Prime Lease Sample Clauses

Prime Lease. (a) Sublessor represents that it is not in default under the Prime Lease and that, to the best of its knowledge, the Prime Landlord is not in default thereunder. Sublessor further represents that the attached redacted copy of the Prime Lease is a true and correct copy thereof. This Sublease is subject and subordinate to the Prime Lease, however, Sublessee has no liability for non-compliance with the redacted portions of the Prime Lease. The Prime Lease shall control any conflict or inconsistency between the terms, covenants and conditions of this Sublease and the terms, covenants and conditions of the Prime Lease. All the terms, covenants and conditions contained in the Prime Lease shall be applicable to this Sublease with the same force and effect as if Sublessor were the Landlord under the Prime Lease and Sublessee were the Tenant under the Prime Lease. (b) In case of any breach of this Sublease by Sublessee, Sublessor shall have all the rights against Sublessee as would be available to the Prime Landlord against the Tenant for Tenant's breach of the Prime Lease. Any breach of this Sublease by Sublessee which would constitute a breach of the Prime Lease if Sublessee were the Tenant under the Prime Lease shall constitute a breach of the Prime Lease and Prime Landlord may exercise all rights and remedies available under the Prime Lease against Sublessor and Sublessee, and may enforce all provisions of this Sublease, including those pertaining to the collection of Rent. (c) This Sublease may not be modified without Prune Landlord's prior written consent. Any modification without Prime Landlord's written consent shall be null and void. (d) If the Prime Lease is terminated or Prime Landlord re-enters or repossesses the Sublet Premises, then Prime Landlord may, at its option, assume Sublessor's right, title and interest as the Sublessor under this Sublease and, at Prime Landlord's option, Sublessee will attorn to Prime Landlord. Notwithstanding any such assumption, Prime Landlord shall: (i) have no liabilities for any previous acts or omissions of Sublessor under this Sublease; (ii) not be subject to any existing defense or offset against Sublessor, (iii) not be bound by any previous modification of this Sublease made without Prime Landlord's prior written consent, or (iv) have no liabilities for any prepayment of more than one-month's rent under this Sublease.

Prime Lease. (a) Except as otherwise provided herein, this Sublease shall be upon the same terms and conditions as set forth in the Prime Lease, a copy of which is attached hereto as Exhibit C and incorporated herein by this reference. Subtenant shall observe and perform all of the covenants and obligations of the Tenant under the Prime Lease with respect to the use, operation and occupancy of the Subleased Premises. Without limiting the generality of the foregoing, the following provisions of the Prime Lease shall not apply to Subtenant: Sections 1, 2.1.3, 2.1.4, 2.1.5, 2.1.6, 2.1.7(b), 2.1.8, 2.1.10, 3, 5.1, 6.1, 9, and the indemnities in favor of Landlord set forth in Sections 10.10, 20.1 and 39.1, except to the extent any such claim, judgment, damages, penalties, fines, costs, liabilities or losses described in such sections result from the acts, omissions or negligence of Subtenant or its agents, employees, contractors or guests (the "Subtenant Indemnity Obligations"). (b) In those instances under the Prime Lease in which the Prime Landlord thereunder has reserved certain rights with respect to the Demised Premises (as defined in the Prime Lease), or with respect to the Tenant under the Prime Lease, Oread shall be entitled to exercise all of such rights as against the Subleased Premises and Subtenant with the same force and effect as if all such rights of the Prime Landlord, as landlord under the Prime Lease, had been expressly set forth in this Sublease. (c) With respect to obligations to be performed by the Prime Landlord under the Prime Lease, Oread shall have no obligation with respect to the performance of such obligations and shall have no liability to Subtenant by reason of Prime Landlord's failure to perform the same; however, in the event Prime Landlord shall breach such obligations, then, upon request by Subtenant, Landlord agrees to cooperate with Tenant (at Tenant's cost and expense) to cause Prime Landlord to perform such obligations. Tenant agrees to reimburse Landlord upon demand, as additional rent, for any costs and expenses incurred by Landlord at Tenant's direction to enforce compliance with the provisions of the Prime Lease. (d) In the event of conflict between the Prime Lease and the provisions of this Sublease, the applicable provision which is more restrictive on Subtenant, or which imposes a greater obligation on Subtenant, shall control. (e) Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Prime...

Prime Lease. Landlord is the tenant under the Prime Lease identified in Section 1(F), bearing the date specified in Section 1(F). Landlord represents and warrants to Tenant that (a) Landlord has delivered to Tenant a full and complete copy of the Prime Lease, the Master Lease and all amendments thereto, and all other agreements between Prime Landlord and Landlord relating to the leasing, use and occupancy of the Premises, (b) the Prime Lease is, as of the date hereof, in full force and effect and (c) no event of default has occurred under the Prime Lease and, to Landlord's knowledge, no event has occurred and is continuing which would constitute an event of default but for the requirement of the giving of notice and/or the expiration of the period of time to cure.

Prime Lease. (a) The term "Prime Lease", as such term is referred to ----------- in this lease, means that certain Lease Agreement entered into by and between Marathon Realty Corporation, as Landlord, and K-VA-T Food Stores, Inc., as Tenant, covering the land and building occupied by Store in which Premises are located, and dated August 1, 1987. (b) This lease is executed by Lessor and Lessee as a sublease under said Prime Lease, and shall be subject and subordinate to all of the terms and conditions of said Prime Lease. Subject to the provisions of Section 4 hereof, upon the termination of said Prime Lease for any reason, this lease shall terminate. In the event that said Prime Lease is terminated and Lessor continues to occupy said store building and operate said store, whether as tenant or owner, this lease shall not terminate, but remain in effect until the earlier of: 1. Cessation of operation of said store by Lessor, or, 2. Its term, including any extension thereof, expires. In the event that Lessor ceases operations in said store and relocates within a one-mile radius of the store building within one year of cessation of operations, Lessee shall have the opportunity to relocate with Lessor. The relocation of Lessee with Lessor shall be contingent upon: 1. The approval by Lessor of Lessees's bank facility plans, 2. Where applicable, Lessees's maintaining operations at both the old and new facilities, 3. Monthly rental from Lessee in the new store building shall increase in proportion to Lessor's increased occupancy costs and, 4. Said relocation does not violate any terms and conditions or any exclusive rights granted previously by Lessor's landlord, pursuant to the Prime Lease for the new store building. (c) Lessee agrees that this lease is and shall be subordinate and subject to the lien of any first mortgage, deed to secure debt, deed of trust, or other instrument in the nature thereof which may now or hereafter affect or encumber the fee title to the Premises and the land upon which the store building is located. The preceding sentence pertaining to the subordination of this lease to any first mortgage, security deed, or other instrument in the nature thereof shall be self-operative, and no further instrument or subordination shall be required by the holder of any such instrument affecting or encumbering the fee title of the Premises or the land upon which the store building is located. In confirmation of such subordination, Lessee shall, upon demand, at any t...

Prime Lease. Client acknowledges and understands that the rights and interest that PEACHTREE OFFICES has in the address selected on page one of this agreement arise out of a written lease agreement (hereinafter referred to as the “Prime Lease”) between a PEACHTREE OFFICES and its landlord (the "Prime Landlord"). As a result, Client is bound by the rights, obligations, rules & regulations of PEACHTREE OFFICES under the Prime Lease, and is charged with every fact affecting the rights and obligations of PEACHTREE OFFICES under the Prime Lease. Notwithstanding any other provision of this Agreement, if the Prime Lease is terminated, this Agreement shall terminate simultaneously. PEACHTREE OFFICES will not be in default of this Agreement if the default arises out of the Prime Landlord’s failure or refusal to perform its obligations under the Prime Lease. Client acknowledges they have no tenancy interests, leasehold estate, easement, license or other real property interests in the Premises, the Common Areas or any part of the Building and that their rights to use the Premises and Common Areas may be terminated at any time by PEACHTREE OFFICES or Landlord, without the requirement of any eviction or other legal proceeding. At Landlord’s request to PEACHTREE OFFICES, Client and their guests may be required to sign in or wear badges or tags while in the Common Areas.

Prime Lease. (a) All of the provisions of the Prime Lease are incorporated herein by reference with the exception of the Base Rent schedule, security deposit, early entry rights, terms regarding any allowances or tenant improvements, any term renewal options or rights of first refusal, and any rights to assign or sublease. (b) Sublessee acknowledges and agrees that it shall be obligated to comply with the provisions of the Prime Lease insofar as such provisions are applicable to the Subleased Premises and that this Sublease shall be subordinate to the terms and conditions of the Prime Lease. Sublessor shall be entitled to exercise all rights and remedies of Prime Landlord as set forth under the Prime Lease upon a default by Sublessee under this Sublease and/or under the provisions of the Prime Lease incorporated herein. (c) All capitalized terms not otherwise defined in this Sublease shall have the meanings set forth in the Prime Lease. (d) If Sublessee defaults in the payment of any rent under this Sublease including, without limitation, Basic Rent and any other Additional Rent hereunder, or otherwise defaults in its obligations hereunder or under the Prime Lease, and if applicable, after the giving of notice and the expiration of the cure period provided in Section 15(g) of this Sublease, then Sublessor shall have the right to exercise against Sublessee all remedies as are available to Prime Landlord in the Prime Lease as if Sublessor, as the tenant, had defaulted thereunder. (e) Sublessor agrees to make rental payments required under the Prime Lease on a timely basis so as not to cause a default to occur under the Prime Lease. Sublessee shall not do or cause to be done or suffer or permit to be done any act or thing which would constitute a default under the Prime Lease or which would cause the Prime Lease or any of Sublessor's rights under the Prime Lease to be cancelled, terminated, forfeited or prejudiced or which would render Sublessor liable for any liabilities, damages, losses, fines, claims, penalties, costs, expenses or other amounts under the Prime Lease. Sublessor shall not do or cause to be done or suffer or permit to be done any act or thing which would constitute a default under the Prime Lease or which would cause the Prime Lease to be cancelled, terminated, forfeited or prejudiced except as provided in the Prime Lease with respect to a Casualty or a Taking or would cause the Prime Lease to be amended in a manner which negatively affects Sublessee’s ri...

Prime Lease. (a) This Sublease is subject and subordinate to the Prime Lease, and to all the terms, covenants, conditions and provisions set forth in the Prime Lease. All the terms, covenants, conditions and provisions of the Prime Lease, except as otherwise provided by this Sublease, are incorporated herein by reference (the incorporated terms, covenants, conditions and provisions are hereinafter collectively referred to as the "Incorporated Provisions") with the same force and effect as if fully set forth herein; provided, however, except as otherwise set forth herein all references in the Incorporated Provisions to the "Lease," the "Premises," "Landlord," and "Tenant" shall be deemed to refer to this Sublease, the Subleased Premises, Sublandlord and Subtenant, respectively.

Prime Lease. 2 4. DEFINITIONS ............................................................. 4

Prime Lease. A true copy of the Prime Lease is attached hereto as Exhibit A. Where not expressly inconsistent with the terms hereof and except as otherwise stated herein to the contrary, this Sublease shall be subject and subordinate to all of the terms and conditions contained in the Prime Lease as said terms and conditions affect the Subleased Premises, and all of the terms and conditions of the Prime Lease, except as otherwise set forth herein, are hereby incorporated into this Sublease and shall be binding upon Subtenant with respect to the Subleased Premises to the same extent as if Subtenant were named as tenant and sublandlord as landlord under the Prime Lease. For purposes of this Sublease, references in the Prime Lease to the ["Term"] shall mean the Term of this Sublease and references to the ["

Prime Lease. True, accurate and complete copies of the Prime Lease and the Sublease have been given by Sub-Sublessor and have been reviewed by Sub-Sublessee and Sub-Sublessee acknowledges it is familiar with the terms thereof This Sub-Sublease is subject and subordinate to the Prime Lease and the Sublease. Except as may be inconsistent, inapplicable or inappropriate with the terms hereof or as otherwise expressly provided herein, all the terms, covenants and conditions in the Prime Lease and the Sublease contained shall be applicable to this Sub-Sublease and shall be deemed incorporated herein, with the same force and effect (unless the context of the Prime Lease and/or the Sublease otherwise requires) as if Sub-Sublessor were the "Landlord" under the Prime Lease and/or the "Sublessor" under the Sublease, SubSublessee were the "Tenant" under the Prime Lease and/or the "Sublessee" under the Sublease, the Leased Premises was the "Premises" referred to in the Prime Lease and/or the "Leased Premises referred to in the Sublease, and as if references in the Prime Lease to "Lease" and/or references in the Sublease to "Sublease" meant this Sub-Sublease. The following provisions are hereby expressly excluded from this Sub-Sublease: (a) the following provisions of the Prime Lease: Sections 2.01, 3.01, 3.02, Article 7, the final two sentences of Section 9.01(A), Section 9.01(B), Article 35 and Exhibit C; and (b) the following provisions of the Sublease: Section 2, Section 3, Section 6, Section 14 and Section 21(b).