MAIN LEASE a. The terms, provisions, covenants and conditions of the Main Lease are incorporated herein by reference in like manner as though the same were specifically set forth herein. Notwithstanding the immediately preceding sentence, the following provisions of the Main Lease shall not apply to this Sublease: Section 2.4 (Term), Article 3 (Rent), Section 4.1 (Construction), Article 13.11 (Holding Over), the entire Amendment To Lease Agreement dated 7/27/2005, and all rights to renewal, extension, expansion, first offer, early termination or other similar rights and provisions contained in the Main Lease or in any Main Lease amendments. Sublessee understands and acknowledges that Sublessor does not intend to extend the term of the Main Lease beyond October 31, 2010, provided, however, that Sublessor acknowledges Sublessee is free to negotiate with the Landlord to enter into a lease directly with the Landlord following the end of the Sublease Term. Except as may be otherwise specifically provided herein, Sublessee shall have all rights and privileges and assumes and agrees to keep and perform, as to the Premises, all of the obligations, conditions and covenants of the Tenant set forth under the Main Lease as though Sublessee were substituted as Tenant thereunder. It is agreed and understood between the parties hereto that the Sublessee obtains and is granted no more rights and privileges, as to the Premises, under this Sublease Agreement than Sublessor was granted as Tenant under the Main Lease.
b. Sublessor shall pay to Landlord the Base Rent due under the Main Lease when such payments are due and shall perform all obligations of Sublessor under the Main Lease, except to the extent Sublessee is obligated to perform such obligations under this Sublease.
c. The obligations, conditions and covenants of the Landlord under the Main Lease shall remain the Landlord’s, and Sublessor shall not be required to perform the same in the event of a default by the Landlord but shall diligently enforce such obligations on behalf of Sublessee, subject to Sublessee reimbursing Sublessor for any costs and expenses, including but not limited to attorney fees, in pursuing such action.
d. Sublessor and Sublessee each agree not to do, suffer, or permit anything to be done which would result in a default under the Main Lease, or cause the Main Lease to be terminated or forfeited.
MAIN LEASE. A. The terms, provisions, covenants and conditions of the Main Lease are incorporated herein by reference in like manner as though the same were specifically set forth herein. It is agreed and understood between the parties hereto that the Sublessee obtains and is granted no more rights and privileges, as to the Sublease Premises, under this Sublease Agreement than Sublessor was granted as lessee under the Main Lease.
B. The obligations, conditions and covenants of the Landlord under the Main Lease shall remain the Landlord’s, and Sublessor shall not be required to perform the same in the event of a default by the Landlord but shall diligently enforce such obligations on behalf of Sublessee, subject to Sublessee reimbursing Sublessor for any costs and expenses, including but not limited to attorney fees, in pursuing such action.
C. Sublessor and Sublessee each agree not to do, suffer, or permit anything to be done which would result in a default under the Main Lease, or cause the Main Lease to be terminated or forfeited.
MAIN LEASE. The terms and conditions of the Main Lease, as they apply to the Sublease Premises, are incorporated into this Sublease Agreement by reference, except for those terms specifically excluded in this Sublease Agreement. Sublessee acknowledges and agrees:
a. That Sublessee is granted no greater or additional rights and/or privileges under this Sublease Agreement than Sublessor was granted as tenant under the Main Lease.
b. The obligations, conditions and covenants of the Sublessee as landlord under the Main Lease shall remain the obligations, conditions and covenants of Sublessee, and Sublessor shall not be required to perform the same in the event of a default by Sublessee.
c. Sublessor shall have all the rights and privileges of the Sublessee as landlord under the Main Lease, except Sublessor shall not be entitled to receive Rent payable under the Main Lease and except as herein otherwise specifically provided. Sublessor and Sublessee mutually agree not to do or suffer or permit anything to be done which would result in a default under the Main Lease or cause the Main Lease to be terminated or forfeited.
MAIN LEASE. A. Except as may be inconsistent with the provisions of this Sublease Agreement, the terms, provisions, covenants and conditions of the Main Lease are incorporated herein by reference in like manner as though the same were specifically set forth herein. Except as may be otherwise specifically provided herein, Sublessee shall have all rights and privileges and assumes and agrees to keep and perform, as to the Premises, all of the obligations, conditions and covenants of the Tenant set forth under the Main Lease as though Sublessee were substituted as Tenant thereunder. It is agreed and understood between the parties hereto that the Sublessee obtains and is granted no more rights and privileges, as to the Premises, under this Sublease Agreement than Sublessor was granted as Tenant under the Main Lease.
B. The obligations, conditions and covenants of the Owner as the Landlord under the Main Lease shall remain the Owner's, and Sublessor shall not be required to perform the same in the event of a default by the Owner. Notwithstanding the foregoing, Sublessor shall have, with respect to the Premises, all of the rights and privileges of the Owner as Landlord under the Main Lease, except as herein otherwise specifically provided.
C. Sublessor and Sublessee each agree not to do, suffer, or permit anything to be done which would result in a default under the Main Lease, or cause the Main Lease to be terminated or forfeited.
MAIN LEASE. The Leased Premises are presently being leased by Sublessor under terms of a Lease Agreement between A & A Properties Northwest, L.L.C., as Lessor, and Media Products, Inc., as Lessee, dated January 7, 2002, the Lessee’s rights of which have been assigned to Sublessor (Main Lease), a copy of which Main Lease is attached as Exhibit A.
MAIN LEASE. Sublessor is not in receipt of any outstanding notices of violations with respect to the Subleased Premises and is not aware of the presence of any asbestos or other toxic materials therein. Sublessor hereby represents that it is not in default of any provisions of the Main Lease.
MAIN LEASE. 3 1.19 Merger. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.20 NewCorp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.21 Non-Member Managers . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.22
MAIN LEASE. 4.1.1 Seller covenants and agrees to perform in a timely manner all obligations on its part to be performed under the Main Lease.
4.1.2 Seller agrees to take no action to amend or modify the Main Lease without the consent of Netplex, which consent shall not be unreasonably withheld.
3.0.3 Seller agrees to notify Netplex promptly in writing of any default on Seller's part or OCIC's part and to deliver promptly to Netplex any and all notices of default received by Seller from OCIC or notices of default delivered by Seller to OCIC. In the event of a default by Seller or the receipt by Seller of a notice of default from OCIC, Seller agrees that Netplex may (i) make any payments required of Netplex under this Sublease directly to OCIC and to offset such payments against any rent due hereunder. In the event of a default by OCIC in the performance of its obligations under the Main Lease, Seller agrees, at its sole cost and expense to take such steps as are necessary to compel performance including, but not limited to, litigation against OCIC. In the event that Seller fails to pursue such claim on a timely basis, Seller agrees that Netplex may pursue such claim in its own name or in the name of Seller against OCIC provided that such claim shall be prosecuted at Seller's sole cost and expense, and that Seller shall indemnify and hold Netplex harmless from any and all costs, losses and expenses (including reasonable attorneys' fees and expenses) which may arise out of or relate to such claim.
3.0.4 In the event that Seller's default under the Main Lease arises out of or is as a result of the breach of this Sublease by Netplex, then and in that event, Netplex shall defend, indemnify and hold Seller harmless from and against any claims or losses incurred by Seller as a result of any such breach of this Sublease by Netplex.
MAIN LEASE. This Sublease is subject and subordinate in all respects to the Main Lease, which Main Lease is incorporated herein by reference as if fully set forth herein. From and after the Commencement Date, GROUND LESSEE agrees, to the extent applicable to the Premises, to assume and be bound by all of the covenants and agreements made by GROUND LESSOR as lessee under the Sublease and the Main Lease and to perform all of the duties, obligations and responsibilities of GROUND LESSOR as Sublessee under the Main Lease. In the event of any conflict or inconsistency between the terms, conditions or provisions of the Main Lease and this Ground Lease Agreement, the terms, conditions and provisions of the Main Lease shall prevail.
MAIN LEASE. Sublessor is the Lessee under a written Lease dated October 11, 2004, wherein Carolina Partners, LLC (“Lessor”) leased to Sublessor an approximately 2,190 square foot portion of a building in a shopping center located at Highway 278 at Sheridan Park, Bluffton, South Carolina (the ” Premises”). The Lease, together with any amendments, is herein referred to as the “Main Lease” and is attached hereto as Exhibit “A”.
