Common use of Master Landlord’s Consent Clause in Contracts

Master Landlord’s Consent. The undersigned, as Master Landlord under the Master Lease, acknowledges and agrees that it is familiar with, and has read and understands, all of the provisions of this Lease, and hereby consents to this Lease as a sublease of the Premises under the Master Lease and all of the terms and conditions contained in this Lease, (including, without limitation, the paragraph immediately preceding the Summary). Master Landlord further agrees that (a) in the event of the cancellation or termination of the Master Lease prior to the expiration date or earlier termination of this Lease (for any reason other than as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Ea.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 2 contracts

Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

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Master Landlord’s Consent. The undersignedSublandlord and Subtenant expressly acknowledge and agree that this Sublease is subject to Master Landlord’s prior written consent, as on a form to be provided by Master Landlord under that is reasonably acceptable to Sublandlord and Subtenant (“Master Landlord’s Consent”), and Sublandlord shall use commercially reasonable efforts to ensure that the Master LeaseLandlord Consent includes the following provisions: (i) Master Landlord waives its right to recapture the Subleased Premises in connection with Sublandlord’s desire to sublet the Subleased Premises to Subtenant, acknowledges and (ii) Master Landlord agrees that it is familiar with, and has read and understands, all to make a portion of the provisions Allowance referred to in Paragraph 4 of this Lease, and hereby consents Exhibit A attached to this Lease as a sublease of the Premises under the Master Lease and all of the terms and conditions contained in this Lease, Second Amendment (including, without limitation, the paragraph immediately preceding the Summary). Master Landlord further agrees that (a) which portion shall be in the event amount of $242,120.00) available to Subtenant to pay or reimburse Subtenant for costs that Subtenant intends to incur in connection with the cancellation design, permitting and construction or termination installation of certain tenant improvements that Subtenant desires to undertake, or cause to be undertaken, in connection with the Master Lease prior Subleased Premises, which portion of such Allowance shall be made available to the expiration date or earlier termination of this Lease (for any reason other than as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease Subtenant in writing as a direct lease between Master Landlord and Tenant (upon all of accordance with the terms and conditions set forth in this LeaseParagraphs 3 through 7 of Exhibit A attached to the Second Amendment, except that Master Landlord shall have consented that the January 31, 2019 date referred to in the last sentence of Paragraph 4 of Exhibit A attached to the Second Amendment shall be extended to June 30, 2020, (iii) Subtenant shall have the right to occupy and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution use the Subleased Premises during the term of this LeaseSublease for biotechnical and pharmaceutical research and development, Tenant hereby agreesassembly, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), biotechnical or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respectspharmaceutical manufacturing, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease)warehousing, and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant other uses permitted under the Master Lease, (iv) in connection with the conduct of Subtenant’s business operations in the Premises, Subtenant shall have the right, without payment by Subtenant of any processing fee or fees and expenses of any consultants retained by Master Landlord in connection with review of Exhibit D attached hereto, to use and store in, and transport to and from, the Subleased Premises, the types and amounts of Hazardous Material as specified on Exhibit D attached hereto, and (v) Subtenant may remove from the Subleased Premises any specialized tenant improvements installed by and paid for by Subtenant so long as Subtenant repairs any damage resulting from such removal. Sublandlord shall use commercially reasonable and diligent efforts to obtain Master Landlord’s Consent, and Subtenant agrees that Landlord may receive, collect and enjoy the rents accruing under this Leaseto cooperate in all reasonable respects in connection therewith. In no the event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this that Master Landlord’s Consent shall inure (with the provisions substantially similar to the benefit clauses (i) through (v) above included in such Master Landlord’s Consent unless waived in writing by Subtenant) is not only obtained within forty-five (45) days following the submittal of Tenantthis Sublease by Sublandlord to Master Landlord, but also Sublandlord and Subtenant shall have the right to terminate this Sublease by providing written notice thereof to the other party unless Master Landlord’s consent is obtained prior to the giving of its heirsany such notice, personal representatives, successors in which event such notice shall be of no force or effect. In the event such written notice of termination is given following the lapse of such forty-five (45) day period and assigns, and shall bind and apply prior to Master Landlord’s heirsConsent being obtained, personal representatives, successors this Sublease shall be deemed null and assigns (including, without limitation, any lenders of Master Landlord)void, and Master Landlord and Landlord neither Sublandlord nor Subtenant shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited have any liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Ea.) 31st floor roof The system distributes condenser water from the 31st floor roof down or obligations to the 4th floor. Distribution pipes run vertically through other hereunder (excepting those provisions of this Sublease that are deemed to survive the north air shafts, expiration or earlier termination hereof and except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors that Sublandlord shall immediately return to distribute condenser water Subtenant any prepaid Rent and Security Deposit paid or delivered to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoingSublandlord by Subtenant), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:.

Appears in 2 contracts

Samples: Sublease (Genomic Health Inc), Sublease (Acelrx Pharmaceuticals Inc)

Master Landlord’s Consent. The undersignedA. Upon execution hereof, as this Sublease shall be delivered to the Master Landlord under for its consent. Sublessor and Sublessee expressly acknowledge that the Master LeaseLandlord‘s consent, reasonably satisfactory to Sublessor and Sublessee, is a condition precedent to the effectiveness of this Sublease. Sublessor and Sublessee agree to use reasonable and diligent efforts to obtain the Master Landlord‘s consent hereto, and shall execute and deliver such other and further instruments and/or deliver such information as may reasonably be required to obtain the Master Landlord‘s consent to the subleasing of the Premises to Sublessee. If, for any reason, the Master Landlord‘s consent to this Sublease, reasonably satisfactory to Sublessee or Sublessor, cannot be obtained within thirty (30) days after the date hereof, Sublessee shall have the right, at any time after such thirtieth (30th) day, but prior to the date upon which the consent of the Master Landlord is obtained, to cancel this Sublease by serving written notice to the Sublessor and, in such event, (i) the parties hereto shall be released, (ii) all sums paid by Sublessee hereunder shall be returned to Sublessee and (iii) neither party hereto shall have any further liability to the other arising out of this transaction. B. Sublessor acknowledges and agrees that it is familiar with, and has read and understands, all of the provisions of this Lease, and hereby consents Master Landlord‘s consent to this Lease as a sublease Sublease shall not be acceptable to Sublessee unless such consent provides (1) that rent due under this Sublease shall be payable directly to Master Landlord in lieu of Sublessor; (2) that Sublessee shall have the right to deal with Master Landlord directly on all matters that relate to the Premises under pursuant to the Master Lease and all of the terms and conditions contained in this Lease, ; (including, without limitation, the paragraph immediately preceding the Summary). 3) a Master Landlord further agrees that (a) in the event of the cancellation or termination estoppel pursuant to section 13.6 of the Master Lease prior to the expiration date or earlier termination Lease; and (4) for Master Landlord‘s waiver of this Lease (for any reason other than as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, subrogation with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (EaSublessee.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease Agreement (Epoch Holding Corp)

Master Landlord’s Consent. The undersigned, as 17.1 This Sublease and the obligations of the parties hereunder are expressly conditioned upon Sublandlord’s obtaining prior written consent hereto by Master Landlord under in substantially the form provided in Exhibit D attached hereto. Subtenant shall promptly deliver to Sublandlord any information reasonably requested by Master Lease, acknowledges and agrees that it is familiar with, and has read and understands, all of the provisions Landlord (in connection with Master Landlord’s approval of this LeaseSublease) with respect to the nature and operation of Subtenant’s business and/or the financial condition of Subtenant. 17.2 Sublandlord and Subtenant hereby agree, for the benefit of Master Landlord, that this Sublease and hereby consents Master Landlord’s consent hereto shall not (a) create privity of contract between Master Landlord and Subtenant; (b) be deemed to this Lease as a sublease of the Premises under have amended the Master Lease and all of the terms and conditions contained in this Lease, any regard (including, without limitation, the paragraph immediately preceding the Summary). unless Master Landlord further agrees that shall have expressly agreed writing to such amendment); or (ac) in the event be construed as a waiver of the cancellation or termination Master Landlord’s right to consent to any assignment of the Master Lease prior to the expiration date by Sublandlord or earlier termination of this Lease (for any reason other than as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms further subletting of the Master Lease in all material respectsPremises, and shall simultaneously cause such Substitute Tenant to assume in writing the or as a waiver of Master Landlord’s obligations under right to consent to any assignment by Subtenant of this Lease (such that Sublease or any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy sub-subletting of the Premises under this Lease, and Tenantor any part thereof. Master Landlord’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subjectconsent shall, however, be deemed to evidence Master Landlord’s agreement that Subtenant shall be entitled to waiver of claims and of the right of subrogation for damage to Master Landlord’s (or Substitute Tenant’s, as property if and to the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, extent that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to provides such waivers for the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (EaSublandlord.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease (Conceptus Inc)

Master Landlord’s Consent. The undersigned, as 16.1 This Sublease and the obligations of the parties hereunder are expressly conditioned upon Sublandlord's obtaining the prior written consent of Master Landlord under to this Sublease (the “Consent”). Subtenant shall promptly deliver to Sublandlord any information reasonably requested by Master LeaseLandlord in connection with the Consent with respect to the nature and operation of Subtenant's business, acknowledges and agrees that it is familiar withthe financial condition of Subtenant, and has read and understands, all of the provisions of this Lease, and hereby consents any other information reasonably requested by Master Landlord. 16.2 If Master Landlord fails to consent to this Lease as a sublease of Sublease within sixty (60) days after the Premises under Execution Date, either party shall have the Master Lease and all of the terms and conditions contained in right to terminate this Lease, (including, without limitation, the paragraph immediately preceding the Summary). Master Landlord further agrees that (a) in the event of the cancellation or termination of the Master Lease prior Sublease by giving written notice thereof to the expiration date or earlier termination of this Lease (for other at any reason other than as a result of Tenant’s Default under this Lease)time thereafter, but before, Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under grants such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefromConsent; provided, however, that until neither party shall have a default shall occur in right to terminate pursuant to the performance of foregoing if Master Landlord’s withholding of Consent is attributable to such party’s actions or inaction. If either party so terminates this Sublease, Sublandlord shall return the Deliverables to Subtenant, and thereafter both parties shall have no further obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall Sublease except with respect to those terms which expressly survive the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions termination of this Sublease. 16.3 Sublandlord and Subtenant hereby agree, for the benefit of Master Landlord, that this Sublease and Master Landlord’s Consent hereto shall inure not (a) create privity of contract between Master Landlord and Subtenant; (b) be deemed to have amended the benefit not only Master Lease in any regard (unless Master Landlord shall have expressly agreed writing to such amendment); or (c) be construed as a waiver of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirsright to consent to any assignment of the Master Lease by Sublandlord or any further subletting of the Sublease Premises, personal representatives, successors and assigns (including, without limitation, any lenders or as a waiver of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant ’s right to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Ea.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate consent to any rights assignment by Subtenant of use granted to third parties prior to this Sublease or any further subletting of the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:Sublease Premises or any part thereof.

Appears in 1 contract

Samples: Sublease (Nerdwallet, Inc.)

Master Landlord’s Consent. The undersigned16.1. This Sublease and the obligations of the parties hereunder are expressly conditioned upon Xxxxxxxxxxx's obtaining the prior written consent of Master Landlord to this Sublease (the “Consent”). Subtenant shall promptly deliver to Sublandlord any information reasonably requested by Master Landlord in connection with the Consent with respect to the nature and operation of Subtenant's business, the financial condition of Subtenant, and any other information reasonably requested by Master Landlord. 16.2. Sublandlord shall use commercially reasonable efforts to obtain Master Xxxxxxxx’s consent to this Sublease as soon as reasonably practicable following the execution of this Sublease by Sublandlord and Subtenant. Subject to the immediately-preceding sentence, Sublandlord shall submit to Master Landlord a copy of this Sublease, and all other information required by the Master Landlord (to the extent required to be delivered to Master Landlord under the Master LeaseLease and in Sublandlord’s possession or control), acknowledges and agrees that it is familiar with, and has read and understands, all within five (5) business days of the provisions mutual execution and delivery of this Lease, Sublease (or as soon thereafter as is reasonably practicable) and hereby consents all other information reasonably requested by Master Landlord (to the extent in Sublandlord’s possession or control) within five (5) business days of request of Master Landlord (or as soon thereafter as is reasonably practicable). If Master Xxxxxxxx fails to consent to this Lease as a sublease Sublease within sixty (60) days after the Execution Date, either party shall have the right to terminate this Sublease by giving written notice thereof to the other at any time thereafter, but before, Master Landlord grants such consent. 16.3. Sublandlord and Subtenant hereby agree, for the benefit of the Premises under Master Landlord, that this Sublease and Master Xxxxxxxx’s consent hereto shall not (a) create privity of contract between Master Landlord and Subtenant; (b) be deemed to have amended the Master Lease and all of the terms and conditions contained in this Lease, any regard (including, without limitation, the paragraph immediately preceding the Summary). unless Master Landlord further agrees that shall have expressly agreed writing to such amendment); or (ac) in the event be construed as a waiver of the cancellation or termination Master Landlord’s right to consent to any assignment of the Master Lease prior to by Sublandlord or any further subletting of the expiration date Sublease Premises, or earlier termination of this Lease (for any reason other than as a result waiver of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary right to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution consent to any assignment by Subtenant of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights Sublease or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any further subletting of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, Sublease Premises or any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Eapart thereof.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease (Talis Biomedical Corp)

Master Landlord’s Consent. The undersigned, as 14.1 This Sublease and the obligations of the parties hereunder are expressly conditioned upon Sublandlord obtaining the Master Landlord’s prior written consent to this Sublease in a form acceptable to the parties in their sole discretion. Subtenant must promptly deliver to Sublandlord any information reasonably requested by Master Landlord under the (in connection with Master Lease, acknowledges and agrees that it is familiar with, and has read and understands, all of the provisions Landlord’s approval of this LeaseSublease) with respect to the nature and operation of Subtenant’s business and/or the financial condition of Subtenant. 14.2 Sublandlord and Subtenant hereby agree, for the benefit of Master Landlord, that this Sublease and hereby consents to this Lease as a sublease of the Premises under the Master Lease and all of the terms and conditions contained in this Lease, (including, without limitation, the paragraph immediately preceding the Summary). Master Landlord further agrees that Landlord’s consent hereto will not (a) in the event of the cancellation or termination of be deemed to have amended the Master Lease prior to the expiration date or earlier termination of this Lease (for any reason other than as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Sublandlord in any regard (unless Master Landlord hereunderwill have expressly agreed writing to such amendment), ; or (Bb) enter into be construed as a new waiver of Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject Landlord’s right to Section 23.19 of this Lease) on terms substantially similar consent to the terms any assignment of the Master Lease in all material respectsby Sublandlord or any further subletting of the Master Premises, and shall simultaneously cause such Substitute Tenant to assume in writing the or as a waiver of Master Landlord’s obligations under right to consent to any assignment by Subtenant of this Lease (such that Sublease or any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy sub-subletting of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. part thereof. 14.3 If Master Landlord fails to perform consent to this Sublease within thirty (30) days after the Execution Date, either party shall have the right to terminate this Sublease be giving written notice thereof to the other at any of its obligations under the Master Leasetime thereafter, or if Landlord otherwise fails to cause but before Master Landlord grants such consent. In the event of such termination, Sublandlord shall promptly refund to perform the obligations required under this Lease (including, without limitation, as a result of Subtenant any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated prepaid Rent received from Subtenant. Sublandlord agrees to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation exercise commercially reasonable and similar rights as may be available at law and/or in equity). The provisions of this diligent efforts to obtain Master Landlord’s Consent shall inure written consent to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Ea.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges this Sublease as provided in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord Section 14.1 above and the following tenants at the Building:transaction described herein.

Appears in 1 contract

Samples: Net Office Lease (Borland Software Corp)

Master Landlord’s Consent. The undersigned, as 16.1 This Sublease and the obligations of the parties hereunder are expressly conditioned upon Sublandlord's obtaining prior written consent hereto by Master Landlord. Subtenant shall promptly deliver to Sublandlord any information reasonably requested by Master Landlord under the (in connection with Master Lease, acknowledges and agrees that it is familiar with, and has read and understands, all of the provisions Landlord's approval of this LeaseSublease) with respect to the nature and operation of Subtenant's business and/or the financial condition of Subtenant. 16.2 Sublandlord and Subtenant hereby agree, for the benefit of Master Landlord, that this Sublease and hereby consents Master Landlord's consent hereto shall not (a) create privity of contract between Master Landlord and Subtenant; (b) be deemed to this Lease as a sublease of the Premises under have amended the Master Lease and all of the terms and conditions contained in this Lease, any regard (including, without limitation, the paragraph immediately preceding the Summary). unless Master Landlord further agrees that shall have expressly agreed writing to such amendment); or (ac) in the event be construed as a waiver of the cancellation or termination Master Landlord's right to consent to any assignment of the Master Lease prior by Sublandlord or any further subletting of the Premises, or as a waiver of Master Landlord's right to consent to any assignment by Subtenant of this Sublease or any sub-subletting of the Premises or any part thereof. Master Landlord's consent shall, however, be deemed to evidence Master Landlord's agreement that Subtenant shall be entitled to waiver of claims and of the right of subrogation for damage to Master Landlord's property if and to the expiration date or earlier termination of this Lease (for any reason other than as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of extent that the Master Lease in all material respects, and shall simultaneously cause provides such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant waivers for the purpose benefit of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. Sublandlord. 16.3 If Master Landlord fails to perform consent to this Sublease within thirty (30) days after the Execution Date, either party shall have the right to terminate this Sublease by giving written notice thereof to the other at any of its obligations under the Master Leasetime thereafter, or if Landlord otherwise fails to cause but before Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute grants such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Eaconsent.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease (E Centives Inc)

Master Landlord’s Consent. The undersignedSublandlord and Subtenant expressly acknowledge and agree that this Sublease is subject to Master Landlord’s prior written consent to this Sublease, as on a form to be provided by Master Landlord under the that is reasonably acceptable to Sublandlord and Subtenant (“Master Lease, acknowledges and agrees that it is familiar withLandlord’s Consent”). Sublandlord shall use commercially reasonable efforts to obtain Master Landlord’s Consent, and has read Subtenant agrees to cooperate in all reasonable respects in connection therewith. Master Landlord’s Consent, unless waived by Subtenant in writing, shall provide that Master Landlord approves of the Alterations described in Exhibit D to this Sublease and understands, all of that the provisions of this Lease, and hereby consents to this Lease as a sublease of the Premises under the Master Lease and all of the terms and conditions contained in this Lease, (including, without limitation, the paragraph immediately preceding the Summary). Master Landlord further agrees that (a) in the event of the cancellation or termination Section 13.1 of the Master Lease relating to “Permitted Transfers” shall also be applicable to Subtenant. If Master Landlord’s Consent is not obtained within thirty (30) days after execution of this Sublease by both Subtenant and Sublandlord, then either Sublandlord or Subtenant may terminate this Sublease by giving written notice thereof to the other prior to receipt of Master Landlord’s Consent, and Sublandlord shall return to Subtenant any amounts delivered by Subtenant under this Sublease. Neither party shall have any liability to the expiration date other for any termination or earlier termination cancellation of this Lease (for any reason other than Sublease as a result of TenantMaster Landlord’s Default under failure or refusal to consent to this Lease)Sublease, unless such party by its willful act caused Master Landlord shall immediately either (A) recognize to refuse timely consent to this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with Sublease. Any fees charged by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting with the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure be at Sublandlord’s cost; provided that Subtenant shall within five (5) business days of demand, pay Sublandlord for any increase in such fees to the benefit not only extent specifically resulting from Subtenant’s request for approval for Alterations, signage or other special request made by Subtenant during the process of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to seeking Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (EaConsent.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease (Exelixis, Inc.)

Master Landlord’s Consent. The undersigned, as Sublessor and Sublessee acknowledge and agree that this Sublease is subject to the consent of Master Landlord under Article 17 of the Master Lease. Sublessor covenants, acknowledges warrants and agrees represents to Sublessee that it is familiar with, and the Master Landlord has read and understands, all waived its recapture right under Section 17.3 of the provisions of this Lease, and hereby consents to this Lease as a sublease of the Premises under the Master Lease and all has otherwise consented to the transaction contemplated by this Sublease, but has not yet approved the form of this Sublease as required by Section 17.4(f) of the Master Lease. In light of the Commencement Date, Sublessor and Sublessee nevertheless have agreed to execute this Sublease prior to Master Landlord’s approval of the form hereof. As such, Sublessor covenants and agrees that within one (1) business day after the Effective Date hereof, Sublessor shall deliver to Master Landlord a copy of this fully executed Sublease in order to obtain Master Landlord’s approval thereof. If, in response thereto, Master Landlord requires revision(s) to the Sublease, Sublessor immediately shall give Sublessee written notice of such required change(s) and Sublessor and Sublessee shall promptly and in good faith enter into a mutually agreeable amendment to this Sublease to incorporate such required change(s) of Master Landlord: provided, however, in no event shall either party be required to agree to any amendment that is inconsistent or in conflict with the terms of that certain Letter of Intent dated February 26, 2009, the terms of which Master Landlord has previously given its consent. Sublessor agrees to indemnify, defend and conditions contained hold Sublessee harmless against any and all claims by Master Landlord arising from or in connection with this Lease, (Sublease including, without limitation, Sublessee’s early entry into the paragraph immediately preceding the Summary). Master Landlord further agrees that (a) in the event of the cancellation or termination of the Master Lease prior to the expiration date or earlier termination of this Lease (for any reason other than Subleased Premises as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), herein or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with failure by Master Landlord (provided Tenant is not in Default under to have waived its recapture right or consent to this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (EaSublease.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease Agreement (Titan Pharmaceuticals Inc)

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Master Landlord’s Consent. The undersignedIt is understood and agreed by the Parties that the effectiveness of this Sublease is subject to the delivery of the written consent of the Master Landlord pursuant to the Master Lease in form reasonably acceptable to Master Landlord, Sublandlord and Subtenant. Sublandlord and Subtenant agree to cooperate with each other to obtain such consent and Subtenant will provide such documents as Master Landlord reasonably requests including all financial information in a timely manner. Sublandlord shall pay any fee or charge which is imposed by Master Landlord in connection with this Sublease and Master Landlord's Consent. If Master Landlord's Consent hereto has not been received by Subtenant within forty five (45) days subsequent to the date this Sublease is fully executed, (“Consent Receipt Date”), this Sublease shall terminate without any further action required by either the Sublandlord or Subtenant. Sublandlord, and Subtenant may mutually agree to extend the Consent Receipt Date through amendment to this Sublease. Each of Sublandlord and Subtenant represents that it has the power and authority to enter into this Sublease and that, except for Master Landlord's consent, no other consents or authorizations are required for the effectiveness of this Sublease. Sublandlord hereby acknowledges to Master Landlord that, notwithstanding this Sublease, Sublandlord shall in no way be released or relieved, in whole or in part, from Sublandlord's covenants as “Tenant” under the Master Lease, acknowledges and agrees that it is familiar with. Sublandlord retains its right to withdraw the request for consent, and has read and understandsall other rights, all of the provisions of this Lease, and hereby consents to this Lease as a sublease of the Premises under the Master Lease and all of the terms and conditions contained in this Lease, (including, without limitation, the paragraph immediately preceding the Summary). Master Landlord further agrees that (a) in the event of the cancellation or termination of the Master Lease prior to the expiration date or earlier termination of this Lease (for any reason other than as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon ; provided Subtenant has made the terms and conditions payments set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assignsin, and shall bind and apply to Master Landlord’s heirsin accordance with, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (EaSection 12.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease Agreement

Master Landlord’s Consent. The undersignedThis Sublease and the obligations of the parties hereunder are expressly conditioned upon Sublandlord’s obtaining prior written consent hereto by Master Landlord, as Subtenant must promptly deliver to Sublandlord any information reasonably requested by Master Landlord under the (in connection with Master Lease, acknowledges and agrees that it is familiar with, and has read and understands, all of the provisions Landlord’s approval of this LeaseSublease) with respect to the nature and operation of Subtenant’s business and/or the financial condition of Subtenant. Sublandlord and Subtenant hereby agree, for the benefit of Master Landlord, that this Sublease will not (a) create privity of contract between Master Landlord and hereby consents Subtenant; (b) be deemed to this Lease as a sublease of the Premises under have amended the Master Lease and all of the terms and conditions contained in this Lease, any regard (including, without limitation, the paragraph immediately preceding the Summary). unless Master Landlord further agrees that will have expressly agreed in writing to such amendment); or (ac) in the event be construed as a waiver of the cancellation or termination Master Landlord’s right to consent to any assignment of the Master Lease prior by Sublandlord or any further subletting of the Master Premises, or as a waiver of Master Landlord’s right to the expiration date or earlier termination consent to any assignment by Subtenant of this Lease (Sublease or any sub-subletting of the Premises or any part thereof. Sublandlord and Subtenant agree, for any reason other than as a result the benefit of Tenant’s Default under this Lease)Master Landlord, that Master Landlord shall immediately either (A) recognize this Lease not bear responsibility for any delay in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution commencement of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this LeaseSublease term. If Master Landlord fails to perform any of its obligations under consent to this Sublease within twenty (20) days after the Master LeaseEffective Date, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant either party shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of the right to terminate this Master Landlord’s Consent shall inure Sublease by giving written notice thereof to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, other at any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Eatime thereafter.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sub Sublease Agreement (Enernoc Inc)

Master Landlord’s Consent. The undersigned16.1 This Sublease and the obligations of the parties hereunder are expressly conditioned upon Sublandlord’s obtaining prior written consent of this Sublease by Master Landlord. Sublandlord and Subtenant shall cooperate in good faith to endeavor to enter into a commercially reasonable agreement satisfactory to Master Landlord, as Sublandlord and Subtenant to evidence Master Landlord’s consent. Subtenant shall promptly deliver to Sublandlord any information reasonably requested by Master Landlord under the (in connection with Master Lease, acknowledges and agrees that it is familiar with, and has read and understands, all of the provisions Xxxxxxxx’s approval of this LeaseSublease) with respect to the nature and operation of Subtenant’s business and/or the financial condition of Subtenant, provided such information is kept confidential. The Sublandlord’s legal fees and Master Landlord review of Sublease fees and cost payable in connection with this Sublease shall be at Sublandlord’s sole cost and expense. 16.2 Sublandlord and Subtenant hereby consents agree, for the benefit of Master Landlord, that this Sublease and Master Landlord’s consent hereto shall not (a) create privity of contract between Master Landlord and Subtenant; (b) be deemed to this Lease as a sublease of the Premises under have amended the Master Lease and all of the terms and conditions contained in this Lease, any regard (including, without limitation, the paragraph immediately preceding the Summary). unless Master Landlord further agrees that shall have expressly agreed in writing to such amendment); or (ac) in the event be construed as a waiver of the cancellation or termination Master Landlord’s right to consent to any assignment of the Master Lease prior by Sublandlord or any further subletting of the Master Premises, or as a waiver of Master Xxxxxxxx’s right to consent to any assignment by Subtenant of this Sublease or any sub-subletting of the Premises or any part thereof. Master Xxxxxxxx’s consent shall, however, be deemed to evidence Master Xxxxxxxx’s agreement that Subtenant shall be entitled to waiver of claims and of the right of subrogation for damage to Master Xxxxxxxx’s property if and to the expiration date or earlier termination extent that the Master Lease provides such waivers for the benefit of Sublandlord. 16.3 If Master Xxxxxxxx fails to consent to this Lease Sublease within thirty (for 30) days after the Execution Date, either party shall have the right to terminate this Sublease by giving written notice thereof to the other at any reason other than as a result of Tenant’s Default under this Lease)time thereafter, but before, Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under grants such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Eaconsent.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease (Biomea Fusion, Inc.)

Master Landlord’s Consent. The undersigned, as This Sublease is not and shall not be effective unless and until Master Landlord provides its consent to this Sublease under Section 14.1 [Transfers] of the Master Lease and this Section 3 (“Master Landlord’s Consent”). If Master Landlord’s Consent has not been received within sixty (60) days after the Effective Date despite Sublandlord’s commercially reasonable efforts to obtain same, Sublandlord or Subtenant may terminate this Sublease by written notice thereof delivered to the other party at any time prior to receipt of Master Landlord’s Consent and in such event neither party shall have any obligations to the other party under this Sublease, except that Sublandlord shall refund to Subtenant any Base Rent (as defined below) paid by Subtenant to Sublandlord and return the Letter of Credit delivered by Subtenant to Sublandlord. Sublandlord shall request Master Landlord’s consent to this Sublease no later than the date that is two (2) Business Days following the full execution and delivery of this Sublease by Subtenant and Sublandlord. Subtenant shall reasonably cooperate with Sublandlord to obtain Master Landlord’s Consent, including by providing Master Landlord with financial information and other information requested by Master Landlord and by executing the Master Landlord’s Consent as required. Subtenant shall promptly (and in any event prior to the date due under the Master Lease) pay all administrative fees, acknowledges costs and agrees that it is familiar withexpenses (including those incurred prior to the Effective Date) charged by Master Landlord in connection with obtaining Master Landlord’s Consent, and has read and understands, all including fees charged by Master Landlord pursuant to Section 14.1 [Transfers] of the provisions Master Lease. Subtenant shall not request of this Lease, and hereby consents Master Landlord any rights or terms in connection with Master Landlord’s Consent that could constitute an amendment to this Lease as a sublease or modification or waiver of the Premises under any term or provision of the Master Lease and all of the terms and conditions contained in this Lease, (including, without limitation, the paragraph immediately preceding the Summary). Master Landlord further agrees that (a) in the event of the cancellation or termination of the Master Lease prior to the expiration date or earlier termination of this Lease (for any reason other than as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease it shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, reasonable for Subtenant to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall fail to execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent on such basis. Without limiting the generality of the foregoing, Subtenant shall inure not request of Master Landlord (and it shall not be reasonable for Subtenant to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply fail to execute Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Consent if the Master Landlord), and Master Landlord and Landlord ’s Consent does not provide) that: (i) Subtenant shall execute such documents reasonably requested by Tenant have the right to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Ea.) 31st floor roof The system distributes condenser water from the 31st floor roof down make Cosmetic Alterations to the 4th floor. Distribution pipes run vertically through Premises in accordance with Section 8.1 [Landlord’s Consent to Alterations] of the north air shafts, except on Master Lease; (ii) Subtenant shall have the 18th floor where benefits of Section 14.7 [Deemed Consent Transfers] of the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both Master Lease; (iii) Subtenant shall have the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights right to use the Conduits Storage Space pursuant to Section 29.47 [Storage] of the Master Lease; (iv) Subtenant shall be subordinate to the have all exterior signage rights granted prior hereto under to Sublandlord pursuant to Article 23 [Signage] of the following “footprint” leases between Landlord and Master Lease; or (v) Subtenant have any other right hereunder that is expressly made subject to a contrary provision of the following tenants at the Building:Master Landlord’s Consent (e.g., as provided in Section 7.1(v)).

Appears in 1 contract

Samples: Sublease (Twilio Inc)

Master Landlord’s Consent. The undersigned, as 9.1 This Sublease and the obligations of the parties hereunder are expressly conditioned upon (a) Master Landlord under Landlord’s delivery of its unconditional consent to this Sublease pursuant to Section 13 of the Master Lease, acknowledges ; and agrees that it is familiar with, and has read and understands, all (b) Sublandlord not receiving notice from the Master Landlord within 30 days after Sublandlord delivers a Sublease Notice (as defined in Section 13.d. of the provisions of this Master Lease, and hereby consents to this Lease as a sublease of the Premises under the Master Lease and all of the terms and conditions contained in this Lease, (including, without limitation, the paragraph immediately preceding the Summary). ) that Master Landlord further agrees that (a) in the event elects to exercise any of the cancellation Master Landlord’s rights under Section 13.a. or termination 13.b. of the Master Lease prior (collectively, “Master Landlord’s Consent”). Subtenant shall promptly deliver to Sublandlord any information reasonably requested by Master Landlord (in connection with Master Landlord’s approval of this Sublease) with respect to the expiration date or earlier termination nature and operation of Subtenant’s business and/or the financial condition of Subtenant. 9.2 Sublandlord and Subtenant hereby agree that this Lease Sublease will not (for any reason other than as a result a) create privity of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease contract between Master Landlord and Tenant Subtenant; (upon all b) be deemed to have amended the Master Lease in any regard (unless Master Landlord will have expressly agreed in writing to such amendment); or (c) be construed as a waiver of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Master Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter right to be performed, including, without limitation, with respect consent to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms assignment of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the by Sublandlord or as a waiver of Master Landlord’s obligations under right to consent to any assignment by Subtenant of this Lease (such that Sublease or any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy sub-subletting of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with by Master Landlord (provided Tenant is not in Default under this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. part thereof. 9.3 If Master Landlord fails to perform any of its obligations under provide the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to Sublandlord within 30 days after the benefit not only of Tenant, but also of date Sublandlord delivers its heirs, personal representatives, successors and assigns, and shall bind and apply Sublease Notice to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of provided Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (Ea.) 31st floor roof The system distributes condenser water from the 31st floor roof down ’s Consent has not been obtained subsequent to the 4th floor. Distribution pipes run vertically through expiration of such 30-day period, then either Sublandlord or Subtenant shall have the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors right to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To terminate this Sublease be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition giving written notice thereof to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that at any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:time thereafter.

Appears in 1 contract

Samples: Sublease (Salt Blockchain Inc.)

Master Landlord’s Consent. The undersigned, as Sublessor and Sublessee acknowledge and agree that this Sublease is subject to the consent of Master Landlord under Article 17 of the Master Lease. Sublessor covenants, acknowledges warrants and agrees represents to Sublessee that it is familiar with, and the Master Landlord has read and understands, all waived its recapture right under Section 17.3 of the provisions of this Lease, and hereby consents to this Lease as a sublease of the Premises under the Master Lease and all has otherwise consented to the transaction contemplated by this Sublease, but has not yet approved the form of this Sublease as required by Section 17.4(f) of the Master Lease. In light of the Commencement Date, Sublessor and Sublessee nevertheless have agreed to execute this Sublease prior to Master Landlord’s approval of the form hereof. As such, Sublessor covenants and agrees that within one (1) business day after the Effective Date hereof, Sublessor shall deliver to Master Landlord a copy of this fully executed Sublease in order to obtain Master Landlord’s approval thereof. If, in response thereto, Master Landlord requires revision(s) to the Sublease, Sublessor immediately shall give Sublessee written notice of such required change(s) and Sublessor and Sublessee shall promptly and in good faith enter into a mutually agreeable amendment to this Sublease to incorporate such required change(s) of Master Landlord; provided, however, in no event shall either party be required to agree to any amendment that is inconsistent or in conflict with the terms of that certain Letter of Intent dated February 26, 2009, the terms of which Master Landlord has previously given its consent. Sublessor agrees to indemnify, defend and conditions contained hold Sublessee harmless against any and all claims by Master Landlord arising from or in connection with this Lease, (Sublease including, without limitation, Sublessee’s early entry into the paragraph immediately preceding the Summary). Master Landlord further agrees that (a) in the event of the cancellation or termination of the Master Lease prior to the expiration date or earlier termination of this Lease (for any reason other than Subleased Premises as a result of Tenant’s Default under this Lease), Master Landlord shall immediately either (A) recognize this Lease in writing as a direct lease between Master Landlord and Tenant (upon all of the terms and conditions set forth in this Lease) and attorn to Tenant hereunder and perform all of Landlord’s covenants, duties, liabilities and obligations under this Lease thereafter to be performed, including, without limitation, with respect to any continuing defaults (and by execution of this Lease, Tenant hereby agrees, under such circumstances, to recognize this Lease as a direct Lease between Master Landlord and attorn to Master Landlord hereunder), herein or (B) enter into a new Master Lease with a third party which is affiliated with Master Landlord (a “Substitute Tenant”) (subject to Section 23.19 of this Lease) on terms substantially similar to the terms of the Master Lease in all material respects, and shall simultaneously cause such Substitute Tenant to assume in writing the Landlord’s obligations under this Lease (such that any such Substitute Tenant would become the Landlord under this Lease), and (b) in the event of any such recognition or new lease, Tenant’s possession, use and occupancy of the Premises under this Lease, and Tenant’s rights and remedies under this Lease shall not be disturbed or interfered with failure by Master Landlord (provided Tenant is not in Default under to have waived its recapture right or consent to this Lease), subject, however, to Master Landlord’s (or Substitute Tenant’s, as the case may be) rights and remedies under this Lease (as landlord) in the event of such recognition and attornment or new lease, as the case may be (and, without limiting the foregoing, Master Landlord will not join Tenant as a party defendant for the purpose of terminating Landlord’s interest and estate under the Master Lease). Master Landlord, Landlord and Tenant shall execute such documents as may be reasonably necessary to effectuate such direct lease and/or new Master Lease upon the terms and conditions set forth hereinabove. By execution of this Lease, Landlord hereby assigns and transfers to Master Landlord Landlord’s interest in all rentals and income arising therefrom; provided, however, that until a default shall occur in the performance of Landlord’s obligations as tenant under the Master Lease, Master Landlord agrees that Landlord may receive, collect and enjoy the rents accruing under this Lease. In no event shall the Master Lease be amended so as to adversely affect Tenant’s rights or remedies under this Lease, or increase any of Tenant’s duties, covenants, obligations, liabilities, costs or expenses under this Lease. If Master Landlord fails to perform any of its obligations under the Master Lease, or if Landlord otherwise fails to cause Master Landlord to perform the obligations required under this Lease (including, without limitation, as a result of any bankruptcy proceeding), then, without limiting any of Tenant’s other rights or remedies, Tenant shall be subrogated to any rights and/or claims Landlord may have against Master Landlord and/or any of the Master Landlord Parties in connection therewith (and, without limiting the foregoing, Tenant shall have all other subrogation and similar rights as may be available at law and/or in equity). The provisions of this Master Landlord’s Consent shall inure to the benefit not only of Tenant, but also of its heirs, personal representatives, successors and assigns, and shall bind and apply to Master Landlord’s heirs, personal representatives, successors and assigns (including, without limitation, any lenders of Master Landlord), and Master Landlord and Landlord shall execute such documents reasonably requested by Tenant to evidence the same. XXXXX REIT ONE WILSHIRE LP, a Delaware limited partnership By: Xxxxx REIT One Wilshire GP LLC, a Delaware limited liability company By: Name: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Its: Manager Cooling Tower 5 Evapco 600 Tons (EaSublease.) 31st floor roof The system distributes condenser water from the 31st floor roof down to the 4th floor. Distribution pipes run vertically through the north air shafts, except on the 18th floor where the pipes traverse Suite 1810. Manifolds are located on various floors to distribute condenser water to users on those floors. Both the supply and return pipe ranges in size from 14” to 8”. Pump 6 Xxxxxxxxx 1,800 GPM 31st floor roof CT Basin Cleaner 5 Lakos 825 gpm w/ 40 micron filter bags 31st floor roof Bus Duct U-5 GE Spectra Series 5000 amp/480v 3rd floor roof & electric closets on each floor 5000 amp / 480v bus running from the 3rd floor roof, vertically through electrical closets on each floor. Bus connects to 5000amp 480v Electronic Transfer Switch located on the 3rd floor roof. Provide back up power to Utility Bus Duct 5, via ATS. Back-up Generator 2 Catapillar 2.2 MW (3050amps @ 480V) Equipment pad on surface lot Fuel Storage Tank 1 — 8,000 Gallon Diesel Fuel Tank Equipment pad on surface lot Cooling Tower XXX XXX TBD 3rd floor roof To be built in conjunction with 1st and 2nd floor IDC space. System will provide cooling to CRG West leased space. In addition to the foregoing conduits (and without limiting the foregoing), the Conduits shall also include all existing conduits to the extent to which they terminate (a) solely within the Premises, (b) only within the Premises after entering the Building, (c) within the Premises and a Building point of entry, or (d) within the Premises and upon or immediately beneath the Building roof or other exterior Building penetration. The parties acknowledge that any rights to conduit set forth herein are subordinate to any rights of use granted to third parties prior to the date hereof. Further, and without limiting the foregoing, Tenant’s rights to use the Conduits shall be subordinate to the rights granted prior hereto under the following “footprint” leases between Landlord and the following tenants at the Building:

Appears in 1 contract

Samples: Sublease Agreement (Anesiva, Inc.)

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