Common use of Primary Lease Clause in Contracts

Primary Lease. Sublessee understands that Sublessor has possession of the Subleased Premises by virtue of a Lease Agreement (the “Primary Lease”) dated November 14, 2002, by and between Sublessor, as tenant and Xxxxx Five Partnership, Ltd., a Texas limited partnership, as the landlord (“Landlord”). A copy of the Primary Lease is attached hereto as Exhibit B. Sublessee understands and acknowledges that this Sublease is subject and subordinate all of the terms and provisions of the Primary Lease. Sublessee further hereby agrees to abide by all terms and provisions of the Primary Lease affecting Sublessor as tenant, and agrees to assume all obligations and responsibilities of Sublessor thereunder, including, but not limited to, the maintenance of insurance coverages, the payment of personal property taxes, late payment charges and other interest owed, and the prohibition of the release or discharge of any hazardous materials. Further, Sublessee shall accept the Subleased Premises in an “as is” and “where is” condition. In the event Landlord shall have the right to modify the terms of the Primary Agreement or to affect the occupancy of the Subleased Premises by Sublessor, its assignees or Sublessee, and does so exercise such right, then Sublessor shall also have the right to take such action and shall be deemed to have done so also. Any termination of the Primary Lease by Landlord or by Sublessor under Section 2.02 of the Primary Lease shall be deemed a termination of this Sublease. Sublessor shall not be liable or responsible to Sublessee in any manner for a breach or termination of the Primary Lease by Landlord or Sublessor. Sublessee shall not be entitled to any of Sublessor’s rights or privileges under Sections 1.04, 2.02, 10.01, 10.02, 13.01, 13.02, 13.03, 13.04, 13.06 and 13.07, Exhibit H or under Exhibit I of the Primary Lease.

Primary Lease. Sublessee understands A. All the obligations contained in the Primary Lease imposed upon Sublandlord (as tenant therein) except the payment of Monthly Base Rent are hereby imposed upon Subtenant with respect to the Sub-Premises, provided that Sublessor has possession any duty or obligation therein required to be performed for the benefit of Overlandlord or right therein granted for the benefit of Overlandlord shall be deemed to be for the benefit of Overlandlord and Sublandlord except as specifically set forth to the contrary herein. Subtenant is hereby granted the right to receive all of the Subleased Premises by virtue of a Lease Agreement (services to be provided to Sublandlord under the “Primary Lease”) dated November 14, 2002, by . Subtenant covenants and between Sublessor, as tenant agrees to fully and Xxxxx Five Partnership, Ltd., a Texas limited partnership, as faithfully perform the landlord (“Landlord”). A copy terms and conditions of the Primary Lease is attached hereto as Exhibit B. Sublessee understands and acknowledges that this the Sublease is subject and subordinate all of the terms and provisions of on its part to be performed. Subtenant shall not do or cause to be done or suffer or permit any act to be done which would or might cause the Primary Lease, or the rights of Sublandlord, as lessee, under the Primary Lease, to be endangered, cancelled, terminated, forfeited or surrendered, or which would or might cause Sublandlord to be in default thereunder or liable for any damage, claim or penalty. Sublessee further hereby agrees to abide by all terms Subtenant agrees, as an express inducement for Sublandlord's executing this Sublease, that if there is any conflict between the provisions of this Sublease and the provisions of the Primary Lease affecting Sublessor as tenantwhich would permit Subtenant to do or cause to be done or suffer or permit any act or thing to be done which is prohibited by the Primary Lease, and agrees to assume all obligations and responsibilities of Sublessor thereunder, including, but not limited tothen, the maintenance of insurance coverages, the payment of personal property taxes, late payment charges and other interest owed, and the prohibition of the release or discharge of any hazardous materials. Further, Sublessee shall accept the Subleased Premises in an “as is” and “where is” condition. In the event Landlord shall have the right to modify the terms of the Primary Agreement or to affect the occupancy of the Subleased Premises by Sublessor, its assignees or Sublessee, and does so exercise such right, then Sublessor shall also have the right to take such action and shall be deemed to have done so also. Any termination provisions of the Primary Lease shall prevail. If the Primary Lease terminates or is terminated for any reason whatsoever, then this Sublease shall automatically terminate simultaneously therewith. If Subtenant is not in default under the terms and conditions hereof, any such termination shall be without liability between Sublandlord and Subtenant, except such liability theretofore accruing; however, if Subtenant is in default, the default provisions hereof shall control as to Subtenant's liability. B. Sublandlord shall have no duty to perform any obligations of the Overlandlord and shall under no circumstances be responsible for or liable to Subtenant for any default, failure or delay on the part of the Overlandlord in the performance or observance of any obligations or covenants under the Primary Lease, nor shall such default of the Overlandlord affect this Sublease or waive or defer the performance of any of Subtenant's obligations hereunder except as expressly set forth in the Primary Lease. C. All services to the Sub-Premises shall be furnished by Landlord Overlandlord or by Sublessor the appropriate utility company pursuant to the Primary Lease and Sublandlord shall in no event be obligated to furnish any such services or utilities nor shall Sublandlord be liable for any failure or deficiency in any such services or utility. D. This Sublease and all the rights of the Subtenant hereunder are subject and subordinate to the Primary Lease. Subtenant covenants and agrees to observe and perform all of the covenants and obligations of the Sublandlord as tenant under Section 2.02 the Primary Lease, but only the same related to the Sub-Premises. The failure of Subtenant to observe and perform the covenants and obligations of the Primary Lease shall be deemed a termination default hereunder. E. Provided Subtenant is not in default hereunder, Sublandlord agrees not to do or cause to be done or suffer or permit any act to be done which would or might cause the Primary Lease, or the rights of this SubleaseSublandlord, as lessee, under the Primary Lease, to be endangered, cancelled, terminated, forfeited or surrendered, or which would or might cause Sublandlord to be in default thereunder. Sublessor shall not be liable or responsible Sublandlord agrees to Sublessee in any manner for a breach or termination promptly deliver copies of notices, received by it under the Primary Lease which allege a default by Landlord or SublessorSublandlord thereunder and which are not cured by Sublandlord. Sublessee Subtenant shall not be entitled to any of Sublessor’s rights or privileges obtain all necessary consents from the Overlandlord required under Sections 1.04, 2.02, 10.01, 10.02, 13.01, 13.02, 13.03, 13.04, 13.06 and 13.07, Exhibit H or under Exhibit I of the Primary Lease. Should the consent of the Overlandlord be required prior to the taking or failure to take of any action, Subtenant shall, in addition to the consent of the Overlandlord, obtain the consent of Sublandlord which consent shall, provided the consent of the Overlandlord is granted, not be unreasonably withheld. 6.

Primary Lease. Sublessee understands A. All the obligations contained in the Primary Lease imposed upon Sublandlord (as tenant therein) except the payment of Monthly Base Rent are hereby imposed upon Subtenant with respect to the Sub-Premises, provided that Sublessor has possession any duty or obligation therein required to be performed for the benefit of Overlandlord or right therein granted for the benefit of Overlandlord shall be deemed to be for the benefit of Overlandlord and Sublandlord except as specifically set forth to the contrary herein. Subtenant is hereby granted the right to receive all of the Subleased Premises by virtue of a Lease Agreement (services to be provided to Sublandlord under the “Primary Lease”) dated November 14, 2002, by . Subtenant covenants and between Sublessor, as tenant agrees to fully and Xxxxx Five Partnership, Ltd., a Texas limited partnership, as faithfully perform the landlord (“Landlord”). A copy terms and conditions of the Primary Lease is attached hereto as Exhibit B. Sublessee understands and acknowledges that this the Sublease is subject and subordinate all of the terms and provisions of on its part to be performed. Subtenant shall not do or cause to be done or suffer or permit any act to be done which would or might cause the Primary Lease, or the rights of Sublandlord, as lessee, under the Primary Lease, to be endangered, cancelled, terminated, forfeited or surrendered, or which would or might cause Sublandlord to be in default thereunder or liable for any damage, claim or penalty. Sublessee further hereby agrees to abide by all terms Subtenant agrees, as an express inducement for Sublandlord's executing this Sublease, that if there is any conflict between the provisions of this Sublease and the provisions of the Primary Lease affecting Sublessor as tenantwhich would permit Subtenant to do or cause to be done or suffer or permit any act or thing to be done which is prohibited by the Primary Lease, and agrees to assume all obligations and responsibilities of Sublessor thereunder, including, but not limited tothen, the maintenance of insurance coverages, the payment of personal property taxes, late payment charges and other interest owed, and the prohibition of the release or discharge of any hazardous materials. Further, Sublessee shall accept the Subleased Premises in an “as is” and “where is” condition. In the event Landlord shall have the right to modify the terms of the Primary Agreement or to affect the occupancy of the Subleased Premises by Sublessor, its assignees or Sublessee, and does so exercise such right, then Sublessor shall also have the right to take such action and shall be deemed to have done so also. Any termination of the Primary Lease by Landlord or by Sublessor under Section 2.02 provisions of the Primary Lease shall be deemed a termination of this Subleaseprevail. Sublessor shall not be liable or responsible to Sublessee in any manner for a breach or termination of If the Primary Lease by Landlord terminates or Sublessoris terminated for any reason whatsoever, then this Sublease shall automatically terminate simultaneously therewith. Sublessee If Subtenant is not in default under the terms and conditions hereof, any such termination shall not be entitled without liability between Sublandlord and Subtenant, except such liability theretofore accruing; however, if Subtenant is in default, the default provisions hereof shall control as to any of Sublessor’s rights or privileges under Sections 1.04, 2.02, 10.01, 10.02, 13.01, 13.02, 13.03, 13.04, 13.06 and 13.07, Exhibit H or under Exhibit I of the Primary LeaseSubtenant's liability.

Primary Lease. Sublessee understands that Sublessor has possession of A. Except as set forth herein to the Subleased Premises by virtue of a Lease Agreement (contrary, all the “Primary Lease”) dated November 14, 2002, by and between Sublessor, as tenant and Xxxxx Five Partnership, Ltd., a Texas limited partnership, as the landlord (“Landlord”). A copy of obligations contained in the Primary Lease is attached hereto conferred and imposed upon Sublandlord (as Exhibit B. Sublessee understands lessee or tenant therein) are hereby conferred and acknowledges that this Sublease is subject and subordinate imposed upon Subtenant. Except as provided herein, any rights granted to Sublandlord (as lessee or tenant under the Primary Lease) are hereby granted to Subtenant, which rights shall include the right to receive all of the terms and provisions of services to be provided to Sublandlord under the Primary Lease. Sublessee further hereby agrees to abide by all terms and Notwithstanding the foregoing, the following provisions of the Primary Lease affecting Sublessor are hereby specifically excluded from the Sublease: Exhibit 1; Articles 2.2.1*; 4, as tenantamended, and agrees to assume all obligations and responsibilities of Sublessor thereunder, including, but not limited to, the maintenance of insurance coverages, the payment of personal property taxes, late payment charges and other interest owed, and the prohibition of the release or discharge of any hazardous materials. Further, Sublessee shall accept the Subleased Premises in an “as is” and “where is” condition. In the event Landlord than Article 4.9; 5.1-5** (provided that Subtenant shall have the right to modify install kitchen equipment such as a microwave and refrigerator); 6.6*; and 9 (except to the extent necessary to define the amount and manner in which Sublandlord is required to pay Operating Expense Excess to Overlandlord); Ex. 3-37*; the Rider to the Other Lease; and the first, second and third amendments to the Other Lease. Subtenant covenants and agrees to fully and faithfully perform the terms of the Primary Agreement or to affect the occupancy of the Subleased Premises by Sublessor, its assignees or Sublessee, and does so exercise such right, then Sublessor shall also have the right to take such action and shall be deemed to have done so also. Any termination conditions of the Primary Lease and the Sublease on its part to be performed. Subtenant shall not do or cause to be done or suffer or permit any act to be done which would or might cause the Primary Lease, or the rights of Sublandlord, as lessee or tenant, under the Primary Lease, to be endangered, canceled, terminated, forfeited or surrendered, or which would or might cause Sublandlord to be in default thereunder or liable for any damage, claim or penalty. Subtenant agrees, as an express inducement for Sublandlord's executing this Sublease, that if there is any conflict between the provisions of this Sublease and the provisions of the Primary Lease which would permit Subtenant to do or cause to be done or suffer or permit any act or things to be done which is prohibited by Landlord or by Sublessor under Section 2.02 the Primary Lease, then the provisions of the Primary Lease shall be deemed a termination prevail. If the Primary Lease terminates or is terminated for any reason whatsoever, then this Sublease shall terminate simultaneously therewith, whereupon (i) if Subtenant is not in default under the terms and conditions of this Sublease. Sublessor , such termination shall not be liable without liability between Sublandlord and Subtenant; or responsible (ii) if Subtenant is in default under the terms and conditions of this Sublease, the default provisions contained herein shall control as to Sublessee in any manner for a breach or termination of the Primary Lease by Landlord or Sublessor. Sublessee shall not be entitled to any of Sublessor’s rights or privileges under Sections 1.04, 2.02, 10.01, 10.02, 13.01, 13.02, 13.03, 13.04, 13.06 and 13.07, Exhibit H or under Exhibit I of the Primary LeaseSubtenant's liability.

Primary Lease. Sublessee understands that Sublessor has possession (a) Subtenant hereby covenants to perform the covenants and undertakings of “Tenant” under the Subleased Premises Primary Lease and to abide by virtue of a Lease Agreement (the “Primary Lease”) dated November 14, 2002, by and between Sublessor, as tenant and Xxxxx Five Partnership, Ltd., a Texas limited partnership, as the landlord (“Landlord”). A copy terms of the Primary Lease is attached hereto as Exhibit B. Sublessee understands to the extent the same are applicable to the Subleased Premises during the term of this Sublease, and acknowledges that this Sublease is subject and subordinate all shall not do or permit to be done any act which shall result in a violation of any of the terms and conditions of the Primary Lease, including, without limitation, complying with the use provisions set forth in Section 5 of the Primary Lease, insurance and indemnity provisions set forth in Section 15 of the Primary Lease and the hazardous material provisions set forth in Section 29.11 of the Primary Lease. Sublessee further hereby Subject to Section 12 hereof, Subtenant acknowledges and agrees to abide that performance by all terms and provisions Sublandlord of its obligations hereunder are conditioned upon due performance by Prime Landlord of its corresponding obligations under the Primary Lease affecting Sublessor and that Sublandlord shall not be in default under this Sublease for failure to render services or to perform obligations that are the responsibility of the Prime Landlord under the Primary Lease except as tenantotherwise set forth herein. Sublandlord shall have all of the rights and privileges of the Prime Landlord under the Primary Lease as against Subtenant and, and as between the parties hereto, Subtenant agrees to assume observe and perform all obligations and responsibilities of Sublessor thereunder, including, but not limited to, the maintenance of insurance coverages, the payment of personal property taxes, late payment charges and other interest owed, and the prohibition of the release or discharge of any hazardous materials. Furtherterms, Sublessee shall accept covenants and conditions on Sublandlord’s part to be observed and performed under the Primary Lease incorporated herein and applicable to the Subleased Premises in an “Premises. As between Sublandlord and Subtenant, subject to Section 6(b) hereof, Subtenant shall be entitled to all of the rights and privileges of the Sublandlord as is” and “where is” condition. In the event Landlord shall have the right to modify tenant under the terms of the Primary Agreement or Lease as and to affect the occupancy of extent expressly incorporated by reference into this Sublease and solely with respect to the Subleased Premises by Sublessor, its assignees or Sublessee, and does so exercise such right, then Sublessor shall also have the right to take such action and shall be deemed to have done so also. Any termination of the Primary Lease by Landlord or by Sublessor under Section 2.02 of the Primary Lease shall be deemed a termination of this Sublease. Sublessor shall not be liable or responsible to Sublessee in any manner for a breach or termination of the Primary Lease by Landlord or Sublessor. Sublessee shall not be entitled to any of Sublessor’s rights or privileges under Sections 1.04, 2.02, 10.01, 10.02, 13.01, 13.02, 13.03, 13.04, 13.06 and 13.07, Exhibit H or under Exhibit I of the Primary LeasePremises.