Common use of Obligations of Sublessor Clause in Contracts

Obligations of Sublessor. The only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in the event of Sublessor’s breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligation, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtained.

Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable , including, without limitation: (a) upon Sublessee’s written request, immediately notifying Master Lessor of its nonperformance under the Master Lease and request that Master Lessor perform its obligations under the Master Lease and (b) permitting Sublessee to commence legal action in Sublessor’s name to obtain the performance required from Master Lessor under the Master Lease, so long as Sublessee indemnifies and holds Sublessor harmless from any performance such action including attorney’s fees and costs, provided Sublessee shall reimburse Sublessor for all reasonable costs incurred by Master LessorSublessor in such efforts, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in the event of Sublessor’s breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability Claims whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ fees incurred in defending against same. , With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligationSublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from by “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtained.

Obligations of Sublessor. The only services Sublessor agrees to duly observe and perform all those obligations imposed on the Lessee under the master Lease to the extent that such obligations are not provided in this Sublease to be observed or performed by Sublessee. Sublessee shall have the right at any time, at the expense of Sublessor, to take any action required to be taken, but not timely taken, by Sublessor, which may be necessary to prevent a default under the terms of the Master Lease. Further, Sublessor agrees not to amend, modify or surrender the Master Lease without the prior written consent of Sublessee, and any amendment, modification or surrender made without such consent shall be null and void as to Sublessee. Sublessor grants to Sublessee all rights and benefits with respect to which the premises described in the Master Lease that are granted to Sublessor under the terms of the Master Lease. So long as Sublessee is entitled hereunder from Master Lessor are those not in default of any provision of this Sublease, Sublessor shall be obligated to which Sublessor is entitled perform all its obligations under the Master Lease, and for all such services and rights during the term of this Sublease Sublessee shall look solely to have quiet and undisturbed possession and enjoyment of the premises. Sublessor further represents and warrants that the Master Lessor Lease is in full force and effect and that there are no defaults on Sublessor's part under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain nor have any performance by Master Lessorevents occurred Address: GREAT WESTERN REAL ESTATE Great Western Bank SUBLESSOR ATTN: Lease Administration 9200 Xxxxxxx Xxxxxx, Sublessor hereby assigns to Sublessee the right to seek to obtain such performanceXxxxxx Xxxxx Xxxxxxxxxx, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in the event of Sublessor’s breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage XX 00000 (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligation, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000008) 000-0000 BY: --------------------- H. Arthxx Xxxx Vice President DATE: Address: STERI-OSS, INC. Steri-Oss, Inc. SUBLESSEE 22890 Xxxx Xxxx Xxxxx Xxxxx Xxxxx, XX 00000 BY: --------------------- Ken X. Xxxxxxxx President DATE: FIRST AMENDMENT TO LEASE That certain lease dated July 14, 1987 by and Sublessee shall have two (2) fewer days than between Koll Xxxbx Xxxxx Xxxociates and Patrician Associates, as Tenant in Common dba KBC Savi, Landlord, and Great Western Real Estate, Tenant, for the number premises located at 22890 Xxxx Xxxx Xxxxx, Xxxxx Xxxxx, XX 00000, xx amended this 22nd day of days specified in such notice or December, 1992 solely as hereinafter described. Effective the number 6th day of days to perform as provided January, 1993 the clauses below are substituted for like numbered clauses in the Master LeaseLease agreement. With respect Landlord and Tenant agree that Exhibit 'C" of the above referenced lease dated July 14, 1987, referred to any monetary obligation as 'Option to Renew" shall be deleted in its entirety. All other terms and conditions of Sublessee to be performed under this Sublease, Sublessee said Lease shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor remain in full force and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtainedeffect.

Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s Xxxxxx's termination of the Sublessor’s 's interest as Lessee under the Master Lease in the event of Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ ' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligationSublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “by "Landlord” " under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s Xxxxxx's consent is not obtained.

Obligations of Sublessor. The only services or rights Sublessor agrees to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under make all the payments as provided for in the Master LeaseLease in accordance with its terms, and for to comply with or perform all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee Tenant under the Master Lease that Sublessee has not assumed under this Sublease. Sublessor further agrees that Sublessee has the optional right, at Sublessee’s sole discretion, to make any payment, in any amount, to the event of Landlord if Sublessor defaults on any payment to the Landlord. Sublessor also agrees that Sublessee may choose at Sublessee’s sole discretion, to cure Sublessor’s default under Sublessor’s breach of the Master Lease after providing notice to Sublessor of its intentions to do so. All Sublessee’s costs, expenses and payments paid or incurred by Sublessee in curing such default shall be refunded by Sublessor to Sublessee within thirty (30) days following notice from Sublessee. If Sublessor has not refunded such costs within thirty (30) days after written notice from Sublessee, and provided Sublessee has not caused the defaults under this Sublease or the Master Lease, and the unpaid amount may be deducted from Sublessee’s payments which are obligated to pay to Sublessor by Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage under the Sublease. In the event that (unless such damage is caused by i) Sublessor’s breach default under the Master Lease results in the termination of the Master LeaseLease and (ii) includingsuch default is not caused in whole or in part by the action or inaction of the Sublessee, without limitation, all costs and attorneys’ fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligation, when shall terminate as of the date of termination of the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and Sublessee shall have two (2) fewer days than no further obligation to pay the number unpaid balance of days specified in such notice the Rent. If, as a result of any breach or the number of days to perform as provided default by Sublessor in the performance of any of the provisions of this Sublease and/or Master Lease. With respect Lease (whether or not such default is later cured), Sublessee uses the services of an attorney in order to any monetary obligation of Sublessee secure compliance with such provisions or recover damages therefore, or to be performed under terminate this Sublease, Sublessor shall reimburse Sublessee shall make upon demand for any and all reasonable attorney’s fees, costs and expenses so incurred by Sublessee. Sublessor further agrees to pay interest at the payments on or before rate of ten percent (10%) per annum from the date that such payment is due. With respect of default to approval required the date of the cure on any amount determined to be obtained from “Landlord” under the Master Leasea breach of this Sublease, whether or not such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent default is not obtainedlater cured by Sublessor.

Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable Such reasonable good faith efforts shall include, without limitations, upon Sublessee's request, (a) immediately notifying Master Landlord of its non-performance under the Master Lease and requesting that Master Landlord perform its obligations under the Master Lease and/or (b) assigning Sublessor's rights under the Master Lease to Sublessee to the extent necessary to permit Sublessee to institute legal proceedings against Master Landlord to obtain any the performance of Master Landlord's obligations under the Master Lease; provided, however, that if Sublessee commences a lawsuit or other action, Sublessee shall pay all costs and expenses incurred in connection therewith, and Sublessee shall indemnify Sublessor against, and hold Sublessor harmless from, all costs and expenses incurred by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessorin connection therewith. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s 's termination of the Sublessor’s 's interest as Lessee under the Master Lease in the event of Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ ' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligation, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtained.

Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s 's termination of the Sublessor’s 's interest as Lessee under the Master Lease in the event of Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ ' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligationSublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and no event will Sublessee shall have less than two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is dueperform. With respect to approval required to be obtained from “by "Landlord” " under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s 's consent is not obtained.

Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using due diligence and its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any Such due diligence and good faith efforts shall include (a) upon Sublessee’s written request, promptly notify Master Lessor of its non-performance by under the Master Lease, and requesting that Master Lessor perform its obligations under the Master Lease, and (b) upon Subtenant’s written request, if Master Lessor’s non-performance continues beyond any applicable cure periods provided in the Master Lease, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal commencing a lawsuit or other action against Master LessorLessor to obtain the performance required from Master Lessor under the Master Lease. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s termination of the Sublessor’s interest as Lessee under the Master Lease in the event of Sublessor’s breach of the Master Lease. Each party (the “Indemnifier”) shall defend, and Sublessee shall indemnify and hold Sublessor the other (the “Indemnified”) harmless from and against any and all damages, claims and liability whatsoever or costs (save for any such damage (unless such damage is caused claims, damages or costs arising from consequential damages or damages for loss of profit) including attorneys’ fees incurred by Sublessorthe Indemnified from the Indemnifier’s breach of the Master Lease) including, without limitation, all costs and attorneys’ fees incurred in defending against same. With respect to any obligation of Sublessee to be performed Each party’s obligations under this Sublease other than a monetary obligation, when section shall survive the Master Lease grants Sublessor a specific number termination of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the number of days to perform as provided in the Master Lease. With respect to any monetary obligation of Sublessee to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is due. With respect to approval required to be obtained from “Landlord” under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s consent is not obtained.

Obligations of Sublessor. The Notwithstanding anything herein contained, the only services or rights to which Sublessee is entitled hereunder from Master Lessor are those to which Sublessor is entitled under the Master Lease, and for all such services and rights Sublessee shall look solely to the Master Lessor under the Master Lease, and the obligations of Sublessor hereunder shall be limited to using its reasonable good faith efforts to obtain the performance by Master Lessor of its obligations. Should Sublessor be unable to obtain any performance by Master Lessor, Sublessor hereby assigns to Sublessee the right to seek to obtain such performance, such right to include legal action against Master Lessor. Sublessor shall have no liability to Sublessee or any other person for damage of any nature whatsoever as a result of the failure of Master Lessor to perform said obligations except for Master Lessor’s Xxxxxx's termination of the Sublessor’s 's interest as Lessee under the Master Lease in the event of Sublessor’s 's breach of the Master Lease, and Sublessee shall indemnify and hold Sublessor harmless from any and all claims and liability whatsoever for any such damage (unless such damage is caused by Sublessor’s breach of the Master Lease) including, without limitation, all costs and attorneys’ ' fees incurred in defending against same. With respect to any obligation of Sublessee to be performed under this Sublease other than a monetary obligationSublease, when the Master Lease grants Sublessor a specific number of days to perform its obligations thereunder, Sublessee shall have two (2) fewer days to perform, provided that if Sublessor is in receipt of . When the Master Lease grants the Master Lessor a notice of default from Master Lessor, Sublessor agrees to promptly transmit such notice by facsimile to Sublessee, attention: Xxxx Xxxxxxx at (000) 000-0000 and Sublessee shall have two (2) fewer days than the number of days specified in such notice or the specific number of days to perform as provided in its obligations thereunder, to the Master Lease. With respect extent Sublessor is obligated to any monetary obligation of Sublessee perform such obligations, Sublessor shall have five (5) additional days to be performed under this Sublease, Sublessee shall make the payments on or before the date that such payment is dueperform. With respect to approval required to be obtained from “by "Landlord” " under the Master Lease, such consent must be obtained from Master Lessor and Sublessor and the approval of Sublessor may be withheld if Master Lessor’s Xxxxxx's consent is not obtained.