Common use of Prime Lease Clause in Contracts

Prime Lease. The terms and conditions of the Prime Lease are hereby incorporated by reference and made a part hereof, meaning that, as applicable, references to "Tenant" therein shall be deemed to be "Sublessee" hereunder, references to "Landlord" therein shall be deemed to be "Sublessor" hereunder, and such other terms shall be deemed modified as may be appropriate in the given context, provided: a. Prime Lessor shall continue to have all rights set forth in the Prime Lease (notwithstanding the fact that Sublessor shall also have the same rights under this Sublease); b. Sublessor shall not be deemed to have assumed any of the obligations of Prime Lessor as a result of the incorporation of the Prime Lease unless specifically set forth herein; c. Sublessor, except as otherwise provided herein, shall not be liable for the performance of any of the obligations of Prime Lessor under the Prime Lease; d. Sublessee shall have no claim against Sublessor by reason of any default in fulfilling such obligations upon the part of Prime Lessor unless such default results from Sublessor's being in default under the Prime Lease and not due to a default of Sublessee hereunder; e. Sublessor agrees not to modify or amend the Prime Lease without the consent of the Sublessee, which consent shall not be unreasonably withheld or delayed; and f. with respect to work, services, repairs and restoration or the performance of other obligations required of Prime Lessor under the Prime Lease, if any, Sublessor's sole obligation with respect thereto, shall be to request the same, after requested by Sublessee, and to send all notices required under the Prime Lease to Prime Lessor, as the case may be.

Appears in 2 contracts

Samples: Sublease Agreement (Antigenics Inc /De/), Sublease Agreement (GTC Biotherapeutics Inc)

AutoNDA by SimpleDocs

Prime Lease. The terms and conditions Notwithstanding anything to the contrary contained herein, in the event the Prime Lease is terminated for any reason whatsoever, this Sublease shall terminate on the date that the Prime Lease is terminated. Upon any such termination of the Prime Lease are hereby incorporated by reference and made a part hereof, meaning that, as applicable, references to "Tenant" therein shall be deemed to be "Sublessee" for any reasons other than Subtenant’s breach or default hereunder, references to "Landlord" therein shall be deemed to be "Sublessor" hereunder, and such other terms shall be deemed modified as may be appropriate in the given context, provided: a. Prime Lessor shall continue to have all rights set forth in the Prime Lease (notwithstanding the fact that Sublessor shall also have the same rights under this Sublease); b. Sublessor shall not be deemed to have assumed any of the obligations of Prime Lessor as a result of the incorporation of the Prime Lease unless specifically set forth herein; c. Sublessor, except as otherwise provided herein, shall not be liable for the performance of any of the obligations of Prime Lessor under the Prime Lease; d. Sublessee shall have no claim against Sublessor by reason of any default in fulfilling such obligations upon the part of Prime Lessor unless such default results from Sublessor's being in or Sublandlord’s default under the Prime Lease occasioned by Subtenant’s failure to perform its obligations hereunder, all Rent due and owing hereunder shall be pro-rated, where applicable, as of the date of such termination, and paid to Sublandlord, and thereafter in the event of a termination of the Prime Lease which is not due to a Subtenant’s breach or default of Sublessee hereunder; e. Sublessor agrees not to modify or amend the Prime Lease without the consent of the Sublessee, which consent shall not be unreasonably withheld or delayed; and f. with respect to work, services, repairs and restoration or the performance of other obligations required of Prime Lessor under the Prime Lease, if any, Sublessor's sole obligation with respect thereto, shall be to request the same, after requested by Sublessee, and to send all notices required this Sublease and/or Sublandlord’s default under the Prime Lease which is due to Prime LessorSubtenant’s breach or default under this Sublease, then, Sublandlord shall have no further obligation or liability to Subtenant arising from, through, or under this Sublease except as more particularly set forth herein, and upon Subtenant’s return of possession of the case may bePremises to Sublandlord and Subtenant’s compliance with its obligations hereunder accruing on and/or before the date of such termination, Subtenant shall have no obligation or liability to Sublandlord accruing after the date of such termination relating to this Sublease, except as more particularly set forth herein.

Appears in 2 contracts

Samples: Sublease (Mesoblast LTD), Sublease (Mesoblast LTD)

Prime Lease. The This Agreement shall be subject and subordinate to all of the terms and conditions contained in the Prime Lease as said terms and conditions affect the Premises, and all of the terms and conditions of the Prime Lease Lease, except as otherwise set forth herein, are hereby incorporated into this Agreement and shall be binding upon Grantee (and Grantor, to the extent applicable) with respect to the Sublease Premises to the same extent as if Grantee were named as tenant and Grantor as landlord under the Prime Lease. If a term or provision of this Agreement is inconsistent or in conflict with a term or provision of the Prime Lease, the term or provision of this Agreement shall control but only as between Grantor and Grantee (including, by reference and made a part hereofway of example, meaning that, that Grantee shall have no obligation to pay Sublease Rent or operating expenses except as applicableexplicitly provided herein). For purposes of this Agreement, references to "Tenant" therein shall be deemed to be "Sublessee" hereunder, references to "Landlord" therein shall be deemed to be "Sublessor" hereunder, and such other terms shall be deemed modified as may be appropriate in the given context, provided: a. Prime Lessor shall continue to have all rights set forth in the Prime Lease (notwithstanding to the fact that Sublessor shall also have the same rights under this Sublease); b. Sublessor shall not be deemed to have assumed any of the obligations of Prime Lessor as a result of the incorporation of premises, demised premises, or similar references in the Prime Lease unless specifically set forth herein; c. Sublessor, except as otherwise provided herein, shall mean the Sublease Premises. Each party agrees that it shall not be liable for the performance of any of the obligations of Prime Lessor under the Prime Lease; d. Sublessee shall have no claim against Sublessor by reason of any default do or omit to do anything which would result in fulfilling such obligations upon the part of Prime Lessor unless such default results from Sublessor's being in default under the Prime Lease and not due to a default of Sublessee hereunder; e. Sublessor agrees not to modify or amend the Prime Lease without the consent of the Sublessee, which consent shall not be unreasonably withheld or delayed; and f. with respect to work, services, repairs and restoration or the performance of other obligations required of Prime Lessor under the Prime Lease, if anyand each party agrees to indemnify and hold the other harmless from and against all claims, Sublessordemands or liabilities resulting from such party's sole obligation with respect theretobreach, shall be to request the same, after requested by Sublessee, and to send all notices required violation or nonperformance of any of its obligations under the Prime Lease to Prime LessorLease, as incorporated herein. Subject to the case exceptions set forth herein, Grantee shall be entitled to all of the rights and privileges of Grantor as tenant under the terms of the Prime Lease with respect to the Premises. In addition, this Agreement shall be subject and subordinate to all mortgages, deeds of trust and other rights or encumbrances to which the Prime Lease is now or hereafter may be.be subject or subordinate

Appears in 1 contract

Samples: Sublease Agreement

Prime Lease. 1.1 Sublandlord and Subtenant agree that this Sublease is entered into to create a sublease under the Prime Lease. The terms Prime Lease is attached hereto as Exhibit A and conditions by this reference incorporated herein. Subtenant acknowledges having received and reviewed the Prime Lease. Notwithstanding anything to the contrary in this Sublease, any termination of the Prime Lease are hereby incorporated by reference and made a part hereof, meaning that, as applicable, references to "Tenant" therein shall be deemed will cause this Sublease to be "Sublessee" hereunder, references to "Landlord" therein shall be deemed to be "Sublessor" hereunder, terminated as of the same time and such other terms shall be deemed modified as may be appropriate in the given context, provided: a. Prime Lessor shall continue to have all rights set forth in date that the Prime Lease (notwithstanding is terminated, subject to Section 15.4 of this Sublease, which provides for the fact survival of certain claims in the event the Sublease is terminated, and any unearned Rent paid in advance shall be refunded to Subtenant; provided, however, that Sublessor if such termination is the result of a breach of Subtenant's obligations hereunder, then Sublandlord shall also have the same rights under this Sublease); b. Sublessor shall not right to retain such amount until such time that the damages from such breach have been ascertained, at which time such amount may be deemed applied by Sublandlord to have assumed any the payment of such damages without limiting the obligations of Prime Lessor amount Sublandlord will be entitled to recover as a result of such breach. 1.2 Sublandlord and Subtenant agree that this Sublease is not effective until such time as Primary Landlord has consented in writing to this Sublease, such consent to be evidenced by means of Primary Landlord's execution and delivery of a counterpart of this Sublease in the incorporation of the Prime Lease unless specifically set forth herein; c. Sublessorspace provided below. Until such written consent has been obtained, except as otherwise provided herein, shall not be liable for the performance of any of the obligations of Prime Lessor under the Prime Lease; d. Sublessee either party shall have no claim against Sublessor by reason of any default in fulfilling such obligations the right to terminate this Sublease upon the part delivery of Prime Lessor unless such default results from Sublessor's being in default under written notice thereof to the Prime Lease other party and not due to a default of Sublessee hereunder; e. Sublessor agrees not to modify or amend the Prime Lease without the consent of the Sublessee, which consent shall not be unreasonably withheld or delayed; and f. with respect to work, services, repairs and restoration or the performance of other obligations required of Prime Lessor under the Prime Lease, if any, Sublessor's sole obligation with respect thereto, shall be to request the same, after requested by Sublessee, and to send all notices required under the Prime Lease to Prime Lessor, as the case may bePrimary Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Privatebancorp Inc)

AutoNDA by SimpleDocs

Prime Lease. 1.1 Sublandlord and Subtenant agree that this Sublease is entered into to create a sublease under the Prime Lease. The terms Prime Lease is attached hereto as Exhibit A and conditions by this reference incorporated herein. Subtenant acknowledges having received and reviewed the Prime Lease. Notwithstanding anything to the contrary in this Sublease, any termination of the Prime Lease are hereby incorporated by reference and made a part hereof, meaning that, as applicable, references to "Tenant" therein shall be deemed will cause this Sublease to be "Sublessee" hereunder, references to "Landlord" therein shall be deemed to be "Sublessor" hereunder, terminated as of the same time and such other terms shall be deemed modified as may be appropriate in the given context, provided: a. Prime Lessor shall continue to have all rights set forth in date that the Prime Lease (notwithstanding is terminated, subject to Section 15.4 of this Sublease, which provides for the fact survival of certain claims in the event the Sublease is terminated, and any unearned Rent paid in advance shall be refunded to Subtenant; provided, however that Sublessor if such termination is the result of a breach of Subtenant's obligations hereunder, then Sublandlord shall also have the same rights under this Sublease); b. Sublessor shall not right to retain such amount until such time that the damages from such breach have been ascertained, at which time such amount may be deemed applied by Sublandlord to have assumed any the payment of such damages without limiting the obligations of Prime Lessor amount Sublandlord will be entitled to recover as a result of such breach. 1.2 Sublandlord and Subtenant agree that this Sublease is not effective until such time as Primary Landlord has consented in writing to this Sublease, such consent to be evidenced by means of Primary Landlord's execution and delivery of a counterpart of this Sublease in the incorporation of the Prime Lease unless specifically set forth herein; c. Sublessorspace provided below. Until such written consent has been obtained, except as otherwise provided herein, shall not be liable for the performance of any of the obligations of Prime Lessor under the Prime Lease; d. Sublessee either party shall have no claim against Sublessor by reason of any default in fulfilling such obligations the right to terminate this Sublease upon the part delivery of Prime Lessor unless such default results from Sublessor's being in default under written notice thereof to the Prime Lease other party and not due to a default of Sublessee hereunder; e. Sublessor agrees not to modify or amend the Prime Lease without the consent of the Sublessee, which consent shall not be unreasonably withheld or delayed; and f. with respect to work, services, repairs and restoration or the performance of other obligations required of Prime Lessor under the Prime Lease, if any, Sublessor's sole obligation with respect thereto, shall be to request the same, after requested by Sublessee, and to send all notices required under the Prime Lease to Prime Lessor, as the case may bePrimary Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Privatebancorp Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!