Subject to the Prime Lease. a. This Sublease is and shall be subject and subordinate in all respects to the Prime Lease and to all of its terms, covenants and conditions. Subtenant shall not do, or permit or suffer to be done, any act or omission by Subtenant, its agents, employees, contractors or invitees which is prohibited by the Prime Lease, or which would constitute a violation or default under the Prime Lease, and Subtenant shall indemnify Sublandlord and hold it harmless from and against any such act, omission, violation or default. b. In all provisions of the Prime Lease requiring the approval or consent of the “Landlord”, Subtenant shall be required to obtain the approval or consent of both Prime Landlord and Sublandlord. In no event shall Subtenant make a direct request for consent to the Prime Landlord without Sublandlord’s prior written consent to do so. c. Sublandlord shall comply with all of the terms and provisions of the Prime Lease in full force and effect during the Term; however, Sublandlord shall have no liability to Subtenant with respect to any failure on Sublandlord’s part to comply with or to preserve the Prime Lease to the extent that any such failure shall be attributable to or shall result from any breach by Subtenant of this Sublease. Subtenant agrees to timely perform for the benefit of Sublandlord all of Sublandlord’s and Subtenant’s obligations under the Prime Lease except as otherwise expressly provided in this Sublease. d. With the exception of subsection 6.b. above, this Section 6 shall survive the expiration of the Sublease Term or earlier termination of this Sublease.
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Subject to the Prime Lease. a. This Sublease is and shall be subject and subordinate in all respects to the Prime Lease and to all of its terms, covenants and conditionsconditions (as modified by Section 6(b) above). Subtenant shall not do, or permit or suffer to be done, any act or omission by Subtenant, its agents, employees, contractors or invitees which is prohibited by the Prime Lease, or which would constitute a violation or default under the Prime Lease, and Subtenant shall indemnify Sublandlord and hold it harmless from and against any such act, omission, violation or default.
b. In all provisions of the Prime Lease requiring the approval or consent of the “Landlord”, Subtenant shall be required to obtain the approval or consent of both Prime Landlord and Sublandlord. In no event shall Subtenant make a direct request for consent to the Prime Landlord without Sublandlord’s prior written consent to do so.
c. Sublandlord shall comply with all of the terms and provisions of the Prime Lease in full force and effect during the Term; however, Sublandlord shall have no liability to Subtenant with respect to any failure on Sublandlord’s part to comply with or to preserve the Prime Lease to the extent that any such failure shall be attributable to or shall result from any breach by Subtenant of this Sublease. Subtenant agrees to timely perform for the benefit of Sublandlord all of Sublandlord’s and Subtenant’s obligations under the Prime Lease except as otherwise expressly provided in this Sublease.
d. With Sublandlord hereby represents that (a) to its knowledge, a true, accurate and complete copy of the exception Prime Lease is attached hereto as Exhibit A, (b) Sublandlord is the holder of subsection 6.bthe tenant’s interest under the Prime Lease, (c) as of the date hereof, Sublandlord has not actually received any written notice of any default under the Prime Lease that has not been resolved, and (d) as of the date hereof, the Prime Lease is in full force and effect. aboveSublandlord hereby covenants that (i) from and after the Effective Date, Sublandlord will not do, fail to do, or permit its employees or agents to do anything that is a default under the Prime Lease (unless due to Subtenant’s failure to comply with its obligations under this Sublease), and (ii) Sublandlord shall not materially amend or modify or terminate the Prime Lease in any manner that would adversely affect Subtenant’s rights hereunder, except pursuant to any express termination right of Sublandlord set forth in the Prime Lease. Sublandlord hereby agrees to indemnify, defend and hold Subtenant harmless from and against any and all loss, cost, damage and expense (including without limitation reasonable attorneys’ fees and costs) arising from any breach or default on the part of Sublandlord under the Prime Lease, except to the extent caused by Subtenant, its agents, employees or contractors.
e. This Section 6 7 shall survive the expiration of the Sublease Term or earlier termination of this Sublease.
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Subject to the Prime Lease. a. This Sublease is and shall will be subject and subordinate in all respects to the Prime Lease and to all of its terms, covenants and conditions. Subtenant shall not do, or permit or suffer to be done, any act or omission by Subtenant, its agents, employees, contractors or invitees which is prohibited by the Prime Lease, or which would constitute a violation or default under the Prime LeaseLease or cause the Prime Lease to be terminated, and Subtenant shall indemnify Sublandlord and hold it harmless from and against any such act, omission, violation or default.
b. In all provisions of the Prime Lease requiring the approval or consent of the “Landlord”, ,” Subtenant shall be required to obtain the approval or consent consent, as applicable, of both Prime Landlord and Sublandlord. In no event shall Subtenant make a direct request for consent to the Prime Landlord without Sublandlord’s prior written consent to do so.
c. Sublandlord shall comply with all of will pay the terms Rent and provisions of Additional Rent due under the Prime Lease in full force Lease, subject to Section 4.c hereof.
d. Subtenant shall observe and effect during the Term; howeverperform when due all covenants, Sublandlord shall have no liability to Subtenant with respect to any failure on Sublandlord’s part to comply with or to preserve agreements and obligations of “Tenant” under the Prime Lease Lease, except to the extent that any Subtenant is not required to perform such failure shall be attributable to covenants, agreements or shall result from any breach by Subtenant obligations under the terms of this Sublease, to the same extent as if Subtenant was the lessee under the Prime Lease. Subtenant agrees to timely perform for the benefit of Sublandlord all of Sublandlord’s and Subtenant’s failure to perform such obligations under the Prime Lease except as otherwise expressly provided in which Subtenant is obligated to perform hereunder shall be a breach of this Sublease, and Sublandlord will have all the rights against Subtenant as would be available to Prime Landlord under the Prime Lease if such breach were by “Tenant” thereunder.
d. With e. The rights of Prime Landlord under the exception Prime Lease may be enforced by, and are for the benefit of, both Sublandlord and Prime Landlord. Sublandlord has the right to enter the Subleased Premises pursuant to the terms of subsection 6.b. aboveSection 21 of the Prime Lease, this to the extent appropriate in Sublandlord’s reasonable judgment in its role as Sublandlord.
f. This Section 6 shall will survive the expiration of the Sublease Term or earlier termination of this Sublease.
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Samples: Sublease (NPS Pharmaceuticals Inc)
Subject to the Prime Lease. a. This Sublease is and shall be subject and subordinate in all respects to the Prime Lease and to all of its terms, covenants and conditions. Subtenant shall not do, or permit or suffer to be done, any act or omission by Subtenant, its agents, employees, contractors or invitees which is prohibited by the Prime Lease, or which would constitute a violation or default under the Prime Lease, and Subtenant shall indemnify Sublandlord and hold it harmless from and against any such act, omission, violation or default.
b. In all provisions of the Prime Lease requiring the approval or consent of the “"Landlord”, ," Subtenant shall be required to obtain the approval or consent of both Prime Landlord and Sublandlord. In no event shall Subtenant make a direct request for consent to the Prime Landlord without Sublandlord’s prior written consent to do so.
c. Sublandlord shall not terminate the Prime Lease during the Term except in the exercise of a contractual right of termination in the instance of damage by fire or other casualty or partial or total taking, unless arrangements are made for Subtenant to occupy the Subleased Premises on economic terms comparable to those provided in this Sublease.
d. Sublandlord shall comply with all of the terms and provisions of the Prime Lease in full force and effect during the Term; : however, Sublandlord shall have no liability to Subtenant with respect to any failure on Sublandlord’s 's part to comply with or to preserve the Prime Lease to the extent that any such failure shall be attributable to or shall result from any breach by Subtenant of this Sublease. .
e. Except as set forth in section 5 above, Subtenant agrees to timely perform for shall comply with all terms and provisions of the benefit Prime Lease in full force and effect during the Term and shall fulfill all obligations of the Tenant thereunder.
f. If Sublandlord all receives an abatement of Sublandlord’s and Subtenant’s obligations rent as a result of a failure of performance by Prime Landlord under the Prime Lease except as otherwise expressly provided in this SubleaseLease, Subtenant shall be entitled to a similar abatement based upon the period covered by the abatement.
d. With the exception of subsection 6.b. above, this g. This Section 6 shall survive the expiration of the Sublease Term or earlier termination of this Sublease.
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