of the Main Lease and shall NOT be incorporated into this Sublease.:

Appears in 1 contract

Samples: Sublease (Altarex Corp)

Incorporation of Main Lease. Insofar as Except to the provisions extent inconsistent with or modified by the terms and conditions of this Sublease, all terms and conditions of the Main Lease do not conflict with the specific provisions of this Sublease, they and each of them are hereby incorporated into this Sublease and shall govern Su6lessee's use and occupancy of the Premises and its rights, obligations and liabilities with respect thereto, in the same manner as if fully completely rewritten herein, Sublessee were the Tenant and Sublessee agrees to be bound to Sublessor were the Sublessor by all the terms of the Main Lease and to assume towards Sublessor and perform all the obligations and responsibilities accruing from and after the commencement date of the term of this Sublease that Sublessor, by the Main Lease, assumes towards the Landlord, except for the payment of rent by Sublessee to Sublessor, which is governed by Paragraph 4 herein. Terms not defined in this Sublease shall have the meanings given such terms in the Main Lease. Sublessee agrees to look solely to Landlord for any and all remedies it may seek for any damages of any kind related to the Main Lease, except as expressly provided in this Sublease; provided, however, the foregoing shall not impair Sublessee's right to seek any remedies it may have against Sublessor due to Sublessor's breach of this Sublease. Sublessor shall have no liability to Sublessee for any wrongful action or default on the part of Landlord pursuant to the terms of under the Main Lease, and Sublessee hereby agrees to look solely to Landlord in event of any such wrongful action or default; the Sublease Term were the term under the Main Lease: provided, however, that Sublessor shall not do anything nor permit anything be obligated to be done that would cause pay for or provide any services to Sublessee or to or for the benefit of the Premises, or to repair or maintain the Premises or to pay for or perform the obligations of Landlord under the :Main Lease Lease, and whenever the obligations of Sublessor to be terminated Sublessee hereunder derive from the obligations of Landlord to Sublessor (including, without limitation, any consent or forfeited because approval of Landlord or the provision of any right of termination or forfeiture reserved or vested in Landlord, Sublessor, or any other party services by Landlord under the Main Lease), the sole obligation of Sublessor shall be to use reasonably diligent efforts to obtain appropriate action on the part of Landlord (or omission to take action) in accordance with the terms of the Main Lease, but Sublessor shall not be liable to Sublessee if it fails to obtain such consent or approval or if Landlord takes any action or fails to take such appropriate action. Sublessor will indemnify and hold Sublessee harmless from and against all liabilities and claims of any kind (i) arising out of or relating to the Tenant's obligations However, if Landlord defaults under the Main Lease accruing on or prior Sublessee shall have the right to the commencement date avail itself of the term "Right of this Sublease, or (ii) by reason Self Help" as set forth in Section 14.4 of any breach or default under the Main Lease that is caused by any act or omission on (except that, in accordance with Section 1(h) hereof, the part parenthetical at the end of Sublessor, its employees, agents or contractors by reason Section 14.4 of which the Main Lease may shall be terminated or forfeiteddeemed deleted and shall not apply with respect to Sublessee). All Subject to the foregoing, Sublessor and Sublessee each shall comply with and perform the terms and provisions of the parties hereto agree that, notwithstanding any default under the Main Lease as if they were Landlord and Tenant, respectively, thereunder, to the extent the same are not inconsistent with or modified by Landlordthe terms and provisions of this Sublease (including, Sublessorwithout limitation, obtaining approval or any other parties consent from Sublessor hereunder where such approval would be required under the Main Lease, Sublessor will not disturb Sublessee's quiet possession of the Premises throughout the term of this Sublease so long as Sublessee is not and, in default of its rental payments to Landlord pursuant to this Subleaseaddition, obtaining such approval or consent from Landlord). Specifically, and without limiting the generality of the foregoing, Sublessor shall not exercise its right to terminate the Main Lease pursuant to Section I.B. of the Main Lease. Sublessor's indemnity and other obligations pursuant to this section shall survive the expiration or termination The following provisions of the Main Lease and shall not be incorporated into this Sublease.Sublease (or shall be incorporated in modified form as set forth below):

Appears in 1 contract

Samples: Lease (Cabletron Systems Inc)

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