Sublease Rights Clause Samples

Sublease Rights. Lessee shall have full and unequivocal rights to sublease any or all of its space under this Lease to an Affiliate of Lessee without Lessor's prior approval. Subleasing rights to any third party are subject to Section 15 of this Lease. Any profits resulting from such sublease shall be equally divided between the Lessee and Lessor. For the purposes of this Lease, Affiliate shall be deemed to be any party under the common control of Lessee or Lessee's management.

Sublease Rights. Subject to the conditions stated herein, Customer shall be permitted to sublease a portion of Customer's Transponder Capacity on a full-time basis (i.e., 24 hours per day, seven days a week) for up to fifty percent (50%) of the capacity on the Transponder on which Customer's Transponder Capacity is located, provided that Customer shall provide such sublease through digital channels on a multichannel per carrier (MCPC) system; and provided, further that, (a) the services on the subleased channels on the MCPC system operated by Customer (and not by a third party) share a common uplink signal, common encryption and/or compression system, and common authorization method; and (b) Customer is in full compliance with the terms of Section 1.4, above. Customer shall be responsible to PanAmSat for any such third party use or transmission to the same extent as it would be for Customer's own use or transmissions and references in this Agreement with respect to Customer's responsibilities to PanAmSat regarding Customer's use or transmissions shall be interpreted accordingly. Customer shall require sublessees to comply with all restrictions of this Agreement regarding use of the capacity and shall make PanAmSat an express third party beneficiary entitled to enforce such restrictions. In no event shall any sublease diminish PanAmSat's rights or expand PanAmSat's obligations hereunder. No sublessee shall be deemed to be a third party beneficiary of this Agreement nor shall any sublessee have any right of action whatsoever against PanAmSat in any way related to its sublease or this Agreement, and shall so acknowledge in its agreement with Customer to which PanAmSat shall be a third party beneficiary. Without in any respect limiting PanAmSat's rights and remedies against Customer, PanAmSat shall also, jointly and severally, have all rights and remedies available to it against such a sublessee as PanAmSat has against Customer to enforce PanAmSat's rights under Article 4 hereto. Customer will pay to PanAmSat all reasonable expenses (including reasonable attorney's fees) incurred in connection with PanAmSat's enforcement against any sublessee and/or Customer arising out of any sublessee's use of a portion of Customer's Transponder Capacity under a sublease. Nothing in this Section 10.4B shall limit Customer's rights under Section 10.4A of this Agreement.

Sublease Rights. Effective as of January 1, 2008, a new Section 13.03 is inserted in Article 13 of the Lease as follows:

Sublease Rights. (a) TRMC agrees to use all reasonable commercial efforts to assist the Operating Company in obtaining any written consents necessary for TRMC and the Operating Company to enter into a Sublease of the Anacortes Marine Terminal on behalf of the General Partner and the Partnership in the form attached hereto as Annex A (the “Sublease”) and for TRMC and the Operating Company to enter into the Anacortes Marine Terminal Use and Throughput Agreement on behalf of the General Partner and the Partnership in the form attached hereto as Annex B (the “MTUTA”) and for TRMC to convey the Current Leasehold Improvements to the Operating Company on behalf of the General Partner and the Partnership during the term of the Operating Agreement pursuant to a ▇▇▇▇ of sale in the form attached hereto as Annex C (the “▇▇▇▇ of Sale”). TRMC may initiate such efforts at any time during the term of the Operating Agreement, and will immediately do so upon written request from the Operating Company. Any and all additional costs or expenses which may be required to obtain such consents, including any such additional costs or expenses which may be incurred by reason of any modification of the Master Lease, shall be the sole responsibility of the Operating Company. TRMC shall cooperate with the Operating Company in such manner as may be reasonably requested in connection therewith, including without limitation, active participation in visits to and meetings, discussions and negotiations with all persons or entities with the authority to grant or withhold consent. (b) Concurrently with the execution of this Agreement, TRMC shall execute the ▇▇▇▇ of Sale and deposit it in escrow with the law firm of McGuireWoods LLP (the “Escrow Holder”) for future delivery to the Operating Company on behalf of the General Partner and the Partnership pursuant to this Agreement. Until the Sublease becomes effective, the Operating Company shall provide operating services with respect to the Anacortes Marine Terminal pursuant to the Operating Agreement and in such instance, TRMC and the Operating Company will use their reasonable commercial efforts to take such actions to effectively grant the Operating Company the economic benefits of, and impose upon the Operating Company the economic burdens of, the Anacortes Marine Terminal, subject to and in accordance with, the Anacortes Marine Terminal Operating Agreement and this Agreement. (c) At such time as all necessary consents and approvals have been obtained pursu...