Common use of PROVISIONS CONSTITUTING SUBLEASE Clause in Contracts

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. 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 Provisions and all references to the extent specifically referenced hereinSummary in the Lease, the first (1st) sentence of Section 1.1.2, 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) 8,091 rentable square feet”), Section 1.3, Section 1.4, the second (2nd) sentence and fifth (5th) through eighth (8th) sentences, inclusive, of Section 2.1, Section 2.2, the first (1st) sentence of Section 3.1, Section 3.2, Section 4.63, the phrase “or subject to reasonable and equitable allocation by Landlord amongst Tenant and any other tenant(s) set forth in Section 7 of the 130 BuildingSummary” in Section 6.1.2(25.1, Section 5.3.1.1 (with respect to any obligation to complete and deliver an Environmental Questionnaire unless required by Master Landlord), Section 6.4 5.3.1.4.3, Section 5.3.7 (only with respect except that Sublandlord agrees to parenthetical which reads as follows: “(subject deliver or make available to Subtenant, without representation or warranty, any and all laboratory and/or Hazardous Materials reports, including Hazardous Materials closure reports, if any, Sublandlord receives from Master Landlord unless Sublandlord is precluded from delivering or making available the application of the Tenant Improvement Allowance, as that term is defined in Section 2.1 of the Tenant Work Letter, same to the extent permitted Subtenant due to any confidentiality obligation imposed on Sublandlord by the Tenant Work Letter)”Master Landlord), 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”)7.5, clause (iv) of the penultimate sentence of Section 8.1 8.1, Article 14 (which instead shall be deemed to be “except for the first (iv1st) cost more than Eighty Thousand and 00/100 Dollars ($80,000.00) for a particular job sentence 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”Section 14.1), the first (1st) sentence of Section 18.118, the phrase “set forth in Section 8 of the Summary” in Section 21 (which shall instead be deemed to be “of $44,662.32”), Article 23 (only with respect to signage on the exterior of the 130 Building), Section 24.423, 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 (32424) unreserved parking spaces”), the sixth (6th) and seventh (7th) sentences of Article 28, the second (2nd) sentence of Section 29.229.13, Section 29.18, Section 29.24, Section 29.32, and (B) Exhibit X-0, Xxxxxxx X-0A, 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. All 1.1 This Sublease is and at all times shall be subject and subordinate to the Lease Agreement (Single Tenant Industrial) dated January 27, 1996 between Xxxxxxx Investment Company, as Landlord ("Landlord"), and Sublessor as Tenant (the "Master Lease"). A copy of the Master Lease is attached hereto as EXHIBIT A. Sublessee shall comply with all of the provisions of the Master Lease --------- and shall perform all the obligations on the part of the Tenant under the Master Lease as they relate to the Subleased Premises (as defined in paragraph 2.1 below). Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to comply with or to perform Sublessee's obligations hereunder. In the event of the termination of Sublessor's interest as Tenant under the Master Lease for any reason other than a voluntary termination of the Master Lease by Sublessor without Sublessee's consent, then this Sublease shall terminate concurrently therewith without any liability of Sublessor to Sublessee. 1.2 Except for sections 1, paragraphs 2(c), 2(d), 2(f), 2(h), 2(i), sections 3, 4, 5, 6.1, 8.1, 8.2, 9.1, 9.2, 11, 13.2, 14.1, 14.2, 17.9, 21, 24, 37, 38.10, 39, 40 and 41 of the Master Lease all of the terms and conditions contained in the Master Lease are incorporated herein as terms and First Amendment are hereby incorporated into conditions of this Sublease by reference Sublease, and made a part along with all of the provisions of this Sublease as though set forth shall be the complete terms and conditions of this Sublease. All references in full herein, except for (A) the following incorporated 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 "Lease" 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 refer 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 (this Sublease and all references in the Master Lease to the Landlord and Tenant Work Lettershall be deemed to refer to Sublessor and Sublessee, respectively, except that any reference to "Landlord" in sections 6.5(e), Exhibit F6.6, Exhibit J6.7, Exhibit K attached 7, 8.3, 9.3 (except that references therein to section 9.1 shall be deemed to refer to paragraph 22.1 of this Sublease), 9.5, 9.6, 10.1, 10.2, 10.3, 12.1, 12.2, 17, 30, 32, 34 and 35 of the Master LeaseLease shall be deemed to refer to both Landlord and Sublessor and any reference to "Landlord" in sections 6.5(f), 9.4 (except that references therein to section 9.1 shall be deemed to refer to paragraph 22.1 of this Sublease), 13.1 and (C) 13.2 of the entire First Amendment, all of which provisions and exhibits are hereby expressly excluded from the incorporation by reference effected pursuant Master Lease shall be deemed to this grammatical paragraph aboverefer to Landlord only.