PROVISIONS CONSTITUTING SUBLEASE. 2.1 This Sublease is subject to all of the terms and conditions of the Master Lease. Sublessee hereby assumes and agrees to perform all of the obligations of Lessee under the Master Lease to the extent said obligations apply to the Subleased Premises and Sublessee's use of the common areas, except as specifically set forth herein. Sublessor hereby agrees to cause Lessor, under the Master Lease, to perform all of the obligations of Lessor thereunder to the extent said obligations apply to the Subleased Premises and Sublessee's use of the common areas. Sublessee shall not commit or permit to be committed on the Subleased Premises or on any other portion of the Project any act or omission which violates any term or condition of the Master Lease. Except to the extent waived or consented to in writing by the other party or parties hereto who are affected thereby, neither of the parties hereto will, by renegotiations of the Master Lease, assignment, subletting, default or any other voluntary action, avoid or seek to avoid the observance or performance of the terms to be observed or performed hereunder by such party but, will at all times, in good faith assist in carrying out all the terms of this Sublease and in taking all such action as may be necessary or appropriate to protect the rights of the other party or parties hereto who are affected thereby against impairment. Nothing contained in this Section 2.1 or elsewhere in this Sublease shall prevent or prohibit Sublessor (a) from exercising its right to terminate the Master Lease pursuant to the terms thereof or (b) from assigning its interest in this Sublease.
2.2 All of the terms and conditions contained in the Master Lease are incorporated herein, and shall together with the terms and conditions specifically set forth in this Sublease constitute the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. 2.1 This Sublease is subject and subordinate to the Master Lease. Upon any termination of the Master Lease, this Sublease shall also terminate. Sublandlord shall not terminate the Master Lease without the consent of Subtenant; provided however, that Sublandlord may terminate the Master Lease in the event of a casualty or condemnation without Subtenant's consent if Sublandlord has the fight to do so under the Master Lease. If Sublandlord elects to terminate the Master Lease in such circumstances, Sublandlord shall notify Subtenant concurrently with giving notice to Landlord, which notice shall be given not less than one hundred twenty (120) days following the date of the casualty or condemnation, as the case may be; provided however, that Sublandlord shall have the fight to provide earlier notice if Sublandlord is required to do so under the Master Lease. Subtenant hereby assumes and agrees to perform all of the obligations of "Tenant" under the Master Lease except as specifically set forth herein. Sublandlord hereby agrees to use reasonable efforts to cause Landlord under the Master Lease to perform all of the obligations of Landlord thereunder. Subtenant shall not commit or permit to be committed on the Subleased Premises any act .which violates any term or condition of the Master Lease.
2.2 All of the terms and conditions contained in the Master Lease that are set forth in subparagraph (h) below are incorporated into this Sublease as if fully set forth herein subject to the following and any additional exceptions set forth in said subparagraph (h):
(a) All references in such incorporated provisions to "Landlord", "Tenant", "Premises", "Lease" and "Basic Annual Rent" for the purposes of this Sublease shall be deemed to refer respectively to "Sublandlord", "Subtenant", the "Subleased Premises" this "Sublease" and "Base Monthly Rent" as such terms are defined in this Sublease; and all references to paragraph numbers of the Master Lease in incorporated provisions of the Master Lease shall be deemed to be references to such paragraphs as incorporated into this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. (a) This Sublease is subject to all of the terms and conditions of the Lease in Exhibit A and Sublessee shall assume and perform the obligations of Sublessor and Lessee in said Lease, to the extent said terms and conditions are applicable to the premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the subleased premises any act or omission which shall violate any term or condition of the Lease. In the event of the termination of Sublessor's interest as Lessee under the Lease for any reason, then this Sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee.
(b) All of the terms and conditions contained in the Lease in Exhibit A are incorporated herein as terms and conditions of this Sublease (with each reference therein to Lessor and Lessee to be deemed to refer to Sublessor and Sublessee) and along with all of the following paragraphs set out in this Sublease, shall be the complete terms and conditions of this Sublease, excluding Paragraphs 1.07 and 4.04.
PROVISIONS CONSTITUTING SUBLEASE. All of the terms and conditions contained in the Master Lease and First Amendment are hereby incorporated into this Sublease by reference and made a part of this Sublease as though set forth in full herein, except for (A) the following provisions of the Master Lease: the Summary of Basic Lease Information, except where and to the extent specifically referenced herein, the phrase “as set forth in Section 2.2 of the Summary” in Section 1.2 (which shall instead be deemed to be “eighty-seven thousand six hundred eight (87,608) rentable square feet”), Section 1.3, Section 1.4, the second (2nd) sentence of Section 2.1, Section 2.2, the first (1st) sentence of Section 3.1, Section 3.2, Section 4.6, the phrase “or subject to reasonable and equitable allocation by Landlord amongst Tenant and any other tenant(s) of the 130 Building” in Section 6.1.2(2), Section 6.4 (only with respect to parenthetical which reads as follows: “(subject to the application of the Tenant Improvement Allowance, as that term is defined in Section 2.1 of the Tenant Work Letter, to the extent permitted by the Tenant Work Letter)”), Section 6.5.1 (only with respect to the words “or deducted from the Tenant Improvement Allowance pursuant to the terms of the Work Letter”), clause (iv) of the penultimate sentence of Section 8.1 (which instead shall be deemed to be “(iv) cost more than Eighty Thousand and 00/100 Dollars ($80,000.00) for a particular job of work per Lease Year and do not exceed more than Five Hundred Sixty Thousand and 00/100 Dollars ($560,000) throughout the entire Lease Term”, the first (1st) sentence of Section 18.1, Article 23 (only with respect to signage on the exterior of the 130 Building), Section 24.4, the phrase “the amount of unreserved parking passes set forth in Section 9 of the Summary” in the first sentence of Article 28 (which shall instead be deemed to be “three hundred twenty-four (324) unreserved parking spaces”), the sixth (6th) and seventh (7th) sentences of Article 28, the second (2nd) sentence of Section 29.2, Section 29.18, Section 29.24, and (B) Exhibit X-0, Xxxxxxx X-0, Exhibit B (and all references in the Master Lease to the Tenant Work Letter), Exhibit F, Exhibit J, Exhibit K attached to the Master Lease, and (C) the entire First Amendment, all of which provisions and exhibits are hereby expressly excluded from the incorporation by reference effected pursuant to this grammatical paragraph above.
PROVISIONS CONSTITUTING SUBLEASE. A. This Sublease is subject and subordinate to the Master Lease. Subtenant shall not have any rights under this Sublease that exceed Avistar’s rights as Tenant under the Master Lease. In the event of any conflict between this sublease and the Master Leasethat the terms of this sublease shall prevail.
B. All of the terms, covenants and conditions of the Master Lease are incorporated herein by reference as if fully set forth herein. Such terms, covenants and conditions shall be applicable to this Sublease with the same force and effect as if Avistar were the landlord under the Master Lease and Subtenant were the tenant thereunder. In case of any default by Subtenant under any of the terms of this Sublease, Avistar shall have all of the rights against Subtenant as would be available to Landlord against Avistar as the tenant under the Master Lease.
C. Subtenant shall not do any act that (i) constitutes a non-monetary default under the Master Lease, (ii) causes the Master Lease to be terminated, (iii) causes Avistar to become liable for any fees, damages, costs, claims, violations, or penalties to Landlord, or (iv) increase the basic monthly rent or other obligations of Avistar as tenant under the Master Lease, which the base date for any increase shall be June 1, 2014 notwithstanding the earlier date set forth in the Master Lease.
D. Whenever a provision of the Master Lease incorporated in this Sublease requires or refers to Landlord’s consent or approval, such provision is incorporated in this Sublease, unless provided to the contrary herein, shall be deemed to require or refer to both Landlord’s and Avistar’s consent or approval. In such a case, Subtenant shall submit its request for consent or approval to Avistar. If Avistar’s consent is required hereunder and Avistar determines to grant its consent or approval, or if Avistar’s consent is not required hereunder, Avistar shall forward the request to Landlord for its consent or approval.
PROVISIONS CONSTITUTING SUBLEASE a. This Sublease is subject to all of the terms and conditions of the Master Lease in Exhibit "A" and except as otherwise provided in this Sublease, Sublessee shall assume and perform the obligations of the Lessee in said Master Lease arising after the date Sublessee obtains possession of the Premises and only to the extent said terms and conditions are applicable to the Sublease. Sublessee shall not commit, or permit to be committed on the Premises any act or omission which shall violate any term or condition of the Master Lease.
b. Except for the Excluded Paragraphs (as defined below) and limitations contained in this Sublease, all of the terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of this Sublease (with each reference therein to "Lessor" and "Lessee" to be deemed to refer to "Sublessor" and "Sublessee" respectively). Such incorporated terms of the Master Lease, together with all terms set forth herein, shall be the complete terms and conditions of this Sublease. In the event of any inconsistency or discrepancy between the Master Lease and this document, the latter shall govern.
PROVISIONS CONSTITUTING SUBLEASE. This Sublease is subject to all the --------------------------------- terms and conditions of the Master Lease, except as set forth in this Sublease. Subtenant shall assume and perform for the benefit of Sublessor and Manor Care the non-monetary obligations of Sublessor as lessee in the Master Lease, to the extent the terms and conditions are applicable to the Demised Premises (including without limitation, insurance requirements), and pay rent as set forth in Section Four of this Sublease. All defined terms in this Sublease shall have the same meaning as set forth in the Master Lease, except as set forth therein. Neither Sublessor or Subtenant shall commit or permit to be committed on the Demised Premises any act or omission that shall violate any term or condition of the Master Lease or breach the terms of the Master Lease or cause the Master Lease to be terminated.
PROVISIONS CONSTITUTING SUBLEASE. (a) This Sublease is subject to all of the terms and conditions of the Master Lease in Exhibit A and Sublessee shall assume and perform the obligations of Sublessor and Lessee in said Master Lease, to the extent said terms and conditions are applicable to the Premises subleased pursuant to this sublease. Sublessee shall not commit or permit to be committed on the Premises any act or omission which shall violate any term or conditions of the Master Lease. In the event of the termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this Sublease shall terminate coincidentally therewith without any liability of Sublessor or Sublessee.
(b) All of the terms and conditions contained in the Exhibit A Master Lease are incorporated herein, except for Sections 1.5, 1.6, 1.7, 49, 49b, 49c, ---------------------------- 49d,50, 51, 52, 53 as terms and conditions of this Sublease (with each ------------------ reference therein to Lessor and Lessee to be deemed to refer to Sublessor and Sublessee) and, along with all of the following Sections set out in this Sublease, shall be the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. 1This Sublease is subject to all of the terms and conditions of the Master Lease in Exhibit “A” and Sublessee shall assume and perform the obligations of the Lessee in said Master Lease, to the extent said terms and conditions are applicable to the Premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Premises any act or omission which shall violate any term or condition of the Master Lease. In the event of termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this Sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee.
PROVISIONS CONSTITUTING SUBLEASE. (a) Relationship Between Sublessee and Landlord. This Sublease is subject to all of the terms and conditions of the Lease. Sublessee hereby assumes and agrees to perform the obligations of Sublessor as Tenant under the Lease to the extent such terms and conditions are applicable to the Premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Premises any act or omission which shall violate any term, covenant or condition of the Lease.
