Incorporation of Terms of Master Lease. It is expressly understood, acknowledged and agreed by Sublessee that all of the other terms, conditions and covenants of this Sublease shall be those stated in the Master Lease but only to the extent that the terms of the Master Lease relate to the Subleased Premises, except for (i) the basic rent obligations set forth in the Master Lease. Sublessee shall and hereby agrees to be subject to and bound by and to comply with the Master Lease with respect to the Subleased Premises and to satisfy all applicable terms and conditions of the Master Lease for the benefit of both Sublessor and Master Landlord, and that upon the breach of any of said terms, conditions or covenants of the Master Lease by Sublessee or upon the failure of the Sublessee to pay rent or comply with any of the provisions of this Sublease, Sublessor may exercise any and all rights and remedies granted to Master Landlord by the Master Lease, as well as any and all rights and remedies granted to Sublessor by this Sublease. It is further understood and agreed that the Sublessor has no duty or obligation to the Sublessee under the Master Lease other than to maintain the Master Lease in full force and effect during the term of this Sublease, provided, however, that Sublessor shall not be liable to Sublessee for any earlier termination of the Master Lease which is not due to the fault of Sublessor. Whenever the provisions of the Master Lease which have been incorporated as provisions of this Sublease require the written consent of the Master Landlord, said provisions shall be construed to require the written consent of both the Master Landlord and the Sublessor. Sublessor hereby covenants that its consent shall not be unreasonably withheld or delayed. Sublessee hereby acknowledges that it has read and is familiar with the terms of the Master Lease, and agrees that this Sublease is subordinate and subject to the Master Lease and that any termination thereof shall likewise terminate this Sublease. Sublessee further agrees that, in executing this Sublease and assuming the obligations of lessee under the Master Lease (to the extent applicable), it has not been granted any of the rights of Sublessor, as lessee under the Master Lease, such rights being specifically reserved by Sublessor, except to the extent granted to Sublessee hereunder. In the event of any inconsistencies between any of the provisions of this Sublease and the Master Lease, the terms of this Sublease shall govern.
Incorporation of Terms of Master Lease. The terms, conditions and respective obligations of Sublandlord and Subtenant to each other under this Sublease shall be the terms and conditions of the Master Lease, except for the Excluded Provisions, in which event the terms of this Sublease shall control over the Master Lease. Therefore, for the purposes of this Sublease, wherever in the Master Lease the word “Landlord” is used it shall be deemed to mean Sublandlord and wherever in the Master Lease the word “Tenant” is used it shall be deemed to mean Subtenant, except with respect to the Excluded Provisions. Any non-liability, release, indemnity or hold harmless provision in the Master Lease for the benefit of Landlord that is incorporated herein by reference, shall be deemed to inure to the benefit of Sublandlord, Landlord, and any other person intended to be benefited by said provision, for the purpose of incorporation by reference in this Sublease. Any right of Landlord under the Master Lease (a) of access or inspection, (b) to do work in the Master Lease Premises or in the Building, (c) in respect of rules and regulations, which is incorporated herein by reference, shall be deemed to inure to the benefit of Sublandlord, Landlord, and any other person intended to be benefited by said provision, for the purpose of incorporation by reference in this Sublease.
Incorporation of Terms of Master Lease. (a) This Sublease is subject and subordinate to the Master Lease. Subject to the modifications set forth in this Sublease, the terms of the Master Lease are incorporated herein by reference, and shall, as between Sublandlord and Subtenant (as if they were Landlord and Tenant, respectively, under the Master Lease), constitute the terms of this Sublease except to the extent that they are inapplicable to, inconsistent with, or modified by, the terms of this Sublease. In the event of any inconsistencies between the terms and provisions of the Master Lease and the terms and provisions of this Sublease, the terms and provisions of this Sublease shall govern. Subtenant acknowledges that it has reviewed the Master Lease and is familiar with the terms and conditions thereof.
(b) For the purposes of incorporation herein, the terms of the Master Lease are subject to the following additional modifications:
(i) Under all provisions of the Master Lease (under the terms thereof and without regard to modifications thereof for purposes of incorporation into this Sublease) requiring the approval or consent of Landlord, Subtenant shall be required to obtain the approval or consent of both Sublandlord and Landlord, such consent not to be unreasonably withheld, conditioned or delayed.
(ii) Under all provisions of the Master Lease requiring Tenant to submit, exhibit to, supply or provide Landlord with evidence, certificates, or any other matter or thing, Subtenant shall be required to submit, exhibit to, supply or provide, as the case may be, the same to both Landlord and Sublandlord. In any such instance, Sublandlord shall determine if such evidence, certificate or other matter or thing shall be satisfactory.
(iii) Sublandlord shall have no obligation to restore or rebuild any portion of the Sublease Premises after any destruction or taking by eminent domain.
Incorporation of Terms of Master Lease. Subtenant hereby acknowledges that it has read and is familiar with the provisions of the Master Lease and agrees that this Sublease is subordinate to and subject to the Master Lease. Except as otherwise expressly provided in this Sublease, the terms, provisions, covenants, stipulations, conditions, rights, obligations, remedies and agreements contained in the Master Lease (including, but not limited to, those relating to default, remedies and indemnities) are incorporated herein by reference and are made a part hereof, and shall, as between Sublandlord and Subtenant (as if Sublandlord were the landlord under the Master Lease and Subtenant were the tenant under the Master Lease) constitute the terms of this Sublease except to the extent that they are inapplicable to, inconsistent with, or modified by the terms of this Sublease. All waivers of claims against or exculpations of Landlord contained in the Master Lease shall run in favor of both Landlord and Sublandlord. Notwithstanding the foregoing, as between Sublandlord and Subtenant, the provisions of the Master Lease set forth on Exhibit C attached hereto and made a part hereof shall not apply and shall be of no force or effect with respect to this Sublease.
Incorporation of Terms of Master Lease. The terms, conditions and respective obligations of Sublandlord and Subtenant to each other under this Sublease shall be the terms and conditions of the Master Lease, except for those provisions of the Master Lease which are directly contradicted by the provisions of this Sublease and the exclusion set forth in Section 6.3(e) below, in which event the terms of this Sublease shall control over the Master Lease. Therefore, for the purposes of this Sublease, wherever in the Master Lease the word “Landlord” is used it shall be deemed to mean Sublandlord and wherever in the Master Lease the word “Tenant” is used it shall be deemed to mean Subtenant.
Incorporation of Terms of Master Lease. In addition to the terms and conditions set forth herein, and except as expressly modified herein, the terms, conditions and respective obligations of Sublessor and Sublessee to each other under this Sublease shall be the terms, conditions and respective obligations of Lessor and Lessee to each other under the Master Lease, which terms, conditions and obligations are hereby incorporated herein. Therefore, for purposes of this Sublease, wherever in the Master Lease the word "Lessor" is used, it shall be deemed to mean and refer to the Sublessor herein, wherever in the Master Lease the word "Lessee" is used, it shall be deemed to mean and refer to the Sublessee herein, and wherever in the Master Lease the words "Facility," "Land," "Leased Improvements," "Leased Property," "Related Rights," and "Lessor's Personal Property" are used, they shall be deemed to mean and refer to the Subleased Property and the components thereof.
Incorporation of Terms of Master Lease. Subject to Section 14 below, the terms and conditions of the Master Lease are incorporated into and made a part of this Sublease as if Sublandlord were the landlord and Subtenant the tenant from and after the Commencement Date, except for the following which shall not be included herein and shall be superceded by the terms of this Sublease: Basic Lease Information (except reference to Project, Property Taxes Base Year, Insurance Costs Base Year and Exhibits C and E), Article 1, Article 2, Section 3.1(a), Section 4.1, Article 8, Section 16.8, Article 21, Article 22, Section 23.1, Section 23.7 (except first sentence), Section 23.8 (including Exhibit A, except for informational purposes; except for Exhibits C and E), Section 23.9, Section
Incorporation of Terms of Master Lease. It is expressly understood, acknowledged and agreed by Sublessee that all of the other terms, conditions and covenants of this Sublease shall be those stated in the Master Lease as attached hereto, except for Articles 2, 10, 11 and 26, and, to the extent discussed above, Articles 4, 7, 25 and 28. Sublessee shall and hereby agrees to be subject to and bound by and to comply with all of said Paragraphs and Subparagraphs of the Master Lease with respect to that certain space leased therein encompassed by this Sublease and to satisfy all applicable terms and conditions of the Master Lease for the benefit of both Sublessor and Lessor, it being understood and agreed that wherever in the Master Lease the word "Tenant" appears, for the purposes of this Sublease, the word "Sublessee" shall be substituted, and, subject to Section 11 below, wherever in the Master Lease the word "Landlord" appears, for the purposes of this Sublease, the word "Sublessor" shall be substituted, and that upon the breach of any of said terms, conditions or covenants of the Master Lease or upon the failure of the Sublessee to pay rent or comply with any of the provisions of this Sublease, Sublessor may exercise any and all rights and remedies granted to Lessor by the
Incorporation of Terms of Master Lease. Sublessee acknowledges that Sublessor is in possession of the Subleased Premises pursuant to the terms of the Master Lease, a copy of which is attached hereto as Exhibit B. This Sublease shall be upon all of the terms and conditions set forth in Sections 1.1, 2.1, 3.1, 4.1 (except the third and last two sentences thereof) through 4.6, 4.8(a)(i), 4.8(b), 4.8(c)(i), 4.8(d), 5.1, 5.2, 7.1, 7.3 (other than the last sentence thereof), 7.5, 8.1(c)(i), 8.1(d)(ii), 8.2, 8.4, 9.1, 9.2, 9.4, 9.5, 10.3, 11.4, 11.6, 11.7, 12.3, 13.2 through 13.4, 14.3, 15.2 through 15.4, 19.1 through 19.10 and 19.13 through 19.17, Article 17, the first, fourth and sixth sentences of Article 6 and Exhibit E, except that all references to "Landlord" therein shall be deemed references to Sublessor herein, all references to "Tenant" therein shall be deemed references to Sublessee herein, all references to the "Commencement Date" therein shall be deemed references to the Sublease Commencement Date herein, all references to the "Premises" therein shall be deemed references to the Subleased Premises, all references to the "Lease" therein shall be deemed references to this Sublease, any references to "New Lease Renewal Term" shall have no application to this Sublease and Sublessor's address for payments pursuant to Section 4.5 thereof shall be as set forth in Section E.t. below. The terms of such Sections of the Master Lease, modified in accordance with the preceding sentence, are by this reference incorporated herein as if set forth in full herein.
Incorporation of Terms of Master Lease. This Sublease is subject to and subordinate to the Master Lease. Subject to the modifications set forth in this Sublease, the terms of the Master Lease are incorporated herein by reference, and shall, as between Sublandlord and Subtenant (as if they were Landlord and Tenant, respectively, under the Master Lease) constitute the terms of this Sublease except to the extent that they are inapplicable to, inconsistent with, or modified by, the terms of this Sublease. In the event of any inconsistencies between the terms and provisions of the Master Lease and the terms and provisions of this Sublease, the terms and provisions of this Sublease shall govern. Subtenant acknowledges that it has reviewed the Master Lease and is familiar with the terms and conditions thereof.
