Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that: (i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease; (ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord; (iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
Appears in 3 contracts
Samples: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc), Lease Agreement (Bridgeline Software, Inc.)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) If any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the "Sublet Space") be dealt with in any particular manner in connection with any alteration of the Sublet Space, then it shall be the subtenant's obligation, at the subtenant's expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations (unless Landlord elects to deal with such Hazardous Substances itself, in which event, the subtenant shall reimburse Landlord for all of Landlord's costs and expenses in connection therewith within ten (10) days next following the rendition of a statement therefor).
Appears in 3 contracts
Samples: Lease Agreement (Harris & Harris Group Inc /Ny/), Lease Agreement (Predictive Systems Inc), Lease Agreement (Predictive Systems Inc)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's ’s option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's ’s Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) If any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the “Sublet Space”) be dealt with in any particular manner in connection with any alteration of the Sublet Space, then it shall be the subtenant’s obligation, at the subtenant’s expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations (unless Landlord elects to deal with such Hazardous Substances itself, in which event, the subtenant shall reimburse Landlord for all of Landlord’s costs and expenses in connection therewith within ten (10) days next following the rendition of a statement therefor).
Appears in 2 contracts
Samples: Lease Agreement (Harris & Harris Group Inc /Ny/), Lease Agreement (Yodle Inc)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under (a) Notwithstanding the provisions title of this document as a “Lease”, it the parties acknowledge that this Lease is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be deliveredsublease. This Lease is subject to, and no subtenant shall take possession Tenant accepts this Lease subject to, all of the Premises or any part thereofterms, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject covenants, provisions, conditions and subordinate to this Lease agreements contained in the Xxxxxxxxx and to the matters to which the Xxxxxxxxx is subject and subordinate. This Lease shall also be subject to, and Tenant accepts this Lease is also subject to, any future amendments or shall be subordinatesupplements to the Xxxxxxxxx hereafter made between Overlandlord and Landlord, and provided that any such future amendment or supplement to the Xxxxxxxxx, except as herein expressly recognized, contemplated or agreed, does not in any material respect increase Tenant’s obligations or decrease Tenant’s rights from, out of or under this Lease or prohibit Landlord from meeting its obligations hereunder. In the event of termination, re-entry or dispossession dispossess by Landlord Overlandlord under this Lease Landlord the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of TenantLandlord, as sublessor, under such subleasethis Lease, and such subtenant Tenant shall, at Landlord's Overlandlord’s option, attorn to Landlord Overlandlord pursuant to the then executory provisions of such subleasethis Lease, except that Landlord Overlandlord shall not (ai) be liable for any previous act or omission of Tenant Landlord under such subleasethis Lease, (bii) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued or may thereafter accrue to such subtenant Tenant against TenantLandlord, or (ciii) be bound by any previous modification of such sublease this Lease made without Overlandlord’s consent or by any previous prepayment of more than one month’s rent.
(1b) month's RentThe term “Landlord”, as used in this Lease, shall mean only the owner from time to time of the interest of the tenant under the Xxxxxxxxx. The In the event of any transfer or assignment of such interest, the transferor or assignor shall be relieved and freed of all covenants, obligations and liability of Landlord under this Lease accruing after such transfer or assignment, and it shall be deemed, without further agreement, that the transferee or assignee has assumed and agreed to perform and observe all obligations of Landlord under this Lease subsequent to the effective date of the transfer or assignment.
(c) Whenever Landlord has agreed that a required consent or approval shall not be withheld or delayed or unreasonably withheld or delayed, Landlord may withhold its consent or approval and/or it shall be deemed reasonable for Landlord to withhold or delay its consent or approval if Overlandlord, to the extent its consent is required pursuant to the terms of the Xxxxxxxxx, shall have delayed or refused to give any consent or approval which may be requested of it. Landlord shall promptly forward to Overlandlord such requests as Tenant may submit for approval or consent from Overlandlord. In the event a matter hereunder requires the consent of Overlandlord pursuant to the terms hereof or the Xxxxxxxxx and the time period for obtaining Overlandlord’s consent to a particular matter under the Xxxxxxxxx exceeds the time period set forth in this Lease with respect to such matter, such time period in this Lease shall be extended to the date set forth in the Xxxxxxxxx, plus an additional five (5) Business Days. If Landlord is willing to grant its consent to Tenant to a particular matter and Overlandlord is not willing to grant such consent, Landlord shall use good faith efforts to intermediate with Overlandlord to obtain such consent (without the obligation to spend sums of money, grant any concessions to Overlandlord under the Xxxxxxxxx or undertake any other monetary or non-monetary measures) and Tenant shall have the right to take whatever action may be available at law or under the Xxxxxxxxx to obtain such consent in its own name, and for that purpose and only to such extent, all of the rights of Landlord under the Xxxxxxxxx hereby are conferred upon and assigned to Tenant and Tenant is subrogated hereby to such rights to the extent that the same shall apply to the matter for which consent is sought. If any such action against Overlandlord in Tenant’s name shall be barred by reason of lack of privity, nonassignability or otherwise, Tenant may take such action in Landlord’s name provided Tenant has obtained the prior written consent of Landlord, which consent shall not be unreasonably withheld, provided, and Tenant hereby agrees, that Tenant shall indemnify and hold Landlord harmless from and against all liability, loss, damage or expense, including reasonable attorneys’ fees and expenses, which Landlord shall suffer or incur by reason of such action. Landlord agrees to cooperate with Tenant in any reasonable manner requested by Tenant in connection with an action or proceeding by Tenant against Overlandlord to enforce Landlord’s rights under the Xxxxxxxxx in respect of such consent; provided, however, that Tenant shall have agreed in writing to reimburse Landlord for any expenses incurred by Landlord in connection with such cooperation.
(d) Tenant covenants and agrees to perform (including to refrain from any action not permitted on the part of Landlord under the Xxxxxxxxx) and to observe all of the covenants, agreements, terms, provisions and conditions of the Xxxxxxxxx on the part of the Landlord to be performed and observed, to the extent that they apply to the Premises or the use and occupancy by Tenant of the Premises and the services and facilities of the Building. Tenant also covenants and agrees not to do or cause to be done or suffer or permit any act or thing to be done or suffered which would or might (i) constitute or cause a default under the Xxxxxxxxx, (ii) cause the Xxxxxxxxx or the rights of Landlord as tenant thereunder to be cancelled, terminated or forfeited, (iii) cause Landlord to become liable for any damages, costs, claims or penalties, or (iv) adversely affect or reduce any of Landlord’s rights or benefits under the Xxxxxxxxx. Without limiting the generality of the foregoing, Tenant acknowledges that Landlord is obligated pursuant to the terms of the Xxxxxxxxx, including Section 27.26 thereof, to reasonably cooperate with Overlandlord in connection with the conversion of the Building ownership to a synthetic condominium in connection with a transaction with the New York City Industrial Development Agency. Tenant agrees that it shall reasonably cooperate with Landlord to the extent necessary for Landlord to fulfill its obligations under the Xxxxxxxxx in connection with the foregoing condominium conversion, provided that Tenant’s rights and obligations under this Lease shall not be adversely affected thereby, except to a de minimis extent. Tenant agrees to indemnify, defend and hold Landlord harmless of, from and against any and all liabilities, losses, damages, suits, penalties, claims and demands of every kind or nature, including reasonable attorneys’ fees and expenses of defense and of enforcing this indemnity, by reason of Tenant’s failure to comply with the foregoing provisions of this Article 12 clause (d) or arising from the use, occupancy or manner of use and/or occupancy of the Premises or of any business conducted therein, or from any work or thing whatsoever done or any condition created by or any other act or omission of Tenant, its assignees or subtenants, or their respective employees, agents, servants, contractors, invitees, visitors or licensees, in or about the Premises or any other part of the Building.
(e) Landlord covenants and agrees to perform and observe all of the terms, covenants, provisions, conditions and agreements of the Xxxxxxxxx (including any and all rules and regulations which shall be self-operative in effect from time to time during the term of this Lease) in such manner so as to prevent the Xxxxxxxxx from being terminated and so as to not materially adversely affect or reduce the rights and benefits of Tenant under this Lease, it being understood that the foregoing relates solely to Landlord’s compliance with the Xxxxxxxxx in accordance with its terms and shall not be deemed or construed to obligate Landlord to seek to amend or contest, or otherwise act in any manner in contradiction to the express terms of the Xxxxxxxxx, or to commence any action against Overlandlord. Landlord represents that the Xxxxxxxxx is in full force and effect and that, to the best of Landlord’s knowledge, Landlord is not in default with respect to any material obligation of Landlord under the Xxxxxxxxx. Provided that Tenant is not then in default under this Lease beyond any applicable notice and grace period, Landlord agrees that it will not agree to a termination of the Xxxxxxxxx or take any action (or omit to take any action) that gives Overland the right to terminate the Xxxxxxxxx unless in connection therewith Overlandlord accepts this Lease as a direct lease between Overlandlord and Tenant, except as provided in the casualty and condemnation sections contained therein. If Landlord desires to terminate the Xxxxxxxxx, Tenant agrees to attorn to Overlandlord in connection with any such termination and to execute an attornment agreement in such form as may reasonably be requested by Landlord or Overlandlord. Landlord further covenants and agrees that if and so long as Tenant pays the Fixed Rent and Additional Charges and performs and observes all of the agreements, terms, conditions, covenants and provisions hereof, (i) Tenant shall quietly hold and enjoy the Premises, subject, however, to the terms of this Lease and the Xxxxxxxxx and to the matters to which the Xxxxxxxxx is subject and subordinate, and (ii) Landlord shall not do or suffer or permit anything to be done or suffered which would cause the Xxxxxxxxx to be cancelled, terminated or forfeited, except as provided in the casualty and condemnation sections contained therein.
(f) Tenant acknowledges and agrees that certain services, repairs, restorations, and access to and from the Premises may be provided by Overlandlord and Landlord shall have no further instrument obligation during the term of this Lease to provide any such services, repairs, restorations, equipment and access to the extent the same is an obligation of Overlandlord under the Xxxxxxxxx. Tenant agrees to look solely to Overlandlord for the furnishing of such services, repairs, restorations, equipment and access. Landlord shall in no event be liable to Tenant nor shall the obligations of Tenant hereunder be impaired or the performance thereof excused because of any failure or delay on Overlandlord’s part in furnishing such services, repairs, restorations, equipment and access; provided, however, that if Landlord’s rent is actually abated pursuant to the Xxxxxxxxx in respect of the Premises with respect to a service or condition that Overlandlord is required to provide or maintain, then Fixed Rent payable hereunder by Tenant shall also be abated during the same period that Landlord’s rent is so abated. If Overlandlord shall default in any of its obligations to Landlord with respect to the Premises, Tenant shall be required entitled to give effect participate with Landlord in the enforcement of Landlord’s rights against Overlandlord, but Landlord shall have no obligation to bring any action or proceeding or to take any steps to enforce Landlord’s rights against Overlandlord. If, after written request from Tenant, Landlord shall fail or refuse to take appropriate action for the enforcement of Landlord’s rights against Overlandlord in respect of the Premises within a reasonable period of time considering the nature of Overlandlord’s default, Tenant shall have the right to take such action in its own name, and for that purpose and only to such extent, all of the rights of Landlord under the Xxxxxxxxx hereby are conferred upon and assigned to Tenant and Tenant is subrogated hereby to such rights to the extent that the same shall apply to the Premises. If any such action against Overlandlord in Tenant’s name shall be barred by reason of lack of privity, nonassignability or otherwise, Tenant may take such action in Landlord’s name provided Tenant has obtained the prior written consent of Landlord, which consent shall not be unreasonably withheld, provided, and Tenant hereby agrees, that Tenant shall indemnify and hold Landlord harmless from and against all liability, loss, damage or expense, including reasonable attorneys’ fees and expenses, which Landlord shall suffer or incur by reason of such action. Landlord agrees to cooperate with Tenant in any reasonable manner requested by Tenant in connection with an action or proceeding by Tenant against Overlandlord to enforce Landlord’s rights under the Xxxxxxxxx in respect of the Premises; provided, however, that Tenant shall have agreed in writing to reimburse Landlord for any expenses incurred by Landlord in connection with such cooperation.
(g) This Lease is subject to and conditioned upon Landlord’s obtaining the prior written consent of Overlandlord hereto as provided in Article 14 of the Xxxxxxxxx. Promptly following execution and delivery hereof, Landlord will submit this Lease to Overlandlord for such consent. Tenant agrees that it shall cooperate in good faith with Landlord and shall comply with any reasonable request made of Tenant by Landlord or Overlandlord in connection with the procurement of such consent including the execution and delivery of a Consent to Sublease in substantially the form attached hereto as Exhibit F (or such other form of consent as may be reasonably acceptable to Landlord and Tenant). However, in no event shall Landlord be obligated to make any payment to Overlandlord in order to obtain the consent of Overlandlord to this provisionLease or any provision hereof.
Appears in 2 contracts
Samples: Lease (Yext, Inc.), Lease (Yext, Inc.)
Sublease Provisions. With respect to each and every Any sublease of all or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession any portion of the Premises Leased Property entered into on or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease after the date hereof shall provide as follows: (a) that it is subject and subordinate to this Lease Agreement and to the matters to which this Lease Agreement is or shall be subject or subordinate, and ; (b) that in the event of termination, re-entry termination of this Agreement or reentry or dispossession of Tenant by Landlord under this Lease Agreement, Landlord may, at its option, terminate such sublease or take over all of the right, title and interest of Tenant, as sublessor, sublessor under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that neither Landlord nor any Facility Mortgagee, as holder of a mortgage or as Landlord under this Agreement, if such Facility Mortgagee succeeds to that position, shall not (ai) be liable for any previous act or omission of Tenant under such sublease, (bii) be subject to any credit, counterclaim, offset or defense, not expressly provided in such sublease, defense which theretofore accrued to such subtenant against Tenant, or (ciii) be bound by any previous modification of such sublease not consented to in writing by Landlord or by any previous prepayment of more than one (1) month's Rent, (iv) be bound by any covenant of Tenant to undertake or complete any construction of the Leased Property or any applicable portion thereof, (v) be required to account for any security deposit of the subtenant other than any security deposit actually delivered to Landlord by Tenant, (vi) be bound by any obligation to make any payment to such subtenant or grant any credits, except for services, repairs, maintenance and restoration provided for under the sublease that are performed after the date of such attornment, (vii) be responsible for any monies owing by Tenant to the credit of such subtenant unless actually delivered to Landlord by Tenant, or (viii) be required to remove any Person occupying any applicable portion of the Leased Property; and (c), in the event that such subtenant receives a written Notice from Landlord or any Facility Mortgagee stating that an Event of Default has occurred and is continuing, such subtenant shall thereafter be obligated to pay all rentals accruing under such sublease directly to the party giving such Notice or as such party may direct. All rentals received from such subtenant by Landlord or the Facility Mortgagee, as the case may be, shall be credited against the amounts owing by Tenant under this Agreement and such sublease shall provide that the subtenant thereunder shall, at the request of Landlord, execute a suitable instrument in confirmation of such agreement to attorn. An original counterpart of each such sublease and assignment and assumption, duly executed by Tenant and such subtenant or assignee, as the case may be, in form and substance reasonably satisfactory to Landlord, shall be delivered promptly to Landlord and (a) in the case of an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Agreement on the part of Tenant to be kept and performed and shall be, and become, jointly and severally liable with Tenant for the performance thereof and (b) in case of either an assignment or subletting, Tenant shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Tenant hereunder. The provisions of this Article 12 Section 16.2 shall not be self-operative and no further instrument shall be required to give effect to this provision.deemed a waiver of the provisions set forth in the first paragraph of Section 16.1. -53- 16.3
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Alterra Healthcare Corp)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) If any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the "Sublet Space") be dealt with in any particular manner in connection with any alteration of the Sublet Space or otherwise, then it shall be the subtenant's obligation, at the subtenant's expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations. In the event the subtenant is required to deal with Hazardous Substances in accordance with the foregoing provisions of this paragraph (iv) of subsection I of Article 12, then, notwithstanding anything herein to the contrary, Landlord, at Landlord's election, shall have the option to deal with such Hazardous Substances itself and, in such event, the subtenant shall reimburse Landlord for all of Landlord's costs and expenses in connection therewith within ten (10) days next following the rendition of a statement by Landlord to the subtenant requesting such reimbursement. If the subtenant shall fail to so reimburse Landlord for the aforesaid costs and expenses within the ten (10) day period referred to above, then notwithstanding anything contained in the Lease to the contrary, such costs and expenses shall, at Landlord's option, be paid by Tenant to Landlord, within ten (10) days next following of Landlord's demand therefor.
Appears in 2 contracts
Samples: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;.
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;.
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's ’s option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease unless: (x) such act or omission: (1) continues after the date that Landlord succeeds to Tenant’s interest in the sublease and (2) is reasonably susceptible of cure by Landlord, and (y) subtenant has given Landlord notice of such act or omission and a reasonable opportunity to cure the same (which shall be no shorter than any cure period given to Tenant under the sublease), (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease not expressly consented to by Landlord except for modifications expressly provided for in a Landlord approved sublease, of which Landlord has received notice (such as, for example, renewal options, cancellation options and expansion options) or (d) by any previous prepayment of more than one (1) month's Rent’s Rent that is not actually received by Landlord. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, due to an Event of Default by Tenant hereunder, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over.
(v) Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant’s estate in the Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease in connection with such succession and, at Landlord’s election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any previous act or omission of Tenant under such sublease unless: (x) such act or omission: (1) continues after the date that Landlord succeeds to Tenant’s interest in the sublease and (2) is reasonably susceptible of cure by Landlord, and (y) subtenant has given Landlord notice of such act or omission and a reasonable opportunity to cure the same (which shall be no shorter than any cure period given to Tenant under the sublease), (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease not expressly consented to by Landlord except for modifications expressly provided for in the sublease, of which Landlord has received notice (such as, for example, renewal options, cancellation options and expansion options) or by any previous prepayment of more than one (1) month’s rent and Additional Rent not actually received by Landlord which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or the Building or any part thereof, beyond Landlord’s obligations under Article 10 of this Lease, (v) be obligated to repair the subleased space or the Building or any part thereof, in the event of partial condemnation beyond Landlord’s obligations pursuant to Article 11 of this Lease, or (vi) be obligated to perform any work in the subleased space of the Building or to prepare them for occupancy beyond Landlord’s obligations under this Lease, and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment.
Appears in 2 contracts
Samples: Lease Agreement (Compass, Inc.), Lease Agreement (Urban Compass, Inc.)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's ’s option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's ’s Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) If any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the “Sublet Space”) be dealt with In any particular manner in connection with any alteration of the Sublet Space, then it shall be the subtenant’s obligation, at the subtenant’s expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations (unless Landlord elects to deal with such Hazardous Substances itself, in which event, the subtenant shall reimburse Landlord for all of Landlord’s costs and expenses in connection therewith within ten (10) days next following the rendition of a statement therefor).
Appears in 1 contract
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under (a) Notwithstanding the provisions title of this document as a "Lease", it the parties acknowledge that this Lease is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be deliveredsublease. This Lease is subject to, and no subtenant shall take possession Tenant accepts this Lease subject to, all of the Premises or any part thereofterms, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject covenants, provisions, conditions and subordinate to this Lease agreements contained in the Xxxxxxxxx and to the matters to which the Xxxxxxxxx is subject and subordinate. This Lease shall also be subject to, and Tenant accepts this Lease is also subject to, any future amendments or shall be subordinatesupplements to the Xxxxxxxxx hereafter made between Overlandlord and Landlord, provided that any such future amendment or supplement to the Xxxxxxxxx, except as herein expressly recognized, contemplated or agreed, does not in any material respect increase Tenant's obligations or decrease Tenant's rights from, out of or under this Lease or prohibit Landlord from meeting its obligations hereunder. Except to the extent provided in the Subordination and that Non-Disturbance Agreement between Tenant and Overlandlord, in the event of termination, re-entry or dispossession dispossess by Landlord Overlandlord under this Lease Landlord the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of TenantLandlord, as sublessor, under such subleasethis Lease, and such subtenant Tenant shall, at LandlordOverlandlord's option, attorn to Landlord Overlandlord pursuant to the then executory provisions of such subleasethis Lease, except that Landlord Overlandlord shall not (ai) be liable for any previous act or omission of Tenant Landlord under this Lease (including, without limitation, Landlord) other than to cure defaults of a continuing nature as though such subleasedefaults had first occurred on the date Overlandlord became landlord under this Lease, (bii) be subject to any counterclaim, offset or defenseoffset, not expressly provided in such subleasethis Lease, which theretofore accrued to such subtenant Tenant against TenantLandlord, or (ciii) be bound by any previous modification of such sublease this Lease made without Overlandlord's consent or by any previous prepayment of more than one (1) month's Rentrent; In the event of any conflict between the terms of any Subordination and Non-Disturbance. The Agreement entered into between Tenant and Overlandlord and the provisions of this Article 12 Lease, including the foregoing sentence, the terms and provisions of the Subordination and Non-Disturbance Agreement shall govern.
(b) The term "Landlord", as used in this Lease, shall mean only the owner from time to time of the interest of the tenant under the Xxxxxxxxx. In the event of any transfer or assignment of such interest, the transferor or assignor shall be self-operative relieved and no further instrument freed of all covenants, obligations and liability of Landlord under this Lease accruing after such transfer or assignment, and it shall be deemed, without further agreement, that the transferee or assignee has assumed and agreed to perform and observe all obligations of Landlord under this Lease subsequent to the effective date of the transfer or assignment; provided, that, Tenant receives a copy of transferee's or assignee's written assumption of the covenants and obligations contained in this Lease.
(c) Whenever Landlord has agreed that a required consent or approval shall not be withheld or delayed or unreasonably withheld or delayed, Landlord may withhold its consent or approval and/or it shall be deemed reasonable for Landlord to withhold or delay its consent or approval if Overlandlord, to the extent its consent is required pursuant to the terms of the Xxxxxxxxx, shall have delayed or refused to give effect any consent or approval which may be requested of it. Landlord shall promptly forward to this provision.Overlandlord such requests as Tenant may submit for approval or consent from Overlandlord. In the event a matter hereunder requires the consent of Overlandlord pursuant to the terms hereof or the Xxxxxxxxx and the time period for obtaining Ovedandlord's consent to a particular matter under the Xxxxxxxxx exceeds the time period set forth in the Lease with respect to such matter, such time period in the Lease shall be extended to the date set forth in the Xxxxxxxxx, plus an additional five (5)
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Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord Sublandlord under the provisions of this LeaseSublease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this LeaseSublease;
(ii) No sublease shall be deliveredeffective, and no subtenant shall take possession of the Sublease Premises or any part thereof, until an executed counterpart of such sublease has been delivered to LandlordSublandlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease Sublease and to the matters to which this Lease Sublease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord Sublandlord under this Lease Landlord Sublease Sublandlord may, at its option, take over all of the right, title and interest of TenantSubtenant, as sublessor, under such sublease, and such subtenant shall, at LandlordSublandlord's option, attorn to Landlord Sublandlord pursuant to the then executory provisions of such sublease, except that Landlord Sublandlord shall not (a) be liable for any previous act or omission of Tenant Subtenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against TenantSubtenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Fixed Rent, except to the extent received by Sublandlord. The provisions of this Article 12 9 shall be self-operative and no further instrument shall be required to give effect to this provision.
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Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) Subject to Article 6, if in connection with any alteration to the Sublet Space (as hereinafter defined) by Tenant or any subtenant (which for purposes hereof, shall not include Tenant's initial alteration to the Desired Sublet Premises), unless Landlord or its designee is the subtenant pursuant to Section C herein, any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the "SUBLET SPACE") be dealt with in any particular manner in connection with any alteration of the Sublet Space, then it shall be the subtenant's obligation, at the subtenant's expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations. In the event the subtenant is required to deal with Hazardous Substances in accordance with the foregoing provisions of this paragraph (iv) of subsection I of Article 12, then, notwithstanding anything herein to the contrary, Landlord, at Landlord's election, shall have the option to deal with such Hazardous Substances itself and, in such event, the subtenant shall reimburse Landlord for all of Landlord's actual out-of-pocket costs and expenses in connection therewith within ten (10) days next following the rendition of a statement by Landlord to the subtenant requesting such reimbursement. If the subtenant shall fail to so reimburse Landlord for the aforesaid costs and expenses within the ten (10) day period referred to above, then notwithstanding anything contained in the Lease to the contrary, such costs and expenses shall, at Landlord's option, be paid by Tenant to Landlord, within ten (10) days next following of Landlord's demand therefor.
Appears in 1 contract
Samples: Lease Agreement (Viatel Inc)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No no subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No no sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;; and
(iii) Each each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Lease, Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such subleasesublease (except for acts or omissions of an ongoing nature), (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease not approved by Landlord in writing or by any previous prepayment of more than one (1) month's Rentrent, and all such rent shall remain due and owing, notwithstanding such advance payment, except any such payment actually delivered to Landlord, or (d) be obligated to perform any work in the subleased space or to prepare for occupancy, and in connection with such attornment, the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
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Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under (a) Notwithstanding the provisions title of this document as a "Lease", it the parties acknowledge that this Lease is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be deliveredsublease. This Lease is subject to, and no subtenant shall take possession Tenant accepts this Lease subject to, all of the Premises or any part thereofterms, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject covenants, provisions, conditions and subordinate to this Lease agreements contained in the Xxxxxxxxx and to the matters to which the Xxxxxxxxx is subject and subordinate. This Lease shall also be subject to, and Tenant accepts this Lease is also subject to, any future amendments or shall be subordinatesupplements to the Xxxxxxxxx hereafter made between Overlandlord and Landlord, provided that Tenant receives prior notice of the same and that any such future amendment or supplement to the Xxxxxxxxx, except as herein expressly recognized, contemplated or agreed, does not in any material respect increase Tenant's obligations or decrease Tenant's rights from, out of or under this Lease or prohibit Landlord from meeting its obligations under hereunder. Except to the extent provided in the Subordination and Non-Disturbance Agreement between Tenant and Overlandlord, in the event of termination, re-entry or dispossession dispossess by Landlord Overlandlord under this Lease Landlord the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of TenantLandlord, as sublessor, under such subleasethis Lease, and such subtenant Tenant shall, at LandlordOverlandlord's option, attorn attom to Landlord Overlandlord pursuant to the then executory provisions of such subleasethis Lease, except that Landlord Overlandlord shall not (ai) be liable for any previous act or omission of Tenant Landlord under such subleasethis Lease, (bii) be subject to any counterclaim, offset or defenseoffset, not expressly provided in such subleasethis Lease, which theretofore accrued to such subtenant Tenant against TenantLandlord, or (c) be iii)be bound by any previous modification of such sublease this Lease made without Overlandlord's consent or by any previous prepayment of more than one (1) month's Rentrent. The In the event of any conflict between the terms of any Subordination and Non-Disturbance Agreement entered into between Tenant and Overlandlord and the provisions of this Article 12 Lease, including the foregoing sentence, the terms and provisions of the Subordination and Non-Disturbance Agreement shall govern.
(b) The term "Landlord", as used in this Lease, shall mean only the owner from time to time of the interest of the tenant under the Xxxxxxxxx. In the event of any transfer or assignment of such interest, the transferor or assignor shall be self-operative relieved and no further instrument freed of all covenants, obligations and liability of Landlord under this Lease accruing after such transfer or assignment, and it shall be deemed, without further agreement, that the transferee or assignee has assumed and agreed to perform and observe all obligations of Landlord under this Lease subsequent to the effective date of the transfer or assignment.
(c) Whenever Landlord has agreed that a required consent or approval shall not be withheld or delayed or unreasonably withheld or delayed. Landlord may withhold its consent or approval and/or it shall be deemed reasonable for Landlord to withhold or delay its consent or approval if Overlandlord, to the extent its consent is required pursuant to the terms of the Xxxxxxxxx, shall have delayed or refused to give any consent or approval which may be requested of it. Landlord shall promptly forward to Overlandlord such requests as Tenant may submit for approval or consent from Overlandlord, In the event a matter hereunder requires the consent of Overlandlord pursuant to the terms hereof or the Xxxxxxxxx and the time period for obtaining Overlandlord's consent to a particular matter under the Xxxxxxxxx exceeds the time period set forth in the Lease with respect to such matter, such time period in the Lease shall be extended to the date set forth in the Xxxxxxxxx, plus an additional three (3) Business Days. If Landlord is willing to grant its consent to Tenant to a particular matter and Overlandlord is not willing to grant such consent, Landlord shall use good faith efforts to intermediate with Overlandlord to obtain such consent (without the obligation to spend sums of money, grant any concessions to Overlandlord under the Xxxxxxxxx or undertake any other significant monetary or non-monetary measures) and Tenant shall have the right to take whatever action may available at law or under the Xxxxxxxxx to obtain such consent in its own name, and for that purpose and only to such extent, all of the rights of Landlord under the Xxxxxxxxx hereby are conferred upon and assigned to Tenant and Tenant is subrogated hereby to such rights to the extent that the same shall apply to the matter for which consent is sought. If any such action against Overlandlord in Tenant's name shall be barred by reason of lack of privity, nonassignability or otherwise, Tenant may take such action in Landlord's name provided Tenant has obtained the prior written consent of Landlord, which consent shall not be unreasonably withheld, provided, and Tenant hereby agrees, that Tenant shall indemnify and hold Landlord harmless from and against all liability, loss, damage or expense, including, without being limited to, reasonable attorneys' fees and expenses, which Landlord shall suffer or incur by reason of such action. Landlord agrees to cooperate with Tenant in any reasonable manner requested by Tenant in connection with an action or proceeding by Tenant against Overlandlord to enforce Landlord's rights under the Xxxxxxxxx in respect of such consent; provided, however, that Tenant shall have agreed in writing to reimburse Landlord for any out-of-pocket expenses incurred by Landlord in connection with such cooperation
(d) Tenant covenants and agrees to perform (including to refrain from any action not permitted on the part of Landlord under the Xxxxxxxxx) and to observe all of the covenants, agreements, terms, provisions and conditions of the Xxxxxxxxx on the part of the Landlord to be performed and observed, to the extent that they apply to the Premises or the use and occupancy by Tenant of the Premises and the services and facilities of the Building. Tenant also covenants and agrees not to do or cause to be done or suffer or permit any act or thing to be done or suffered which would or might (i) constitute or cause a default under the Xxxxxxxxx, (ii) cause the Xxxxxxxxx or the rights of Landlord as tenant thereunder to be cancelled, terminated or forfeited, (iii) cause Landlord to become liable for any damages, costs, claims or penalties, or (iv) adversely affect or reduce any of Landlord's rights or benefits under the Xxxxxxxxx. Without limiting the generality of foregoing, Tenant acknowledges that Landlord is obligated pursuant to the terms of the Xxxxxxxxx, including, without limitation, Section 27.26 thereof, to reasonably cooperate with Overlandlord in connection with the conversion of the Building ownership to a synthetic condominium in connection with a transaction with the New York City Industrial Development Agency. Tenant agrees that it shall reasonably cooperate with Landlord to the extent necessary for Landlord to fulfill its obligations under the Xxxxxxxxx in connection with the foregoing condominium conversion, provided that Tenant's rights and obligations under the Lease shall not be adversely affected thereby, except to a de minimis extent. Tenant agrees to indemnify, defend and hold Landlord harmless of, from and against any and all liabilities, losses, damages, suits, penalties, claims and demands of every kind or nature, including, without being limited to, reasonable attorneys' fees and expenses of defense and of enforcing this indemnity, by reason of Tenant's failure to comply with the foregoing provisions of this clause (d) or arising from the use, occupancy or manner of use and/or occupancy of the Premises or of any business conducted therein, or from any work or thing whatsoever done or any condition created by or any other act or omission of Tenant, its assignees or subtenants, or their respective employees, agents, servants, contractors, invitees, visitors or licensees, in or about the Premises or any other part of the Building.
(e) Landlord covenants and agrees to perform and observe all of the terms, covenants, provisions, conditions and agreements of the Xxxxxxxxx (including any and all rules and regulations which shall be in effect from time to time during the term of this Lease) in such manner so as to prevent the Xxxxxxxxx from being terminated and so as to not adversely affect or reduce the rights and benefits of Tenant under the Lease, it being understood that the foregoing relates solely to Landlord's compliance with the Xxxxxxxxx in accordance with its terms and shall not be deemed or construed to obligate Landlord to seek to amend or contest, or otherwise act in any manner in contradiction to the express terms of the Xxxxxxxxx, or to commence any action against Overlandlord. Landlord represents that the Xxxxxxxxx is in full force and effect and that, to the best of Landlord's knowledge, Landlord is not in default with respect to any material obligation of Landlord under the Xxxxxxxxx. Provided that Tenant is not then in default under the terms of this Lease beyond applicable notice and grace periods, Landlord agrees that it will not agree to a termination of the Xxxxxxxxx unless in connection therewith Overlandlord accepts this Lease as a direct lease between Overlandlord and Tenant. Unless the parties have otherwise entered into a Subordination and Non-Disturbance Agreement, the terms of which will govern, if Landlord desires to terminate the Xxxxxxxxx, Tenant agrees to attorn to Overlandlord in connection with any such termination and to execute an attainment agreement in such form as may reasonably be requested by Landlord or Overlandlord. Landlord further covenants and agrees that if and so long as Tenant pays the Fixed Rent and Additional Charges and performs and observes all of the agreements, terms, conditions, covenants and provisions hereof, (i) Tenant shall quietly hold and enjoy the Premises, subject, however, to the terms of this Lease and the Xxxxxxxxx and to the matters to which the Xxxxxxxxx is subject and subordinate, and (ii) Landlord shall not do or suffer or permit anything to be done or suffered which would cause the Xxxxxxxxx to be cancelled, terminated or forfeited, except as provided in the casualty and condemnation sections contained therein.
(f) Tenant acknowledges and agrees that certain services, repairs, restorations, and access to and from the Premises may be provided by Overlandlord and Landlord shall have no obligation during the term of this Lease to provide any such services, repairs, restorations, equipment and access to the extent the same is an obligation of Overlandlord under the Xxxxxxxxx. Tenant agrees to look solely to Overlandlord for the furnishing of such services, repairs, restorations, equipment and access. Landlord shall in no event be liable to Tenant nor shall the obligations of Tenant hereunder be impaired or the performance thereof excused because of any failure or delay on Overlandlord's part in furnishing such services, repairs, restorations, equipment and access; provided, however, that if Landlord's rent is actually abated pursuant to the Xxxxxxxxx in respect of the Premises with respect to a service or condition that Overlandlord is required to give effect provide or maintain, then Fixed Rent payable hereunder by Tenant shall also be abated during the same period that Landlord's rent is so abated. If Overlandlord shall default in any of its obligations to this provision.Landlord with respect to the Premises, Tenant shall be entitled to participate with Landlord in the enforcement of Landlord's rights against Overlandlord, but Landlord shall have no obligation to bring any action or proceeding or to take any steps to enforce Landlord's rights against Overlandlord. If, after written request from Tenant, Landlord shall fail or refuse to take appropriate action for the enforcement of Landlord's rights against Overlandlord in respect of the Premises within a reasonable period of time considering the nature of Overlandlord's default, Tenant shall have the right to take such action in its own name, and for that purpose and only to such extent, all of the rights of Landlord under the Xxxxxxxxx hereby are conferred upon and assigned to Tenant and Tenant is subrogated hereby to such rights to the extent that the same shall apply to the Premises. If any such action against Overlandlord in Tenant's name shall be barred by
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) If any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the "Sublet Space") be dealt with in any particular manner in connection with any alteration of the Sublet Space or otherwise, then it shall be the subtenant's obligation, at the subtenant's expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations. In the event the subtenant is required to deal with Hazardous Substances in accordance with the foregoing provisions of this paragraph (iv) of subsection I of Article 12, then, notwithstanding anything herein to the contrary, Landlord, at Landlord's election, shall have the option to deal with such Hazardous Substances itself and, in such event, the subtenant shall reimburse Landlord for all of Landlord's costs and expenses in connection therewith within ten (10) days next following the rendition of a statement by Landlord to the subtenant requesting such reimbursement. If the subtenant shall fail to so reimburse Landlord for the aforesaid costs and expenses within the ten (10) day period referred to above, ten notwithstanding anything contained in the Lease to the contrary, such costs and expenses shall, at Landlord's option, be paid by Tenant to Landlord, within ten (10) days next following of Landlord's demand therefor.
Appears in 1 contract
Samples: Lease Agreement (Thrupoint Inc)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision; and
(iv) If any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the "Sublet Space") be dealt with in any particular manner in connection with any alteration of the Sublet Space, then it shall be either the Tenant's or the subtenant's obligation, at such party's expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations (unless Landlord elects to deal with such Hazardous Substances itself, in which event, the Tenant or the subtenant shall reimburse Landlord for all of Landlord's costs and expenses in connection therewith within ten (10) days next following the rendition of a statement therefor).
Appears in 1 contract
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision; and
(iv) Each subletting pursuant to this Article 12 shall be subject to all of the covenants, agreements, terms, provisions and conditions contained in this Lease. Notwithstanding any such subletting to any subtenant and/or acceptance of Base Rent or additional rent by Landlord from any subtenant, Tenant shall and will remain fully liable for the payment of the Base Rent and additional rent due and to become due hereunder and for the performance of all the covenants, agreements, terms, provisions and conditions contained in this Lease on the part of Tenant to be performed and all acts and omissions of any licensee or subtenant or anyone claiming under or through any subtenant which shall be in violation of any of the obligations of this Lease shall be deemed to be a violation by Tenant. Tenant further agrees that notwithstanding any such subletting, no other and further subletting of the Premises by Tenant or any person claiming through or under Tenant shall or will be made except upon compliance with and subject to the provisions of this Article 12.
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Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No no subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No no sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;Landlord (which may be delivered via email); and
(iii) Each each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Lease, Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease not approved by Landlord in writing or by any previous prepayment of more than one (1) month's Rentrent, and all such rent shall remain due and owing, notwithstanding such advance payment, or (d) be obligated to perform any work in the subleased space or to prepare for occupancy, and in connection with such attornment, the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
Appears in 1 contract
Sublease Provisions. With respect to each and every Any sublease of all or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession any portion of the Premises Leased Property entered into on or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease after the date hereof shall provide as follows: (a) that it is subject and subordinate to this Lease Agreement and to the matters to which this Lease Agreement is or shall be subject or subordinate, and ; (b) that in the event of termination, re-entry termination of this Agreement or reentry or dispossession of Tenant by Landlord under this Lease Agreement, Landlord may, at its option, terminate such sublease or take over all of the right, title and interest of Tenant, as sublessor, sublessor under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that neither Landlord nor any Facility Mortgagee, as holder of a mortgage or as Landlord under this Agreement, if such Facility Mortgagee succeeds to that position, shall not (ai) be liable for any previous act or omission of Tenant under such sublease, (bii) be subject to any credit, counterclaim, offset or defense, not expressly provided in such sublease, defense which theretofore accrued to such subtenant against Tenant, or (ciii) be bound by any previous modification of such sublease not consented to in writing by Landlord or by any previous prepayment of more than one (1) month's Rent, (iv) be bound by any covenant of Tenant to undertake or complete any construction of the Leased Property or any applicable portion thereof, (v) be required to account for any security deposit of the subtenant other than any security deposit actually delivered to Landlord by Tenant, (vi) be bound by any obligation to make any payment to such subtenant or grant any credits, except for services, repairs, maintenance and restoration provided for under the sublease that are performed after the date of such attornment, (vii) be responsible for any monies owing by Tenant to the credit of such subtenant unless actually delivered to Landlord by Tenant, or (viii) be required to remove any Person occupying any applicable portion of the Leased Property; and (c), in the event that such subtenant receives a written Notice from Landlord or any Facility Mortgagee stating that an Event of Default has occurred and is continuing, such subtenant shall thereafter be obligated to pay all rentals accruing under such sublease directly to the party giving such Notice or as such party may direct. All rentals received from such subtenant by Landlord or the Facility Mortgagee, as the case may be, shall be credited against the amounts owing by Tenant under this Agreement and such sublease shall provide that the subtenant thereunder shall, at the request of Landlord, execute a suitable instrument in confirmation of such agreement to attorn. An original counterpart of each such sublease and assignment and assumption, duly executed by Tenant and such subtenant or assignee, as the case may be, in form and substance reasonably satisfactory to Landlord, shall be delivered promptly to Landlord and (a) in the case of an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Agreement on the part of Tenant to be kept and performed and shall be, and become, jointly and severally liable with Tenant for the performance thereof and (b) in case of either an assignment or subletting, Tenant shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Tenant hereunder. The provisions of this Article 12 Section 16.2 shall not be self-operative and no further instrument shall be required to give effect to this provisiondeemed a waiver of the provisions set forth in the first paragraph of Section 16.1.
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Sublease Provisions. With respect to each 25.1 This Sublease and every sublease or subletting authorized by Landlord under all the provisions rights of this Lease, it is further agreed that:
(i) No subletting Sublessee hereunder are and shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this all of the terms, provisions, covenants, agreements, conditions and obligations of the Lease, and to all of the matters, instruments or agreements to which the Lease and to the matters to which this Lease is all rights of Sublessor as tenant thereunder are or shall be subject or subordinate.
25.2 Except as otherwise expressly modified by this Sublease, the terms, provisions and that conditions of the Lease are incorporated in this Sublease by reference with the event of terminationsame force and effect as if fully set forth herein.
25.3 Except as expressly modified by this Sublease, re-entry or dispossession by Landlord under this Lease Landlord maycommencing on the date hereof, at its optioneach and every term, take over covenant and condition and all of the rightduties and obligations imposed upon Sublessor as the tenant under the Lease are hereby imposed upon and assumed by Sublessee in respect of this Sublease with respect to the Premises, title and interest all of the rights thereby conferred and imposed upon Lessor are hereby conferred, imposed upon Sublessor in respect of this Sublease with respect to the Premises. Accordingly, "Lessor" and "Tenant," and words of similar import, wherever the same appear in the Lease, shall be construed to mean, respectively, "Sublessor" and "Sublessee"; and "Lease", and words of similar import, wherever the same appear in the Lease, shall be construed to mean this "Sublease".
25.4 Except as expressly modified by this Sublease, Sublessee shall be entitled to the rights of Sublessor, as sublessortenant under the Lease, with respect to the Premises; provided, however, that Sublessee shall not in any event have any rights in respect of the Premises greater than Sublessor's rights under such subleasethe Lease. Any obligations of Sublessor relating to the Premises which are contained in this Sublease by incorporation by reference of the provisions of the Lease may be observed or performed by Sublessor using reasonable, good faith efforts to cause the Lessor under the Lease to observe and/or perform the same, and Sublessor shall have a reasonable period of time to enforce its rights to cause such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions observance of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provisionperformance.
Appears in 1 contract
Samples: Sublease
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it This Sublease is subject and subordinate to the Master Lease identified in Section 1 above (a copy of which Subtenant acknowledges having received), and to all renewals, extensions, hypothecations, and modifications thereof. Except to the extent otherwise specifically set forth in this Sublease, all the terms, covenants and conditions in the Master Lease shall be applicable to this Sublease with the same force and effect as if Sublandlord were the lessor under the Master Lease and Subtenant were the lessee thereunder; provided, that nothing herein shall be construed as permitting Subtenant hereunder to exercise any extension or renewal rights, to exercise any termination right or to exercise any right of first offer or right of first refusal to purchase the matters Building or Property or to expand the Premises to which this Lease is or shall Sublandlord may be subordinateentitled under the Master Lease, and that in no event shall Subtenant be entitled to any “abated Rent” or any construction, design, or tenant improvement allowances, and in no event shall Sublandlord be obligated to extend the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all term of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory Master Lease for any reason. In all provisions of such subleasethe Master Lease (under the terms thereof and without regard to modifications thereof for purposes of incorporation into this Sublease) requiring the approval or consent of Master Lessor, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument Subtenant shall be required to give effect obtain the approval or consent of Master Lessor and Sublandlord. In all provisions of the Master Lease requiring Sublandlord to submit, exhibit to, supply or provide Master Lessor with evidence, certificates, or any other matter or thing, Subtenant shall be required to submit, exhibit to, supply or provide, as the case may be, the same to Master Lessor and Sublandlord. In any such instance, Sublandlord shall determine if such evidence, certificate or other matter or thing shall be satisfactory in its reasonable business judgment. Notwithstanding the foregoing, the following provisions of the Master Lease shall not apply to this provision.Sublease as between Sublandlord and Subtenant: Section 1.04 (Security Deposit), Section 7.01 (Repairs and Maintenance by Landlord), Section 7.02 (Repairs and Maintenance by Tenant), Section 10.01 (Assignment and Subletting), Article XII (Destruction or Damage), Article 13 (Condemnation), Article XV (Indemnification and Liability), Article XXII (Relocation of Tenant), Section 25.13 (Tenant Financial Statements), Section 25.19 (Renewal Option), Section 25.20 (Termination Option), Section 25.21 (Right of First Offer), provisions relating to the Term (and any renewal options), rental amounts, incentives or concessions, any representations and warranties of Master Lessor, and any other provisions inconsistent with this Sublease. In no event shall the term of this Sublease extend beyond the date that is the termination or expiration date of the Master Lease. Subtenant shall neither do nor permit anything to be done which would constitute a default or breach under the Master Lease or which would cause the Master Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in the Master Lessor, and Subtenant agrees to comply with all terms, conditions, and covenants of the Master Lease. Sublandlord shall neither do nor permit anything to be done which would constitute a default or breach under the Master Lease, or which would cause the Master Lease to be terminated by the Master Lessor due to Sublandlord’s default or breach under the Master Lease, and Sublandlord agrees to comply with all terms, conditions, and covenants of the Master Lease. Sublandlord shall have no liability to Subtenant if this Sublease is terminated due to any termination of the Master Lease by the Master Lessor for any reason other than Sublandlord’s default as the lessee under the Master Lease, or if Master Lessor elects to relocate Sublandlord under the terms of the Master Lease. If the Master Lease is terminated as a result of Sublandlord’s default under the Master Lease, prior to the expiration date of this Sublease, Subtenant shall, at Master Lessor’s option, fully and completely attorn to Master Lessor for the balance of the term of the Sublease, and Subtenant further waives any provision of any present of future law which may give Subtenant any right of election to terminate this Sublease except that Subtenant reserves the right to terminate this Sublease if such right is provided in this Sublease or if Master Lessor is in default under this Sublease after Master Lessor assumes Sublandlord’s obligations under this Sublease. The foregoing sentence is further subject to and conditioned upon Master Lessor’s agreement that Subtenant’s possession of the Subleased Premises, and this Sublease, including any options to extend the term hereof, will not be disturbed so long as Subtenant is not in default beyond any applicable notice and cure period hereof,
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Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration -Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision;
(iv) If any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the "Sublet Space") be dealt with in any particular manner in connection with any alteration of the Sublet Space, then it shall be the subtenant's obligation, at the subtenant's expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations (unless Landlord elects to deal with such Hazardous Substances itself, in which event, the subtenant shall reimburse Landlord for all of Landlord's costs and expenses in connection therewith within ten (10) days next following the rendition of a statement therefor); and
(v) Except for any subletting by Tenant to Landlord or its designee pursuant to the provisions of this Article 12, each subletting pursuant to this Article 12 shall be subject to all of the covenants, agreements, terms, provisions and conditions contained in this Lease. Notwithstanding any such subletting to Landlord or any such subletting to any other subtenant and/or acceptance of Rent or additional rent by Landlord from any subtenant. Tenant shall and will remain fully liable for the payment of the Rent and additional rent due and to become due hereunder and for the performance of all the covenants, agreements, terms, provisions and conditions contained in this Lease on the part of Tenant to be performed and all acts and omissions of any licensee or subtenant or anyone claiming under or through any subtenant which shall be in violation of any of the obligations of this Lease shall be deemed to be a violation by Tenant. Tenant further agrees that notwithstanding any such subletting, no other and further subletting of the Premises by Tenant or any person claiming through or under Tenant shall or will be made except upon compliance with and subject to the provisions of this Article 12.
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Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's ’s option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's ’s Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) If any laws, orders, rules or regulations of any applicable governmental authority require that any Hazardous Substances, including, without limitation, asbestos, contained in or about the Premises to be sublet (the “Sublet Space”) be dealt with in any particular manner in connection with any alteration of the Sublet Space or otherwise, then it shall be the subtenant’s obligation, at the subtenant’s expense, to deal with such Hazardous Substances in accordance with all such laws, orders, rules and regulations. In the event the subtenant is required to deal with Hazardous Substances in accordance with the foregoing provisions of this paragraph (iv) of subsection I of Article 12, then, notwithstanding anything herein to the contrary, Landlord, at Landlord’s election, shall have the option to deal with such Hazardous Substances itself and, in such event, the subtenant shall reimburse Landlord for all of Landlord’s costs and expenses in connection therewith within ten (10) days next following the rendition of a statement by Landlord to the subtenant requesting such reimbursement. If the subtenant shall fail to so reimburse Landlord for the aforesaid costs and expenses within the ten (10) day period referred to above, then notwithstanding anything contained in the Lease to the contrary, such costs and expenses shall, at Landlord’s option, be paid by Tenant to Landlord, within ten (10) days next following of Landlord’s demand therefor.
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Samples: Lease Agreement (Intralinks Inc)
Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under the provisions of this Lease, it is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;.
(ii) No sublease shall be delivered, and no subtenant shall take possession of the Premises or any part thereof, until an executed counterpart of such sublease has been delivered to Landlord;.
(iii) Each sublease shall provide that it is subject and subordinate to this Lease and to the matters to which this Lease is or shall be subordinate, and that in the event of termination, re-entry or dispossession by Landlord under this Lease Landlord may, at its option, take over all of the right, title and interest of Tenant, as sublessor, under such sublease, and such subtenant shall, at Landlord's ’s option, attorn to Landlord pursuant to the then executory provisions of such sublease, except that Landlord shall not (a) be liable for any previous act or omission of Tenant under such sublease, (b) be subject to any counterclaim, offset or defense, not expressly provided in such sublease, which theretofore accrued to such subtenant against Tenant, or (c) be bound by any previous modification of such sublease or by any previous prepayment of more than one (1) month's ’s Rent. The provisions of this Article 12 shall be self-operative and no further instrument shall be required to give effect to this provision.
(iv) If Landlord shall recover or come into possession of the Premises before the date herein fixed for the termination of this Lease, Landlord shall have the right, at its option, to take over any and all subleases or sublettings of the Premises or any part thereof made by Tenant and to succeed to all the rights of said subleases and sublettings or such of them as it may elect to take over.
(v) Every subletting hereunder is subject to the condition and by its acceptance of and entry into a sublease, each subtenant thereunder shall be deemed conclusively to have thereby agreed from and after the termination of this Lease or re-entry by Landlord hereunder of or if Landlord shall otherwise succeed to Tenant’s estate in the Premises, that such subtenant shall waive any right to surrender possession or to terminate the sublease and, at Landlord’s election, such subtenant shall be bound to Landlord for the balance of the term of such sublease and shall attorn to and recognize Landlord, as its landlord, under all of the then executory terms of such sublease, except that Landlord shall not (i) be liable for any previous act, omission or negligence of Tenant under such sublease, (ii) be subject to any counterclaim, defense or offset not expressly provided for in such sublease, which theretofore accrued to such subtenant against Tenant, (iii) be bound by any previous modification or amendment of such sublease or by any previous prepayment of more than one (1) month’s rent and Additional Rent which shall be payable as provided in the sublease, (iv) be obligated to repair the subleased space or the Building or any part thereof, in the event of total or substantial total damage beyond such repair as can reasonably be accomplished from the net proceeds of insurance actually made available to Landlord, (v) be obligated to repair the subleased space or the Building or any part thereof, in the event of partial condemnation beyond such repair as can reasonably be accomplished from the net proceeds of any award actually made available to Landlord as consequential damages allocable to the part of the subleased space or the Building not taken, or (vi) be obligated to perform any work in the subleased space of the Building or to prepare them for occupancy beyond Landlord’s obligations under this Lease, and the subtenant shall execute and deliver to Landlord any instruments Landlord may reasonably request to evidence and confirm such attornment.
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Sublease Provisions. With respect to each and every sublease or subletting authorized by Landlord under Notwithstanding the provisions title of this document as "Lease", it the parties acknowledge that this Lease is further agreed that:
(i) No subletting shall be for a term ending later than one (1) day prior to the Expiration Date of this Lease;
(ii) No sublease shall be deliveredsublease. This Lease is subject to, and no subtenant shall take possession Tenant accepts this Lease subject to, all of the Premises or any part thereofterms, until an executed counterpart of such sublease has been delivered to Landlord;
(iii) Each sublease shall provide that it is subject covenants, provisions, conditions and subordinate to this Lease agreements contained in the Xxxxxxxxx and to the matters to which the Xxxxxxxxx is subject and subordinate. This Lease shall also be subject to, and Tenant accepts this Lease is also subject to, any future amendments or shall be subordinatesupplements to the Xxxxxxxxx hereafter made between Overlandlord and Landlord, provided that any such future amendment or supplement to the Xxxxxxxxx, except as herein expressly recognized, contemplated or agreed, does not in any material respect increase Tenant's obligations or decrease Tenant's rights from, out of or under this Lease or prohibit Landlord from meeting its obligations under hereunder. Except to the extent provided in this Subordination and that Non-Disturbance Agreement between Tenant and Overlandlord, in the event of termination, re-entry or dispossession dispossess by Landlord Overlandlord under this Lease Landlord the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of TenantLandlord, as sublessor, under such subleasethis Lease, and such subtenant Tenant shall, at LandlordOverlandlord's option, attorn to Landlord 60 Overlandlord pursuant to the then executory provisions of such subleasethis Lease, except that Landlord Overlandlord shall not (ai) be liable for any previous act or omission of Tenant Landlord under such subleasethis Lease, (bii) be subject to any counterclaim, offset or defenseoffset, not expressly provided in such subleasethis Lease, which theretofore accrued to such subtenant Tenant against TenantLandlord, or (ciii) be bound by any previous modification of such sublease this Lease made without Overlandlord's consent or by any previous prepayment of more than one (1) month's Rentrent. The In the event of any conflict between the terms of any Subordination and Non-Disturbance Agreement entered into between Tenant and Overlandlord and the provisions of this Article 12 Lease, including the foregoing sentence, the terms and provisions of the Subordination and Non-Disturbance Agreement shall be self-operative and no further instrument shall be required to give effect to this provisiongovern.
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
