Common use of Sublease Term Clause in Contracts

Sublease Term. Sublessor shall deliver possession of the Sublet Premises to Sublessee on or before December 15, 2009 (the “Delivery Date”). Sublessee shall be permitted to begin construction of its improvements and installation of its furniture, fixtures and equipment after the Delivery Date. The term of this Sublease (the “Sublease Term”) shall commence on May 1, 2010 (“Commencement Date”), assuming Sublessor has received both the consent of the Prime Lessor to this Sublease and the Letter of Credit (hereinafter defined) and shall end on September 30, 2018 (the “Sublease Expiration Date”). Rent shall commence on May 1, 2011 (the “Rent Commencement Date”). Sublessor shall not be liable to Sublessee for any loss or damage incurred by Sublessee if Sublessor does not deliver possession of the Sublet Premises to Sublessee on the Delivery Date; provided, however, that if Sublessor does not, for any reason, deliver possession of the Sublet Premises to Sublessee by the anticipated Delivery Date, then (a) Sublessee shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease, or the obligations of Sublessee hereunder, or extend the Sublease Term, but in such case, Sublessee shall, except as otherwise provided herein be entitled to a one (1) day postponement, without payment of Fixed or Additional Rent during such period, of the Rent Commencement Date for each day of delay in delivery of the Sublet Premises until Sublessor delivers possession of the Sublet Premises to Sublessee. Notwithstanding anything in this Sublease to the contrary, in the event the Prime Lease is terminated for any reason, this Sublease Agreement shall also terminate as of the date of termination of the Prime Lease. Sublessor shall have no liability to Sublessee due to the termination of this Sublease Agreement as a result of the termination of the Prime Lease, provided Sublessor is not in default of its obligation to pay rent as provided in the Prime Lease or does not otherwise cause a default which results in the termination of the Prime Lease. Notwithstanding anything contained in the Prime Lease or this Sublease to the contrary, Sublessee shall have no right or option to extend the term of this Sublease beyond the expiration or sooner termination of the Sublease Term.

Sublease Term. Sublessor shall deliver possession of the Sublet Premises to Sublessee on or before December 15, 2009 (the “Delivery Date”). Sublessee shall be permitted to begin construction of its improvements and installation of its furniture, fixtures and equipment after the Delivery Date. The term of this Sublease (the “Sublease Term”) shall commence be for a period of thirty-six (36) months, commencing on May the later of (i) the date that the Consent from Master Landlord and Prime Sublandlord is obtained, and (ii) February 1, 2010 2025 (the “Sublease Commencement Date”), assuming Sublessor has received both and expiring on the consent last day of the Prime Lessor to this thirty-sixth (36th) full calendar month (together with any partial first month if the Sublease and Commencement Date is not the Letter first day of Credit (hereinafter defineda calendar month) and shall end on September 30, 2018 from the Sublease Commencement Date (the “Sublease Expiration Date”), unless this Sublease is sooner terminated pursuant to its terms or the Prime Sublease or Master Lease is sooner terminated pursuant to its terms. Rent shall commence on May 1, 2011 (the “Rent Commencement Date”). Sublessor shall not be liable to Sublessee for any loss or damage incurred by Sublessee if Sublessor does not deliver If Sublandlord is delayed in delivering possession of the Sublet Sublease Premises to Sublessee on the Delivery Date; providedSubtenant, however, that if Sublessor does not, for any reason, deliver possession of the Sublet Premises to Sublessee by the anticipated Delivery Date, then (a) Sublessee Sublandlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease, or the obligations of Sublessee Subtenant hereunder, or extend the Sublease Term, but in such case, Sublessee shall, except as otherwise provided herein be entitled to a one (1) day postponement, without payment of Fixed or Additional Rent during such period, of the Rent Sublease Commencement Date for each day shall be delayed until the Sublease Premises have been delivered to Subtenant, and Subtenant shall not be obligated to perform any other obligation of delay in delivery of Subtenant hereunder (that requires performance on and after the Sublet Premises Sublease Commencement Date) until Sublessor Sublandlord delivers possession of the Sublet Sublease Premises to SublesseeSubtenant. Notwithstanding anything in this Sublease to the contrary, in the event the Prime Lease is terminated for any reason, this Sublease Agreement shall also terminate as of the date of termination of the Prime Lease. Sublessor shall have no liability to Sublessee due to the termination of this Sublease Agreement as a result of the termination of the Prime Lease, provided Sublessor is not in default of its obligation to pay rent as provided in the Prime Lease or does not otherwise cause a default which results in the termination of the Prime Lease. Notwithstanding anything contained in the Prime Lease or this Sublease to the contrary, Sublessee shall have no right or option to extend the term of this Sublease beyond the expiration or sooner termination of Once the Sublease Term.Commencement Date has been established, Sublandlord and Subtenant shall execute a commencement date memorandum setting forth the Sublease Commencement Date; provided, however, that the failure to execute such a memorandum shall not affect Sublandlord’s or Subtenant’s liability hereunder. ​

Sublease Term. Sublessor shall deliver possession of the Sublet Premises to Sublessee on or before December 15, 2009 (the “Delivery Date”). Sublessee shall be permitted to begin construction of its improvements and installation of its furniture, fixtures and equipment after the Delivery Date3.1. The term of this Sublease (the “Sublease Term”) Term shall commence on May 1, 2010 (“the Sublease Commencement Date”. Promptly following Sublandlord’s request therefor (which request shall not be made prior to the Sublease Commencement Date), assuming Sublessor has received both Subtenant agrees to execute a Sublease Commencement Date Certificate for the consent Sublease Premises in the form attached as Exhibit C setting forth the actual Sublease Commencement Date and the Expiration Date. In the event Subtenant fails to execute such Sublease Commencement Date Certificate within ten (10) business days following delivery thereof to Subtenant, Subtenant shall be deemed to have approved all of the Prime Lessor matters set forth in such certificate and such certificate shall be fully binding on Subtenant. 3.2. If for any reason Sublandlord is delayed in delivery of the Sublease Premises to this Sublease and Subtenant with the Letter of Credit (hereinafter defined) and shall end on September 30Relocation Improvements Substantially Completed, 2018 (the “Sublease Expiration Date”). Rent shall commence on May 1, 2011 (the “Rent Commencement Date”). Sublessor Sublandlord shall not be liable to Sublessee for any loss or damage incurred by Sublessee if Sublessor does not deliver possession of the Sublet Premises to Sublessee on the Delivery Date; provided, however, that if Sublessor does not, for any reason, deliver possession of the Sublet Premises to Sublessee by the anticipated Delivery Date, then (a) Sublessee shall not be subject to any liability therefor, nor shall such failure affect the validity of this Sublease, Sublease or the obligations of Sublessee Subtenant hereunder, or extend the Sublease TermExpiration Date, but in such case, Sublessee shall, except as otherwise provided herein be entitled to a one (1) day postponement, without payment of Fixed or Additional Rent during such period, of case the Rent Sublease Commencement Date for each day of delay in delivery of the Sublet Premises will not occur and Subtenant shall not be obligated to pay Rent until Sublessor delivers possession of the Sublet Sublease Premises with the Relocation Improvements Substantially Completed are tendered to SublesseeSubtenant and Master Landlord has consented to this Sublease. 3.3. Notwithstanding anything in this Unless sooner terminated or extended as provided herein, the Sublease Term shall end on the Expiration Date. However, the Sublease may be terminated prior to the contrary, in Expiration Date if the event the Prime Master Lease is terminated for any reason, cause whatsoever (provided Master Landlord does not require Subtenant to attorn) or if this Sublease Agreement is terminated as otherwise provided for herein and in either such case the Sublease Term shall also terminate as of the date of termination of the Prime Leaseend upon such earlier termination. Sublessor Subtenant shall have no liability to Sublessee due to the termination of this Sublease Agreement as a result of the termination of the Prime Lease, provided Sublessor is not in default of its obligation to pay rent as provided in the Prime Lease or does not otherwise cause a default which results in the termination of the Prime Lease. Notwithstanding anything contained in the Prime Lease or this Sublease to the contrary, Sublessee shall have no right or option to extend the term of this Sublease beyond the expiration or sooner elect an early termination of the Sublease Term. Sublandlord and Subtenant acknowledge and agree that notwithstanding the fact this Sublease demises the Sublease Premises for approximately the remainder of the term of the Master Lease, this Sublease shall be deemed to be a ‘sublease’ and not an ‘assignment.’

Sublease Term. Sublessor shall deliver possession of Unless sooner terminated as provided for herein, this Sublease is for the Sublet term (the "Sublease Term") commencing upon the date that Sublandlord delivers the Subleased Premises to Sublessee on or before December Subtenant pursuant to Section 8.1 below (the "Sublease Commencement Date"), which Sublease Commencement Date is anticipated to be between February 15, 2009 (the “Delivery Date”). Sublessee shall be permitted to begin construction of its improvements 2000 and installation of its furnitureMarch 1, fixtures and equipment after the Delivery Date2000. The term of this Sublease shall expire on October 25, 2006 (the “Sublease Term”) shall commence on May 1, 2010 (“Commencement Date”), assuming Sublessor has received both the consent of the Prime Lessor to this Sublease and the Letter of Credit (hereinafter defined) and shall end on September 30, 2018 (the “"Sublease Expiration Date”"). Rent shall commence on May 1, 2011 (Following the “Rent Sublease Commencement Date”). Sublessor shall not be liable to Sublessee for any loss or damage incurred by Sublessee if Sublessor does not deliver possession of the Sublet Premises to Sublessee on the Delivery Date; provided, howeverSublandlord may, that if Sublessor does not, for any reasonat its option, deliver possession to Subtenant a Memorandum of Sublease Commencement Date in the Sublet Premises form attached hereto as Exhibit B which shall confirm the Sublease Commencement Date and Subtenant shall execute and deliver such memorandum to Sublessee by Sublandlord within five (5) business days following receipt thereof. Notwithstanding anything to the anticipated Delivery Datecontrary set forth in this Sublease or in the Master Lease, then (a) Sublessee Sublandlord shall not be subject to any liability thereforin the event Sublandlord fails to tender possession of the Subleased Premises to Subtenant hereunder, nor shall such Sublandlord be liable for any damage or injury resulting from delay incident to failure affect to tender possession of the validity of this Sublease, or the obligations of Sublessee hereunder, or extend the Sublease TermSubleased Premises to Subtenant in a timely manner, but in such case, Sublessee shall, except as otherwise provided herein case Subtenant shall not be entitled obligated to a one (1) day postponement, without payment of Fixed or Additional Rent during such period, of the Rent Commencement Date for each day of delay in delivery of the Sublet Premises pay rent until Sublessor delivers possession of the Sublet Subleased Premises is tendered to SublesseeSubtenant. Notwithstanding anything to the contrary set forth in this Sublease, if the Sublease to Commencement Date does not occur by April 1, 2000 (the contrary"Outside Date"), Subtenant, as its sole remedy, may terminate this Sublease by giving Sublandlord written notice of termination on or before April 6, 2000, and in the event the Prime Lease is terminated for any reasonsuch event, this Sublease Agreement shall also terminate as be deemed null and void and of no further force and effect and Sublandlord shall promptly refund any sums previously advanced by Subtenant under this Sublease and the date of termination of the Prime Lease. Sublessor parties hereto shall have no liability further responsibilities or obligations to Sublessee due each other with respect to the termination of this Sublease Agreement as a result of the termination of the Prime Lease, provided Sublessor is not in default of its obligation to pay rent as provided in the Prime Lease or does not otherwise cause a default which results in the termination of the Prime Lease. Notwithstanding anything contained in the Prime Lease or this Sublease to the contrary, Sublessee shall have no right or option to extend the term of this Sublease beyond the expiration or sooner termination of the Sublease TermSublease.

Sublease Term. Sublessor shall deliver possession of the Sublet Premises to Sublessee on or before December 15, 2009 (the “Delivery Date”). Sublessee shall be permitted to begin construction of its improvements and installation of its furniture, fixtures and equipment after the Delivery Date. The term of this Sublease (the “Sublease Term”"SUBLEASE TERM") shall commence on May 1, 2010 (“Commencement Date”), assuming the date Sublessor has received both the consent of the Prime Lessor to this Sublease and the Letter of Credit (hereinafter defined) (the "COMMENCEMENT DATE") and shall end on September 30August 31, 2018 2002 (the “Sublease Expiration Date”"SUBLEASE EXPIRATION DATE"). Rent shall commence If the Commencement Date has not occurred on May or before July 1, 2011 (the “Rent Commencement Date”). 1999, Sublessor shall not be liable to or Sublessee for any loss or damage incurred by Sublessee if Sublessor does not deliver possession of the Sublet Premises to Sublessee on the Delivery Datemay, in its sole discretion, terminate this Sublease without liability; provided, however, that Sublessee may not terminate this Sublease if Sublessor does notthe reason the Commencement Date has not occurred on or before July 1, for any reason1999 is due to the fact that Sublessee has failed to deliver the Letter of Credit to Sublessor. Notwithstanding the foregoing, deliver possession of the Sublet Premises if Prime Lessor fails to Sublessee by the anticipated Delivery Date, then (a) Sublessee shall not be subject grant its consent to any liability therefor, nor shall such failure affect the validity of this Sublease, or the obligations of Sublessee hereunder, or extend the this Sublease Term, but in such case, Sublessee shall, except shall automatically become null and void as otherwise provided herein be entitled to a one (1) day postponement, without payment of Fixed or Additional Rent during such period, of the Rent Commencement Date for each day date of delay in delivery of Prime Lessor's refusal to consent to this Sublease, and neither party hereto shall have any liability to the Sublet Premises until Sublessor delivers possession of the Sublet Premises to Sublesseeother thereafter. Notwithstanding anything in this Sublease to the contrary, in the event the Prime Lease is terminated for any reason, this Sublease Agreement shall also terminate as of the date of termination of the Prime Lease. Sublessor shall have no liability to Sublessee due to the termination of this Sublease Agreement as a result of the termination of the Prime Lease, provided Sublessor is not in default of its obligation to pay rent Rent (hereinafter defined) as provided in the Prime Lease or does not otherwise cause a default which results in the termination of the Prime Lease. Notwithstanding anything any contained in the Prime Lease or this Sublease to the contrary, Sublessee shall have no right or option to extend the term of this Sublease beyond the expiration or sooner termination of the Sublease Term.