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.
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Samples: Sublease Agreement (Digitiliti Inc), Sublease Agreement (Digitiliti Inc)
MAIN LEASE. a. The terms, provisions, covenants and conditions of the Main Lease are incorporated herein by reference in like manner as though so that, except to the same were specifically set forth herein. Notwithstanding extent that they are inapplicable or modified by the immediately preceding sentenceprovisions of this Sub-Sublease for the purpose of incorporation by reference, the following provisions each and every term, covenant and condition of the Main Lease shall not apply binding or inuring to the benefit of the landlord thereunder shall, in respect of this Sub-Sublease: Section 2.4 (Term), Article 3 (Rent), Section 4.1 (Construction), Article 13.11 (Holding Over), bind or inure to the entire Amendment To Lease Agreement dated 7/27/2005benefit of Sub-Sublessor, and all rights to renewaleach and every term, extension, expansion, first offer, early termination or other similar rights covenant 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 condition of the Main Lease beyond October 31binding or inuring to the benefit of the tenant thereunder shall, 2010in respect of this Sub-Sublease, providedbind or inure to the benefit of Sub-Subtenant, 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 same force and effect as may be otherwise specifically provided hereinif such terms, Sublessee shall have all rights covenants and privileges and assumes and agrees to keep and perform, as to the Premises, all of the obligations, conditions and covenants of the Tenant were completely set forth under in this Sub-Sublease, and as if the Main Lease as though Sublessee were substituted as Tenant thereunder. It is agreed words "Landlord" and understood between "Tenant," or words of similar import, wherever 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 same appear in the Main Lease.
b. Sublessor shall pay , were construed to Landlord mean, respectively, "Sub-Sublessor" and "Sub-Subtenant" in this Sub-Sublease, and as if the Base Rent due under word "Premises," or words of similar import, wherever the same appear in the Main Lease when such payments are Lease, were construed to mean "Sub-Subleased Premises" in this Sub-Sublease, and as if the word "Lease," or words of similar import, wherever the same appear in the Main Lease, were construed to mean this "Sub-Sublease." Sub-Subtenant shall not be required to pay any rent or additional rent due and shall perform all obligations of Sublessor under the Main Lease, except that Sub-Subtenant shall pay for any special services or requirements of Sub-Subtenant, including, without limitation, overtime air conditioning, extra cleaning, extra elevator use, and extra water use. Sub-Subtenant shall have the right to request such special services or requirements of Sub-Subtenant, including, without limitation, overtime air conditioning, extra cleaning, extra elevator use, and extra water use. Sub-Subtenant shall have the extent Sublessee is obligated right to perform request such obligations special services or requirements directly from the landlord under this Sublease.
c. the Main Lease. The obligationstime limits contained in the Main Lease for the giving of notices, conditions and covenants making of demands or performing of any act, condition or covenant on the part of the Landlord tenant thereunder, or for the exercise by the tenant thereunder of any right, remedy or option, are changed for the purposes of incorporation herein by reference by shortening the same in each instance by two (2) days, so that in each instance (other than for the times of performance set forth in Article 36 of the Main Lease) Sub-Subtenant shall have two (2) days less time to observe or perform hereunder than the Tenant under the Main Lease. Notwithstanding the foregoing, the following articles or sections of the Main Lease shall remain be deemed deleted for the Landlord’spurpose of incorporation by reference in this Sub-Sublease: Sections 1.1(a), (b), (e), (f), (h), (i) and Sublessor shall not be required to perform (k); Article 2; the same words "together with any monthly installments of 'Operating Expense Rent' and 'Capital Expenditure Rent'" in Section 3.1; Article 4; Article 5; Article 6; Article 7; 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.first sentence
Appears in 1 contract
Samples: Sub Sublease Agreement (Retix)
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 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.
Appears in 1 contract
Samples: Sublease Agreement (Digitiliti Inc)
MAIN LEASE. a. The terms, provisions, covenants and conditions of the Main ---------- Lease are incorporated herein by reference in like manner as though so that, except to the same were specifically set forth herein. Notwithstanding extent that they are inapplicable or modified by the immediately preceding sentenceprovisions of this Sub-Sublease for the purpose of incorporation by reference, the following provisions each and every term, covenant and condition of the Main Lease shall not apply binding or inuring to the benefit of the landlord thereunder shall, in respect of this Sub-Sublease: Section 2.4 (Term), Article 3 (Rent), Section 4.1 (Construction), Article 13.11 (Holding Over), bind or inure to the entire Amendment To Lease Agreement dated 7/27/2005benefit of Sub-Sublessor, and all rights to renewaleach and every term, extension, expansion, first offer, early termination or other similar rights covenant 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 condition of the Main Lease beyond October 31binding or inuring to the benefit of the tenant thereunder shall, 2010in respect of this Sub-Sublease, providedbind or inure to the benefit of Sub-Subtenant, 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 same force and effect as may be otherwise specifically provided hereinif such terms, Sublessee shall have all rights covenants and privileges and assumes and agrees to keep and perform, as to the Premises, all of the obligations, conditions and covenants of the Tenant were completely set forth under in this Sub-Sublease, and as if the Main Lease as though Sublessee were substituted as Tenant thereunder. It is agreed words "Landlord" and understood between "Tenant," or words of similar import, wherever 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 same appear in the Main Lease.
b. Sublessor shall pay , were construed to Landlord mean, respectively, "Sub-Sublessor" and "Sub-Subtenant" in this Sub-Sublease, and as if the Base Rent due under word "Premises," or words of similar import, wherever the same appear in the Main Lease when such payments are Lease, were construed to mean "Sub- Subleased Premises" in this Sub-Sublease, and as if the word "Lease," or words of similar import, wherever the same appear in the Main Lease, were construed to mean this "Sub-Sublease." Sub-Subtenant shall not be required to pay any rent or additional rent due and shall perform all obligations of Sublessor under the Main Lease, except that Sub-Subtenant shall pay to Sub-Sublessor, at the extent Sublessee is obligated cost charged to perform Sub-Sublessor, the charges for any special services or requirements of Sub-Subtenant, including, without limitation, overtime air conditioning, overtime/excess electrical usage, extra cleaning, extra elevator use, and extra water use. Sub-Subtenant shall have the right to request such obligations special services or requirements directly from the landlord under this Sublease.
c. the Main Lease. The obligationstime limits contained in the Main Lease for the giving of notices, conditions and covenants making of demands or performing of any act, condition or covenant on the part of the Landlord tenant thereunder, or for the exercise by the tenant thereunder of any right, remedy or option, are changed for the purposes of incorporation herein by reference by shortening the same in each instance by two (2) days, so that in each instance Sub-Subtenant shall have two (2) fewer days to observe or perform hereunder than the Tenant under the Main Lease. Notwithstanding the foregoing, the following articles or sections of the Main Lease shall remain be deemed deleted for the Landlord’spurpose of incorporation by reference in this Sub-Sublease: Sections 1.1(a), (b), (d), (e), (f), (h), (i), (k) and Sublessor (l); Article 2; the words "together with any monthly installments of 'Operating Expense Rent' and 'Capital Expenditure Rent'" in Section 3.1; the first sentence of Section 4.1; the last sentence of Section 5.1; the reference to "100% occupied" in the second line of Section 5.2 (which shall be replaced with the words "95% occupied"); Article 7; the first sentence of Section 12.1; the words "provided, however, that Tenant shall not be required to perform the same demolish or remove any Leasehold Improvements" in the event of a default by the Landlord but shall diligently enforce such obligations on behalf of SublesseeSection 12.2; Article 17; Article 25; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Addendum No.1, subject Addendum to Sublessee reimbursing Sublessor for any costs and expensesArticle 3, including but not limited Section 3.8; Addendum No.1, Addendum to attorney feesArticle 10; Addendum No.1, in pursuing such action.
d. Sublessor and Sublessee each agree not Addendum to doArticle 23; Addendum No.1, sufferAddendum to Article 34; Addendum No. 2; Exhibits A-1, 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.F ("Broker Registration
Appears in 1 contract
Samples: Sub Sublease Agreement (Retix)
MAIN LEASE. a. The (a) Except as inconsistent with the provisions of this Agreement, the terms, provisions, covenants and conditions of the Main Lease are incorporated herein by reference in like manner as though the thought he 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, perform all of the those obligations, conditions and covenants of the Tenant tenant set forth under the Main Lease as though Sublessee were substituted as Tenant tenant thereunder, except for those provisions set forth in the following sections of the Main Lease: Article 1; Sections 2.1 through 2.6. 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, privileges under this Sublease Agreement than Sublessor was granted has as Tenant 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. (b) The obligations, conditions and covenants of the Landlord under the Main Lease shall remain the Landlord’s's, and Sublessor shall not be required to perform the same in the event of a default by the Landlord. Notwithstanding the foregoing, the Sublessor shall have all the rights and privileges of the Landlord but under the Main Lease as it relates to Sublessee and the Subleased Premises except as herein otherwise specifically provided. In the event the Landlord is in default of its obligations under the Main Lease, Sublessor agrees to use its reasonable best efforts to cause the Landlord to perform its obligations under the Main Lease. In the event Landlord shall diligently enforce have failed to cure its default after a reasonable period of time and such obligations on behalf default materially and adversely affects the use of the Premises by Sublessee, subject Sublessee shall have the right to Sublessee reimbursing Sublessor for any costs and expenses, including but not limited to attorney fees, in pursuing terminate this Sublease so long as such actiondefault by the Landlord continues.
d. Sublessor and (c) Sublessee each agree agrees not to do, suffer, do or suffer or permit anything to be done which would result in a default under the Main Lease, Lease or cause the Main Lease to be terminated or forfeited.
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