MODIFICATIONS TO MASTER LEASE. Sublandlord shall not amend or modify the Master Lease in such a manner as to adversely affect Subtenant's use of the Sublease Premises or increase the obligations or decrease the rights of Subtenant hereunder, without the prior written consent of Subtenant, which may be granted or withheld at Subtenant's sole discretion.
MODIFICATIONS TO MASTER LEASE. With respect to the Equipment described on this Schedule, the Master Lease shall be modified as follows:
(a) The following shall be inserted as the penultimate sentence of Section 11 of the Master Lease ("Use; Alterations"): Title to all such alterations, additions, modifications or improvements shall immediately, and without further act, vest in Lessor and thereupon shall be deemed to constitute Items of Equipment and be fully subject to this Lease as if originally leased hereunder.
(b) The following shall be inserted as the penultimate sentence of Section 12 of the Master Lease ("Repairs and Maintenance"): Title to such replacement part shall immediately (and without further act) vest in Lessor upon installation, attachment or incorporation of the same in, on or into such Item of Equipment and thereupon shall be deemed to constitute an Item of Equipment and be fully subject to this Lease as if originally leased hereunder.
(c) As used in Section 22(a) of the Master Lease ("Events of Default"), the term "Event of Default" shall also mean any of the following events: (1) a change in control occurs in Lessee or any Guarantor; or (2) the death or dissolution of Lessee or any Guarantor.
MODIFICATIONS TO MASTER LEASE. In addition to the modifications set forth in Section 5 hereof, with respect to the Equipment described on this Schedule, the Master Lease shall be modified as follows:
(a) The following shall be inserted as the penultimate sentence of Section 11 of the Master Lease ("Use; Alterations"): All such alterations, additions, modifications or improvements immediately, and without further act, shall be deemed to constitute items of Equipment and be fully subject to this Lease as if originally leased hereunder.
(b) The following shall be inserted as the penultimate sentence of Section 12 of the Master Lease ("Repairs and Maintenance"): Upon installation, attachment or incorporation in, on or into such item of Equipment, such replacement part immediately, and without further act, shall be deemed to constitute an item of Equipment and be fully subject to this Lease as if originally leased hereunder.
(c) Section 16(b) of the Master Lease ("Loss of or Damage to Equipment") is hereby amended to delete subsection "(3)" and substitute the following in its place:
MODIFICATIONS TO MASTER LEASE. With respect to the Equipment described on this Schedule, the Master Lease shall be modified as follows:
(a) Section 12 of the Master Lease ("Repairs and Maintenance") is hereby deleted in its entirety and replaced with the following: Lessee, at Lessee's own cost and expense, shall (a) keep the Equipment in good repair, good operating condition and working order and in compliance with the manufacturer's specifications and Lessee's standard practices (but with respect to the latter, in no event less than industry practices), and (b) maintain, service and repair the Equipment as otherwise required herein in accordance with Lessee's and manufacturer's standard operating maintenance procedures subject to a sen-d-annual inspection by a manufacturer certified service representative who shall provide a written report of his/her findings. Upon Lessor's request, Lessee shall furnish Lessor with a copy of the written report prepared by such service representative. Lessee, at its own cost and expense and within a reasonable period of time, shall replace any part of any Item of Equipment that becomes unfit or unavailable for use from any cause with a replacement part of the same manufacture, value, remaining useful life and utility as the replaced part immediately preceding the replacement (assuming that such replaced part was in the condition required by this Lease). Such replacement part shall immediately, and without further act, be deemed to constitute an Item of Equipment and be fully subject to this Lease as if originally leased hereunder, and shall be free and clear of all Liens.
(b) Section 22(b)(7) of the Master Lease ("Events of Default; Remedies"), is hereby amended by adding the following after the first parenthetical "demand that Lessee forthwith return all Items of Equipment to Lessor in the manner and condition required by Section 22(b)(5) hereof and in addition". ________________________________________________________________________________ MISCELLANEOUS TERMS & CONDITIONS ________________________________________________________________________________
MODIFICATIONS TO MASTER LEASE. (a) The definition of Consolidated EBITDAR in Exhibit A of the Master Lease is hereby deleted in its entirety and the following is inserted in lieu thereof:
MODIFICATIONS TO MASTER LEASE. With respect to the Equipment described on this Schedule, the following modifications are hereby made to the Master Lease:
(a) Section 4(z) of the Master Lease ("Definitions") is hereby deleted in its entirety and the following is substituted in its place:
MODIFICATIONS TO MASTER LEASE. In addition, the following provisions of the Master Lease, as incorporated herein, shall be deemed modified as follows:
(1) The provisions of Paragraph THIRTY-EIGHTH of the Base Lease, as amended, with respect to the determination of Subtenant’s obligations pursuant to Paragraph 2.B hereof;
(2) The provisions of Paragraph THIRTY-NINTH of the Base Lease, as amended, with respect to the determination of Subtenant’s obligations pursuant to Paragraph 2.B hereof;
(3) The floor plans attached as Exhibits to the Base Lease relating solely to floors 6 and 7
MODIFICATIONS TO MASTER LEASE. With respect to the Equipment described on this Schedule, the Master Lease shall be modified as follows:
(a) Section 31 of the Master Lease ("Representations and Warranties of Lessee"), is hereby amended by adding the following additional representation: Lessee has conducted a comprehensive review and assessment of the Lessee's computer applications and made inquiry of the Lessee's key suppliers, vendors and customers with respect to the "year 2000 problem" (that is, the risk that computer applications may not be able to properly perform date-sensitive functions after December 31, 1999) and based on that review and inquiry, the Lessee does not believe the year 2000 problem will result in a material adverse change in the Lessee's business condition (financial or otherwise), operations, properties or prospects, or ability to perform the obligations of Lessee under this Lease.
MODIFICATIONS TO MASTER LEASE. 5.1. The parties agree that the following provisions of the Master Lease are, for the purposes of this Sublease, hereby deleted: Sections 1.3, 1.4, 1.6, 1.7, 1.8, 1.9, 1.12, 1.13, 1.15, 1.17, 1.18, all of Section 2, 3, 4, 5.1, 5.2, 5.6, 6, 12.2, 13, 19, 36, 40, 45; Exhibit A, B and C.
5.2. The parties agree that the following provisions of the Master Lease are, for the purposes of this Sublease, hereby modified: Sections 7.3 to the extent that Subtenant shall not undertake any Alterations without Sublandlord’s approval.
Section 9.1.1 to require Subtenant to name Sublandlord and Owner as additional insureds on Subtenant’s commercial general liability coverage; Section 44 (Parking) as modified hereinafter.
5.3. Sections 5.3 and 5.4 are hereby modified to provide that Subtenant shall be responsible for paying Subtenant’s proportionate share of Sublandlord’s Proportionate Share of the Operating Costs, as set forth herein in Section 3.2.
5.4. The remaining provisions of said Master Lease shall, for the purposes of this Sublease to the extent applicable to the Sublease Premises and to the extent that same are applicable, remain in full force and effect as between Sublandlord and Subtenant, except as said provisions have been otherwise amended or modified by this Sublease. Should there be any conflict between the terms of this Sublease as specifically set out herein and the terms of the Master Lease which are incorporated herein by reference, the terms specifically set out herein shall control, however, any right granted to Subtenant by this Sublease Agreement shall be limited to the breadth and scope of those rights as conferred by the Master Lease.
5.5. Subtenant shall have the right to use up to eighteen (18) parking spaces in the parking lot adjacent to the Building.
MODIFICATIONS TO MASTER LEASE. (a) Section 8.2.5.
