Original Master Lease. Section 1.3.1 This Lease shall govern and control as to all events, acts, omissions, liabilities and obligations relating to the Leased Properties first occurring, arising or accruing from and after the Effective Date.
Section 1.3.2 Without limitation of the other provisions of this Section 1.3 or the provisions of Section 1.4 hereof, the terms of the Original Master Lease shall continue to govern and control as to all events, acts, omissions, liabilities and obligations occurring, arising and accruing prior to the Effective Date, provided that, in the event that (1) prior to the Effective Date, (a) a default or breach of the terms of the Original Master Lease, as the same affects the Leased Properties under this Lease, shall have occurred, (b) any act, event or omission to act shall have occurred, or circumstance shall have arisen, relative to any Legal Requirement, Authorization, Permitted Encumbrance or Superior Lease (each as defined in Section 2.1 below) affecting any of the Leased Properties that is or is potentially adverse to Lessor or Tenant, or (c) any casualty or condemnation shall have occurred relative to any of the Leased Properties and (2) as of the Effective Date, such default or breach remains uncured or such act, event, omission to act or circumstance continues to be adverse or potentially adverse to Lessor or Tenant or such casualty or condemnation has not been fully repaired and restored with all claims on account thereof finally settled and paid and with the affected Leased Property re-opened for use in accordance with its Primary Intended Use (as defined in Section 7.2.2 hereof) and the other provisions of this Lease, the provisions of this Lease relative to cure periods, whether and when an Event of Default shall be deemed to have occurred, rights and remedies on account of any breach or default or Event of Default, contest rights, Lease enforcement rights, casualty, condemnation, insurance and indemnification shall govern and control. Subject to the foregoing, (x) any breach or default that occurs, arises or accrues under the Original Master Lease prior to the Effective Date and is not cured prior to such date is, and shall be deemed to be, a breach or default under this Lease, to which the cure periods, rights and remedies and other provisions of this Lease referenced in the preceding sentence shall be applicable, unless such breach or default is specifically waived and released under the terms of Section 1.3.4 of the Original Mast...
Original Master Lease. Basic Lease Information (other than definition of "Project Description", "Permitted Use", and "Occupancy Density"), Articles 2, 3, 6, Section 7.E, Section 8.B(7), Section 13.B, Articles 19, 25, 32, 33, Sections 38.J., 00.X, 00.X, 00.X, 00.X, 39.0, 39.E and Exhibit C.
Original Master Lease. Article 1, Section 2.A.iv (second paragraph), Section 0.X.xx. Section 2.C, Section 3.A (first, third, fourth and fifth sentences only), Section 3.C, Sections 4.A, 4.B. and 4.D, Article 5, Sections 6.A, 6.B (clauses vi, vii, and viii and final sentence only), Sections 6.C, 7.A (third sentence only, and provided that the reference to “Landlord” in the seventh sentence will be deemed a reference to Landlord only, not Sublandlord), 8.A, 8.B, 8.C, 8.D, 8.E, 8.G, 9.B, Article 11, Sections 14.A, 14.B (final sentence only), 17.B (clause (ii) and references to “Monthly Amortized Costs” only), Article 18, Article 19, Article 20, Sections 21.C, 21.M, 21.T, 21.W.
Original Master Lease. Paragraph 1 (except the second grammatical paragraph of Paragraph 1), Paragraph 2 (except Paragraph 2.g), Paragraphs 3, 4, 5 (except Paragraph 5.c), 6, 7.b.ii, 7.e, 7.f, 7.h, 9.a (all of first grammatical paragraph only except initial two (2) sentences), Paragraph 9.b (limitation of the right to require removal of Alterations to Specialty Alterations only, it being acknowledged that Subtenant will be required to remove any Subtenant Improvements (defined in Section 14(b)(i) below) unless Sublandlord waives such removal obligation as described in Section 14(a) below), Paragraph 13.d (fifth (5th) through seventh (7th) sentences only, Paragraphs 13.i, 20.a (reference to “Specialty Alterations” only, which will be deemed a reference to “Alterations” for the purpose of inclusion into this Sublease by reference), 20.b (which is superseded by Section 16 below), 25.a.1, 25.a.9, 25.b.6, 33, 34, 39, 45, 47, 52, 53, 58, 59, 60, 61, 63, 64, 65, 66, Exhibit A, Exhibit C, Exhibit D, Exhibit E, Exhibit F, Exhibit H, Exhibit I, Exhibit J, Exhibit K, Exhibit K-1 and Exhibit L;
Original Master Lease. 3 Section 1.4 Additional Provisions Regarding Predecessor Lease ........ 2 ARTICLE II ............................................................... 7 Section 2.1 Definitions .............................................. 7 ARTICLE III .............................................................. 23
Original Master Lease. Basic Lease Information (except for the definitions of Business Hours and Business Days, as applicable); Section 1.1 (“Leasing of the Premises”); Section 1.3 (“Parking”); Section 2 (“Term; Possession”); Section 3.1 (“Base Rent”); Section 4 (“Security Deposit”); Sections 6.1 (except for the provisions regarding Minor Changes), 6.4 and 6.7 (“Tenant Improvements and Alterations”); Section 7.3 (“Reservations by Landlord”); Section 9.5 (“Telecommunications”); Section 11.2 (Landlord’s Insurance); Section 12 (“Damage or Destruction”); Section 13 (“Condemnation”); Section 14.7 (“Landlord’s Right to Space”); Section 18 (Entry, Inspection and Closure); Section 20 (Encumbrances): Section 21 (“Estoppel Certificates and Financial Statements”); Section 25 (“Security Measures”); Section 28 (“Landlord’s Liability”); Section 31 (“Brokers”); the reference to “Section 28” in Section 34 (“Miscellaneous”); Exhibits A1 and A2 (“Initial Premises and “Must-Take Space”); Exhibit B (“Work Letter Agreement”):
Original Master Lease. Articles 1, 2, 3 (except Section 3.2), 4 (except to the extent necessary to implement Section 3(b)(ii) above), 5, Sections 7.1 (reference to “Delivery Condition” only), 7.2, 10.1 (references to “Second Request” and deemed approval of Alterations only), 10.4 (superceded by Section 14.1 below), 10.5, 10.6, 11.2 (provided that Sublandlord will request Building passes for Subtenant’s employees from Landlord and will use reasonable efforts to assist Subtenant in obtaining such Building passes from Landlord), 12.2, 13.1 (references to deemed approval only), 16.4, 17.5 (provided that if Sublandlord is entitled to an abatement of rent payable under the Master Lease pursuant to Section 17.5 as a consequence of an Abatement Event [defined in the Original Master Lease] which affects the Subleased Premises, Subtenant will be entitled to a parallel abatement of Rent payable hereunder), Articles 18 (clauses (a) and (b) only, which are superceded by Section 8 below), 22, 24, 27, 28, Section 29.5, Articles 30 (except to the extent necessary to implement Section 16 below), 31 and 32, Exhibit A, Exhibit B, Exhibit C (except to the extent necessary to implement Section 3(b) above), Exhibit E, Exhibit F, Exhibit G, Exhibit H, Exhibit I; and
Original Master Lease. Article 1, (except Sections 1.2.3, 1.2.4, 1.7, 1.13), Articles 2 (except Section 2.2), 3, 4 (except Section 4.5), Section 6.3 (provided, however, that, if and to the extent Sublandlord is entitled to an abatement of Monthly Rent pursuant to the provisions of Section 6.3 of the Original Master Lease as a result of a Service Interruption which affects the Subleased Premises, then Subtenant shall be entitled to a parallel abatement of Base Rent payable hereunder), Sections 21, 25.1, 25.4, 25.5, 25.6, 25.10, 25.11 (6th sentence only), Exhibit B, Exhibit C, Exhibit F (Sections 3, 4, 5 and 6 only) .
Original Master Lease. 30 26.11 Effective Date................................................................ 30 MASTER LEASE THIS DOCUMENT SECURES FUTURE ADVANCES THIS MASTER LEASE (this "Master Lease"), dated as of July 16, 2004 between SOCIETE GENERALE FINANCIAL CORPORATION, a Delaware corporation, as lessor (in such capacity, the "Lessor") and ELECTRONICS FOR IMAGING, INC., a Delaware corporation, as lessee (in such capacity, the "Lessee").
Original Master Lease. The single executed original of this Master Lease marked "THIS COUNTERPART IS THE ORIGINAL EXECUTED COUNTERPART" on the signature page thereof and containing the receipt thereof of Lessor therefor on or following the signature page thereof shall be the Original Executed Counterpart of this Master Lease (the "Original Executed Counterpart"). To the extent that this Master Lease constitutes chattel paper, as such term is defined in the Uniform Commercial Code as in effect in any applicable jurisdiction, no security interest in this Master Lease may be created through the transfer or possession of any counterpart other than the Original Executed Counterpart.
