Common use of Sublease Limitation Clause in Contracts

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant Lessee shall not sublet the Leased Property on any basis basis, such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenantsublessee, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant any sublessee thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenantsuch sublessee, or (ii) any other formula formula, such that any portion of the such sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision theretothereto such that the sublease(s) might, in Landlord's reasonable determination, adversely affect the REIT status or treatment of Landlord or its Parent under any applicable REIT regulations.

Sublease Limitation. Anything contained in this Agreement or any Lease to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenantsublessee, or (ii) any other formula manner such that any portion of the sublease rental received by Lessor Landlord would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Internal Revenue Code of 1986 as amended (the "Code"), or any similar or successor provision provisions thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (ia) the income or profits derived by the business activities of the subtenantsublessee, or (iib) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the any Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental rental, if received by Lessor Landlord, would fail to qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to ------------------- the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease ------------------- to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (ia) the income or profits derived by the business activities of the subtenantsublessee, or (iib) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the ------------------- contrary notwithstanding, Tenant shall not sublet the any Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the any Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “rents from real property” within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the applicable Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (ia) the income or profits derived by the business activities of the subtenantsublessee, or (iib) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to ------------------- the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.. 104

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the applicable Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (ia) the income or profits derived by the business ' activities of the subtenantsublessee, or (iib) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (ia) the income or profits derived by the business activities of the subtenantsublessee, or (iib) any other formula such that any 50 57 portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (ia) the income or profits derived by the business activities of the subtenantsublessee, or (iib) any other formula such that any portion of the sublease rental received by Lessor would fail fall to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.

Sublease Limitation. Anything contained in this Lease to the ------------------- contrary notwithstanding, Tenant shall not sublet the Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (i) the income or profits derived by the business activities of the subtenant, or (ii) any other formula such that any portion of the sublease rental received by Lessor would fail to qualify as “"rents from real property” " within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto.