Common use of Incorporation of Prime Lease Terms Clause in Contracts

Incorporation of Prime Lease Terms. 10.1 The terms, covenants and conditions contained in the Prime Lease are hereby incorporated herein and shall, as between Sublessor and Sublessee, constitute the terms, covenants and conditions of this Sublease, except to the extent set forth below. As between the parties hereto, Sublessor agrees to observe and perform the terms, covenants and conditions on its part to be observed and performed hereunder and Sublessee agrees to be bound by the provisions of the Prime Lease and to keep, observe and perform the terms, covenants and conditions on its part to be kept, observed and performed hereunder as well as those applicable terms, covenants and conditions to be observed and performed by Sublessor as tenant under the Prime Lease with respect to the Subleased Premises. The remedies of the parties, as Sublessor and Sublessee hereunder, shall be the same as the respective remedies of the Landlord and the tenant under the Prime Lease with respect to the Subleased Premises. Sublessee shall in no case have any rights with respect to the Subleased Premises greater than Sublessor’s rights as tenant under the Prime Lease, and Sublessor shall have no liability to Sublessee for any matter or thing for which Sublessor does not have co-extensive rights as tenant under the Prime Lease.

Appears in 3 contracts

Samples: Prime Lease (ITT Corp), Prime Lease (Xylem Inc.), Master Lease Agreement (Xylem Inc.)

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Incorporation of Prime Lease Terms. 10.1 The terms, covenants and conditions contained in the Prime Lease are hereby incorporated herein and shall, as between Sublessor and Sublessee, constitute the terms, covenants and conditions of this Sublease, except to the extent otherwise set forth belowin this Sublease. As between the parties hereto, Sublessor agrees to observe and perform the terms, covenants and conditions on its part to be observed and performed hereunder and Sublessee agrees to be bound by the provisions of the Prime Lease and to keep, observe and perform the terms, covenants and conditions on its part to be kept, observed and performed hereunder as well as those applicable the terms, covenants and conditions to be observed and performed by Sublessor as tenant Tenant under the Prime Lease with respect to the Subleased Premises. The remedies of the parties, as Sublessor and Sublessee hereunder, shall be the same as the respective remedies of the Landlord and the tenant Tenant under the Prime Lease with respect to the Subleased Premises. Sublessee shall in no case have any rights with respect to the Subleased Premises greater than Sublessor’s 's rights as tenant Tenant under the Prime Lease. Unless, specifically provided for on Schedule “C”, attached hereto, or to the extent inconsistent with this Sublease, all of the terms, covenants, conditions and provisions in the Prime Lease are hereby incorporated in, and Sublessor shall have no liability made a part of this Sublease and such rights and obligations as are contained in the Prime Lease are hereby imposed upon the respective parties hereto to the extent the same relate to the Subleased Premises and Sublessee's use of the Subleased Premises; this Sublease being substituted for the term "Lease" set forth in the Prime Lease and the Sublessee herein being substituted for any matter or thing for which Sublessor does not have co-extensive rights as tenant under the Tenant named in the Prime Lease, the Sublessor being substituted for the Landlord named in the Prime Lease and the “Commencement Date” as defined herein being substituted for the “Commencement Date” as defined in the Prime Lease; provided, however, that the Sublessor herein shall not be liable for any defaults by, or obligations of, Landlord except as specifically set forth herein and any reference to "Landlord" in the Prime Lease with respect to the furnishing of services, utilities, repairs and facilities shall be deemed to refer to Landlord rather than Sublessor. Notwithstanding the foregoing, to the extent of any conflict between the Prime Lease and this Sublease, this Sublease shall, as between Sublessor and Sublessee, control.

Appears in 1 contract

Samples: Sublease Agreement (Southern Union Co)

Incorporation of Prime Lease Terms. 10.1 The terms, covenants and conditions contained in contain the Prime Original Lease are hereby incorporated herein and shall, as between Sublessor and Sublessee, constitute the terms, covenants and conditions of this Sublease, except to the extent set forth belowand/or modified in this Sublease. Notwithstanding the foregoing and expect for the monetary obligations of the Sublessee under this Sublease, Sublessee shall have no obligation with respect to monetary obligations of Sublessor to Landlord under the Original Lease, or indemnification, hold harmless or insurance obligations of the Sublessor under the Original Lease or obligations of the Sublessor concerning its initial fit-up or subsequent alterations to the Subleased Premises or to remove the same at the end of the term or expiration of the Original Lease. As between the parties hereto, Sublessor agrees to observe and perform the terms, covenants and conditions on its part to be observed and performed hereunder and Sublessee agrees to be bound by the provisions of the Prime Lease and to keep, observe and perform the terms, covenants and conditions on its part to be kept, observed and performed hereunder as well as those applicable terms, covenants and conditions to be observed and performed by Sublessor as tenant Tenant under the Prime Original Lease with respect to the Subleased Premises. The remedies of the parties, as Sublessor and Sublessee hereunder, shall be the same as the respective remedies of the Landlord and the tenant Tenant under the Prime Lease with respect to the Subleased Premises. Sublessee shall in no case have any rights with respect to the Subleased Premises greater than Sublessor’s rights as tenant under the Prime Lease, and Sublessor shall have no liability to Sublessee for any matter or thing for which Sublessor does not have co-extensive rights as tenant under the Prime Lease.

Appears in 1 contract

Samples: Centra Software Inc

Incorporation of Prime Lease Terms. 10.1 The terms, covenants and conditions contained in the Prime Lease are hereby incorporated herein and shall, as between Sublessor and Sublessee, constitute the terms, covenants and conditions of this Sublease, except to the extent set forth below. As between the parties hereto, Sublessor agrees to observe and perform the terms, covenants and conditions on its part to be observed and performed hereunder and Sublessee agrees to be bound by the provisions of the Prime Lease and to keep, observe and perform the terms, covenants and conditions on its part to be kept, observed and performed hereunder as well as those applicable terms, covenants and conditions to be observed and performed by Sublessor as tenant Tenant under the Prime Lease with respect to the Subleased Premises. The remedies of the parties, as Sublessor and Sublessee hereunder, shall be the same as the respective remedies of the Landlord and the tenant Tenant under the Prime Lease with respect to the Subleased Premises. Sublessee shall in no case have any rights with respect to the Subleased Premises greater than Sublessor’s 's rights as tenant Tenant under the Prime Lease, and Sublessor shall have no liability to Sublessee for any matter or thing for which Sublessor does not have co-extensive rights as tenant Tenant under the Prime Lease.. The following terms, covenants, provisions and conditions of the Prime Lease, and the rights and obligations of Sublessor thereunder, do not apply to, and shall not be a part of, this Sublease: ARTICLE PAGE Original Lease

Appears in 1 contract

Samples: Everest Reinsurance Holdings Inc

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Incorporation of Prime Lease Terms. 10.1 The terms, covenants and conditions contained in the Prime Lease are hereby incorporated herein and shall, as between Sublessor and SublesseeSublessee and as they pertain to the Subleased Premises, constitute the terms, covenants and conditions of this Sublease, except to the extent otherwise specifically set forth belowin this Sublease, except to the extent inconsistent with the terms and conditions of this Sublease, and except to the extent not applicable to the Subleased Premises. As between the parties hereto, Sublessor agrees to observe and perform the terms, covenants and conditions on its part to be observed and performed hereunder and under the Prime Lease and Sublessee agrees to be bound by the provisions of the Prime Lease as it pertains to the Subleased Premises and to keep, observe and perform the terms, covenants and conditions pertaining to the Subleased Premises on its part to be kept, observed and performed hereunder as well as those applicable terms, covenants and conditions to be observed and performed by Sublessor as tenant Tenant under the Prime Lease with respect to the Subleased Premises. The remedies of the parties, as Sublessor and Sublessee hereunder, shall be the same as the respective remedies of the Landlord and the tenant Tenant under the Prime Lease with respect to the Subleased Premises. Sublessee shall in no case have any rights with respect to the Subleased Premises greater than Sublessor’s 's rights as tenant Tenant under the Prime Lease, and Sublessor shall have no liability to Sublessee for any matter or thing for which Sublessor does not have co-extensive rights as tenant Tenant under the Lease. The following articles and provisions of the Prime Lease.Lease do not apply to, and shall not be a part of, this Sublease: ARTICLE PAGE

Appears in 1 contract

Samples: Sublease Agreement (HC Innovations, Inc.)

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