Common use of Sublease Provisions Clause in Contracts

Sublease Provisions. (a) Notwithstanding the title of this document as a “Lease”, the parties acknowledge that this Lease is a sublease. This Lease is subject to, and Tenant accepts this Lease subject to, all of the terms, covenants, provisions, conditions and agreements contained in the Xxxxxxxxx and the matters to which the Xxxxxxxxx is subject and subordinate. This Lease shall also be subject to, and Tenant accepts this Lease also subject to, any future amendments or supplements 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. In the event of termination, re-entry or dispossess by Overlandlord under the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of Landlord, as sublessor, under this Lease, and Tenant shall, at Overlandlord’s option, attorn to Overlandlord pursuant to the then executory provisions of this Lease, except that Overlandlord shall not (i) be liable for any previous act or omission of Landlord under this Lease, (ii) be subject to any offset which theretofore accrued or may thereafter accrue to Tenant against Landlord, or (iii) be bound by any previous modification of this Lease made without Overlandlord’s consent or by any previous prepayment of more than one month’s rent.

Sublease Provisions. Any sublease of all or any portion of the Leased Property entered into on or after the date hereof shall provide as follows: (a) Notwithstanding the title of this document as a “Lease”, the parties acknowledge that this Lease is a sublease. This Lease it is subject to, and Tenant accepts subordinate to this Lease subject to, all of the terms, covenants, provisions, conditions Agreement and agreements contained in the Xxxxxxxxx and to the matters to which the Xxxxxxxxx this Agreement is subject and subordinate. This Lease or shall also be subject to, and Tenant accepts this Lease also subject to, any future amendments or supplements to the Xxxxxxxxx hereafter made between Overlandlord and Landlord, provided subordinate; (b) 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 terminationtermination of this Agreement or reentry or dispossession of Tenant by Landlord under this Agreement, re-entry or dispossess by Overlandlord under the Xxxxxxxxx, Overlandlord Landlord may, at its option, terminate such sublease or take over all of the right, title and interest of LandlordTenant, as sublessor, sublessor under this Leasesuch sublease, and Tenant such subtenant shall, at Overlandlord’s Landlord's option, attorn to Overlandlord Landlord pursuant to the then executory provisions of this Leasesuch sublease, except that Overlandlord 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 (i) be liable for any previous act or omission of Landlord Tenant under this Leasesuch sublease, (ii) be subject to any credit, counterclaim, offset or defense which theretofore accrued or may thereafter accrue to Tenant such subtenant against LandlordTenant, or (iii) be bound by any previous modification of this Lease made without Overlandlord’s consent such sublease not consented to in writing by Landlord or by any previous prepayment of more than one (1) month’s rent.'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 Section 16.2 shall not be deemed a waiver of the provisions set forth in the first paragraph of Section 16.1. -53- 16.3

Sublease Provisions. Any sublease of all or any portion of the Leased Property entered into on or after the date hereof shall provide as follows: (a) Notwithstanding the title of this document as a “Lease”, the parties acknowledge that this Lease is a sublease. This Lease it is subject to, and Tenant accepts subordinate to this Lease subject to, all of the terms, covenants, provisions, conditions Agreement and agreements contained in the Xxxxxxxxx and to the matters to which the Xxxxxxxxx this Agreement is subject and subordinate. This Lease or shall also be subject to, and Tenant accepts this Lease also subject to, any future amendments or supplements to the Xxxxxxxxx hereafter made between Overlandlord and Landlord, provided subordinate; (b) 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 terminationtermination of this Agreement or reentry or dispossession of Tenant by Landlord under this Agreement, re-entry or dispossess by Overlandlord under the Xxxxxxxxx, Overlandlord Landlord may, at its option, terminate such sublease or take over all of the right, title and interest of LandlordTenant, as sublessor, sublessor under this Leasesuch sublease, and Tenant such subtenant shall, at Overlandlord’s Landlord's option, attorn to Overlandlord Landlord pursuant to the then executory provisions of this Leasesuch sublease, except that Overlandlord 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 (i) be liable for any previous act or omission of Landlord Tenant under this Leasesuch sublease, (ii) be subject to any credit, counterclaim, offset or defense which theretofore accrued or may thereafter accrue to Tenant such subtenant against LandlordTenant, or (iii) be bound by any previous modification of this Lease made without Overlandlord’s consent such sublease not consented to in writing by Landlord or by any previous prepayment of more than one (1) month’s rent'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 Section 16.2 shall not be deemed a waiver of the provisions set forth in the first paragraph of Section 16.1.

Sublease Provisions. (a) Notwithstanding the title of this document as a “"Lease”", the parties acknowledge that this Lease is a sublease. This Lease is subject to, and Tenant accepts this Lease subject to, all of the terms, covenants, provisions, conditions and agreements contained in the Xxxxxxxxx and the matters to which the Xxxxxxxxx is subject and subordinate. This Lease shall also be subject to, and Tenant accepts this Lease also subject to, any future amendments or supplements to the Xxxxxxxxx hereafter made between Overlandlord and Landlord, provided that Tenant receives prior notice of the same and 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 's obligations or decrease Tenant’s 's rights from, out of or under this Lease or prohibit Landlord from meeting its obligations under hereunder. In Except to the extent provided in the Subordination and Non-Disturbance Agreement between Tenant and Overlandlord, in the event of termination, re-entry or dispossess by Overlandlord under the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of Landlord, as sublessor, under this Lease, and Tenant shall, at Overlandlord’s 's option, attorn attom to Overlandlord pursuant to the then executory provisions of this Lease, except that Overlandlord shall not (i) be liable for any previous act or omission of Landlord under this Lease, (ii) be subject to any offset offset, not expressly provided in this Lease, which theretofore accrued or may thereafter accrue to Tenant against Landlord, or (iii) be iii)be bound by any previous modification of this Lease made without Overlandlord’s 's consent or by any previous prepayment of more than one month’s 's rent. 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 Lease, including the foregoing sentence, the terms and provisions of the Subordination and Non-Disturbance Agreement shall govern.

Sublease Provisions. (a) Notwithstanding the title of this document as a “"Lease”", the parties acknowledge that this Lease is a sublease. This Lease is subject to, and Tenant accepts this Lease subject to, all of the terms, covenants, provisions, conditions and agreements contained in the Xxxxxxxxx and the matters to which the Xxxxxxxxx is subject and subordinate. This Lease shall also be subject to, and Tenant accepts this Lease also subject to, any future amendments or supplements 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 's obligations or decrease Tenant’s 's rights from, out of or under this Lease or prohibit Landlord from meeting its obligations under hereunder. In Except to the extent provided in this Subordination and Non-Disturbance Agreement between Tenant and Overlandlord, in the event of termination, re-entry or dispossess by Overlandlord under the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of Landlord, as sublessor, under this Lease, and Tenant shall, at Overlandlord’s 's option, attorn to 60 Overlandlord pursuant to the then executory provisions of this Lease, except that Overlandlord shall not (i) be liable for any previous act or omission of Landlord under this Lease, (ii) be subject to any offset offset, not expressly provided in this Lease, which theretofore accrued or may thereafter accrue to Tenant against Landlord, or (iii) be bound by any previous modification of this Lease made without Overlandlord’s 's consent or by any previous prepayment of more than one month’s 's rent. 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 Lease, including the foregoing sentence, the terms and provisions of the Subordination and Non-Disturbance Agreement shall govern.

Sublease Provisions. (a) Notwithstanding the title of this document as a “"Lease”", the parties acknowledge that this Lease is a sublease. This Lease is subject to, and Tenant accepts this Lease subject to, all of the terms, covenants, provisions, conditions and agreements contained in the Xxxxxxxxx and the matters to which the Xxxxxxxxx is subject and subordinate. This Lease shall also be subject to, and Tenant accepts this Lease also subject to, any future amendments or supplements 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 's obligations or decrease Tenant’s 's rights from, out of or under this Lease or prohibit Landlord from meeting its obligations hereunder. In Except to the extent provided in the Subordination and Non-Disturbance Agreement between Tenant and Overlandlord, in the event of termination, re-entry or dispossess by Overlandlord under the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of Landlord, as sublessor, under this Lease, and Tenant shall, at Overlandlord’s 's option, attorn to Overlandlord pursuant to the then executory provisions of this Lease, except that Overlandlord shall not (i) be liable for any previous act or omission of Landlord under this Lease (including, without limitation, Landlord) other than to cure defaults of a continuing nature as though such defaults had first occurred on the date Overlandlord became landlord under this Lease, (ii) be subject to any offset offset, not expressly provided in this Lease, which theretofore accrued or may thereafter accrue to Tenant against Landlord, or (iii) be bound by any previous modification of this Lease made without Overlandlord’s 's consent or by any previous prepayment of more than one month’s 's rent; 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 Lease, including the foregoing sentence, the terms and provisions of the Subordination and Non-Disturbance Agreement shall govern.

Sublease Provisions. (a) Notwithstanding the title of this document as a “Lease”, the parties acknowledge that this Lease is a sublease. This Lease Sublease is subject toand subordinate to the Master Lease identified in Section 1 above (a copy of which Subtenant acknowledges having received), and Tenant accepts to all renewals, extensions, hypothecations, and modifications thereof. Except to the extent otherwise specifically set forth in this Lease subject toSublease, all of the terms, covenants, provisions, covenants and conditions and agreements contained in the Xxxxxxxxx Master Lease shall be applicable to this Sublease with the same force and effect as if Sublandlord were the matters 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 Building or Property or to expand the Premises to which the Xxxxxxxxx is subject and subordinate. This Lease shall also Sublandlord may be subject to, and Tenant accepts this Lease also subject to, any future amendments or supplements 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. In the event of termination, re-entry or dispossess by Overlandlord entitled under the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of Landlord, as sublessor, under this Master Lease, and 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 term of the Master Lease for any reason. In all provisions of the 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, Subtenant shall be required to 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 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 OverlandlordMaster Lessor’s option, fully and completely attorn to Overlandlord pursuant 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 the then executory provisions of terminate this Lease, Sublease except that Overlandlord shall not (i) be liable for any previous act Subtenant reserves the right to terminate this Sublease if such right is provided in this Sublease or omission of Landlord if Master Lessor is in default under this Lease, (ii) be 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 offset which theretofore accrued or may thereafter accrue options to Tenant against Landlordextend the term hereof, or (iii) will not be bound by disturbed so long as Subtenant is not in default beyond any previous modification of this Lease made without Overlandlord’s consent or by any previous prepayment of more than one month’s rent.applicable notice and cure period hereof,