Common use of OTHER PROVISIONS OF SUBLEASE Clause in Contracts

OTHER PROVISIONS OF SUBLEASE. All of the terms and conditions of the Master Lease are incorporated into and made a part of this Sublease as if Sublandlord were the Landlord, and Subtenant the Tenant, and the Subleased Premises the Premises, except for the following: Sections 1.1 (b), 1.1(e), the definitions of "Net Rentable Area of Basement Storage Space" and "Utility Space" in 1.2(a), 1.3, 2.1, 3.1, 3.4, 4.1(d), 5.1-5.12, 6.3, 7.1(b), 7.2(b), 7.5, 7.6, ll.l(a), the last sentence of 11.2, 13.4(b), 14.1(c), 14.2, 14.5, those portions of 17.2 which relate to the Building, 18.1-18.4, 19.2, 22.1-22.2, 26.1, 27.2, 27.16(b), Exhibit A, Exhibit F. and all amendments to the Master Lease. Subtenant assumes and agrees to perform the Tenant's obligations under the Master Lease as described in the preceding sentence during the Sublease Term to the extent that these obligations are applicable to the Subleased Premises, and subleases the Subleased Premises subject to the terms and conditions of the Master Lease. Subtenant will not commit or suffer any act or omission that will violate any of the provisions of the Master Lease. Sublandlord shall use its commercially reasonable efforts (which shall not be deemed to require Sublandlord to commence any legal action against any party or pay any sums of money to any party) to cause the Master Landlord under the Master Lease to perform for the benefit of Subtenant those obligations under the Master Lease which are applicable to this Sublease. If the Master Lease applicable to the Subleased Premises terminates, at the option of the Master Landlord, this Sublease will terminate and the parties will be relieved of any further liability or obligation under this Sublease. However, if the Master Lease applicable to the Subleased Premises terminates as a result of a default or breach by Sublandlord or Subtenant under this Sublease or the Master Lease, the defaulting party will be liable to the nondefaulting party for the damage suffered as a result of the termination. In no event shall Sublandlord agree with Master Landlord to terminate or materially amend the Master Lease applicable to the Subleased Premises without Subtenant's consent, which consent may be withheld in Subtenant's sole and absolute discretion. However, the provisions of the preceding sentence shall not be deemed to restrict the exercise of any right of the Sublandlord under the Master Lease to terminate the Master Lease applicable to the Subleased Premises, if the exercise of such right to terminate does not require the consent of the Master Landlord (such rights shall include, but not be limited to Sections 15 and 16 of the Master Lease).

OTHER PROVISIONS OF SUBLEASE. All of Except as specifically modified ---------------------------- by this Sublease, the terms and conditions provisions of the Master Lease are incorporated into and made a part of this Sublease as if Sublandlord were the Landlordlessor, and Subtenant the Tenantlessee, and the Subleased Premises, the Premises the Premisesunder this Sublease, except for the followingfollowing which are expressly not incorporated herein: Sections Sections: 1.1 through 1.7, 1.10, 1.12 (bregarding Exhibit B), 1.1(e2.1 (second sentence only) 3.1, 3.3, 7.1, 7.2, 8.6 (first clause [eight words] only), 10.2(a) (third sentence only), 11, 12, 13.4, 13.5, 15, 22, 33, 39, 40, 49 and Addendum Sections 2, 3, 4, 6, 8, 9, 10, 12, 14, 15, 17 and Exhibit B. Notwithstanding the definitions of foregoing, the term "Net Rentable Area of Basement Storage Space" and "Utility SpaceLessor" in 1.2(a), 1.3, 2.1, 3.1, 3.4, 4.1(d), 5.1-5.12, 6.3, 7.1(b), 7.2(b), 7.5, 7.6, ll.l(a), the last sentence following provisions of 11.2, 13.4(b), 14.1(c), 14.2, 14.5, those portions of 17.2 which relate to the Building, 18.1-18.4, 19.2, 22.1-22.2, 26.1, 27.2, 27.16(b), Exhibit A, Exhibit F. and all amendments to the Master LeaseLease shall mean Master Landlord only (and not Sublandlord) 1.9, 8.3 and 9. Subtenant assumes and agrees to perform the Tenantlessee's obligations under the Master Lease as described in the preceding sentence during the Sublease Term to the extent that these obligations are applicable to the Subleased Premises. However, the obligation to pay rent and subleases operating costs to Master Landlord under the Subleased Premises subject Master Lease will be considered performed by Subtenant to the terms extent and conditions in the amount rent and operating costs are paid to Sublandlord in accordance with Section 4 of the Master Leasethis Sublease. Subtenant will not commit or suffer any act or omission that will violate any of the provisions of the Master Lease. Sublandlord shall use its commercially reasonable efforts (which shall not be deemed to require Sublandlord to commence any legal action against any party or pay any sums of money to any party) will exercise due diligence in attempting to cause the Master Landlord under the Master Lease to perform for the benefit of Subtenant those its obligations under the Master Lease which are applicable to this Subleasefor the benefit of Subtenant. If the Master Lease applicable to the Subleased Premises terminates, terminates at the option of the Master Landlord, this Sublease will terminate and the parties will be relieved of any further liability or obligation under this Sublease. However, if the Master Lease applicable to the Subleased Premises terminates as a result of a default or breach by Sublandlord or Subtenant under this Sublease or the Master Lease, the defaulting party will be liable to the nondefaulting non-defaulting party for the damage suffered as a result of the termination. In no event shall Sublandlord agree with Master Landlord to terminate or materially amend Regardless, if the Master Lease applicable to the Subleased Premises without Subtenant's consent, which consent may be withheld in Subtenant's sole and absolute discretion. However, the provisions of the preceding sentence shall not be deemed to restrict the exercise of gives Sublandlord any right of the Sublandlord under the Master Lease to terminate the Master Lease applicable to in the Subleased Premisesevent of Master Landlord Default or Breach, if the partial or total damage, destruction, or condemnation of the Master Premises or the building or project of which the Master Premises are a part, the exercise of such this right to terminate does by Sublandlord will not require the consent of the Master Landlord (such rights shall include, but not be limited to Sections 15 and 16 of the Master Lease)constitute a default or breach.

OTHER PROVISIONS OF SUBLEASE. All of the Except as otherwise provided in RIDER NO. 10, all applicable terms and conditions of the Master Lease are incorporated into and made a part of this Sublease as if Sublandlord Sublessor were the Landlordlessor or Landlord thereunder, and Subtenant Sublessee the Tenantlessee or Tenant thereunder, and the Subleased Premises the Master Premises, except for the following: Sections 1.1 (b1.03, 1.04, 1.05, 1.06, 1.08, 1.09, 1.11, 1.11, 1.12(a). 2.01, 2.02. 3.01, 3.03, 5.01, 13.02(c), 1.1(e)13.06, the definitions of "Net Rentable Area of Basement Storage Space" and "Utility Space" in 1.2(a)Article 14, 1.3Rider Paragraphs 1, 2.15, 3.16, 3.4, 4.1(d), 5.1-5.12, 6.3, 7.1(b), 7.2(b), 7.5, 7.6, ll.l(a), the last sentence of 11.2, 13.4(b), 14.1(c), 14.2, 14.5, those portions of 17.2 which relate to the Building, 18.1-18.4, 19.2, 22.1-22.2, 26.1, 27.2, 27.16(b), Exhibit A, Exhibit F. and all amendments to the Master Lease. Subtenant assumes and agrees to perform the Tenant's obligations under the Master Lease as described in the preceding sentence during the Sublease Term to the extent that these obligations are applicable to the Subleased Premises7, and subleases the Subleased Premises subject to the terms and conditions 8 of the Master LeaseRider to Lease Agreement. Subtenant will Sublessee shall not commit or suffer any act or omission that will violate any of the provisions of the Master Lease. Sublandlord Sublessor shall use its commercially reasonable efforts (which shall not be deemed to require Sublandlord to commence any legal action against any party or pay any sums of money to any party) exercise due diligence in attempting to cause the Master Landlord Lessor to perform its obligations under the Master master Lease to perform for the benefit of Subtenant those obligations under the Master Lease which are applicable to this SubleaseSublessee. If the Master Lease applicable to the Subleased Premises terminates, at the option of the Master Landlord, this Sublease will shall terminate and the parties will shall be relieved of any further liability or obligation under this Sublease. However, provided however, that if the Master Lease applicable to the Subleased Premises terminates as a result of a default or breach by Sublandlord Sublessor or Subtenant Sublessee under this Sublease or and/or the Master Lease, then the defaulting party will shall be liable to the nondefaulting party for the he damage suffered as a result of the such termination. In no event shall Sublandlord agree with Master Landlord to terminate or materially amend Notwithstanding the foregoing, if the Master Lease applicable to the Subleased Premises without Subtenant's consent, which consent may be withheld in Subtenant's sole and absolute discretion. However, the provisions of the preceding sentence shall not be deemed to restrict the exercise of gives Sublessor any right of the Sublandlord under the Master Lease to terminate the Master Lease applicable to in the Subleased Premisesevent of the partial or total damage, if destruction or condemnation of the Master Premises or the building or project of which master Premises are a part, the exercise of such right to terminate does by Sublessor shall not require the consent of the Master Landlord (such rights shall include, but not be limited to Sections 15 and 16 of the Master Lease)constitute a default or breach hereunder.

OTHER PROVISIONS OF SUBLEASE. All of the terms and conditions The provisions of the Master Lease are ---------------------------- shall be incorporated into and made a part of this Sublease as if Sublandlord were the Landlord, and Subtenant the Tenant, and the Subleased Premises the PremisesSublease, except for to the followingextent the context would make it inapplicable, as follows: Sections 1.1 (a) each reference in such incorporated sections to "Lease" shall be deemed a reference to "Sublease"; (b), 1.1(e), the definitions of ) each reference therein to "Net Rentable Area of Basement Storage SpaceLandlord" and "Utility SpaceTenant" in 1.2(a), 1.3, 2.1, 3.1, 3.4, 4.1(d), 5.1-5.12, 6.3, 7.1(b), 7.2(b), 7.5, 7.6, ll.l(a), shall be deemed a reference to "Sublandlord" and "Subtenant," respectively; and (c) the last sentence of 11.2, 13.4(b), 14.1(c), 14.2, 14.5, those following portions of 17.2 which relate to the Building, 18.1-18.4, 19.2, 22.1-22.2, 26.1, 27.2, 27.16(b), Exhibit A, Exhibit F. and all amendments to the Master Lease. Subtenant assumes and agrees to perform the Tenant's obligations under the Master Lease as described in shall not be incorporated: Basic Lease Information (except for definitions of Premises, Permitted Use, Schedule Term Expiration Date, Occupancy Density and Tenant's Proportionate Share), Introductory Paragraph, Paragraph 3, Paragraph 10(a)(i) (except that Sublandlord shall have the preceding sentence during the right to terminate this Sublease Term to the extent that these obligations are applicable to the Subleased Premises, and subleases the Subleased Premises subject to the terms and conditions of the Master Lease. Subtenant will not commit or suffer any act or omission that will violate any of the provisions of the Master Lease. Sublandlord shall use its commercially reasonable efforts (which shall not be deemed to require Sublandlord to commence any legal action against any party or pay any sums of money to any party) to cause the such termination is made by Master Landlord under the Master Lease under Paragraph 10(a)(i)), Xxxxxxxxx 00, Xxxxxxxxx 16 (except that Sublandlord shall have the right to perform substitute for the benefit of Subtenant those obligations under Premises other premises in the Master Lease which are applicable to this Sublease. If the Master Lease applicable Building to the Subleased Premises terminates, at the option of the Master Landlord, this Sublease will terminate and the parties will be relieved of any further liability or obligation under this Sublease. However, if the Master Lease applicable to the Subleased Premises terminates as a result of a default or breach extent such substitution is made by Sublandlord or Subtenant under this Sublease or the Master Lease, the defaulting party will be liable to the nondefaulting party for the damage suffered as a result of the termination. In no event shall Sublandlord agree with Master Landlord to terminate or materially amend the Master Lease applicable to the Subleased Premises without Subtenant's consent, which consent may be withheld in Subtenant's sole and absolute discretion. However, the provisions of the preceding sentence shall not be deemed to restrict the exercise of any right of the Sublandlord under the Master Lease to terminate the Master Lease applicable to the Subleased Premises, if the exercise of such right to terminate does not require the consent of the Master Landlord (such rights shall include, but not be limited to Sections 15 and 16 of the Master Lease), Paragraph 21(e), Paragraph 24 (except that Master Landlord retains its right to sell or convey the Building), Interior Improvements (Exhibit C); (d) references to "Landlord" in Paragraphs 20, 22 and 23 shall mean Master Landlord and references to "either party" shall be deemed a reference to Subtenant and Master Landlord; provided, however, that Sublandlord shall be protected from and against all claims and liabilities to the extent Master Landlord is under Paragraphs 20, 22 and 23; and (e) "by Subtenant" shall be added to the end of the phrase "or when first installed" in Paragraph 8 and the phrase "or first installed" in Paragraph 26(b); and (f) the reference in Paragraph 40 "to the extent of Landlord's interest in the Project" shall be changed to "to the extent of Master Landlord's interest in the Project".