Common use of Subordination to and Incorporation of the Lease Clause in Contracts

Subordination to and Incorporation of the Lease. 5.1 This Sublease is in all respects subject and subordinate to the terms and conditions of the Prime Lease (true and complete copies of which have been furnished by Sublandlord to Subtenant), and to all matters to which the Prime Lease are subject and subordinate. Subtenant shall indemnify Sublandlord for, and shall hold it harmless from and against, any and all losses, damages, penalties, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and disbursements, which may be sustained or incurred by Sublandlord by reason of Subtenant's failure to keep, observe or perform any of the terms, provisions, covenants, conditions and obligations on Sublandlord's part to be kept, observed or performed under the Prime Lease with respect to the Demised Premises to the extent same shall have been incorporated herein, or otherwise arising out of or with respect to Subtenant's use and occupancy of the Demised Premises from and after the Commencement Date. Sublandlord shall promptly provide Subtenant with a copy of any notice it receives from Prime Landlord with respect to any alleged breach and the same opportunity permitted by the Prime Lease to cure such breach provided that the time to cure shall in no event extend beyond the date that Sublandlord must effectuate any cure. Sublandlord shall indemnify Subtenant for, and shall hold it harmless from and against, any and all losses, damages, penalties, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees and disbursements, which may be sustained or incurred by Subtenant by reason of Sublandlord's failure to keep, observe or perform any of the terms, provisions, covenants, conditions and obligations on Sublandlord's part to be kept, observed or performed under the Prime Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Premier Research Worldwide LTD), Sublease Agreement (Eresearchtechnology Inc)

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Subordination to and Incorporation of the Lease. 5.1 This 7.1Subtenant hereby acknowledges that it has read and is familiar with the provisions of the Lease and agrees that this Sublease is in all respects subject and subordinate to the terms and conditions of the Prime Lease (true and complete copies of which have been furnished by Sublandlord to Subtenant), and to all matters to which the Prime Lease are is subject and subordinate. In addition, this Sublease shall also be subject to and Subtenant accepts this Sublease also subject to any amendments, modifications or supplements to the Lease hereafter made, provided that Sublandlord shall not enter into any amendment, modification or supplement that would prevent or materially adversely affect the use by Subtenant of the Premises in accordance with the terms hereof, increase the obligations of Subtenant or decrease its rights hereunder, shorten the Term or increase the Rental required to be paid by Subtenant hereunder. Except to the extent caused by the negligence of Sublandlord, Subtenant shall protect, defend, indemnify and hold harmless Sublandlord for, and shall hold it harmless from and against, any and all losses, damages, penalties, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and disbursements, which may be sustained or incurred by Sublandlord by reason of Subtenant's failure to keep, observe or perform any of the terms, provisions, covenants, conditions and obligations on Sublandlord's part to be kept, observed or performed under the Prime Lease with respect to the Demised Premises to the extent same shall have been incorporated herein, herein or otherwise arising out of or with respect to Subtenant's use and occupancy of the Demised Premises from and after the Commencement Date. Sublandlord The provisions of this Section 7.1 shall survive the expiration or earlier termination of the Lease and/or this Sublease. This Section 7.1 shall be self-operative and no further instrument of subordination shall be required. To confirm such subordination, Subtenant shall execute promptly provide any certificate reasonably acceptable to Subtenant with a copy of any notice it receives from Prime Landlord with respect to any alleged breach and the same opportunity permitted by the Prime Lease to cure such breach provided that the time to cure shall in no event extend beyond the date that Sublandlord must effectuate any cure. Sublandlord shall indemnify Subtenant for, and shall hold it harmless from and against, any and all losses, damages, penalties, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees and disbursements, which may be sustained or incurred by Subtenant by reason of Sublandlord's failure to keep, observe or perform any of the terms, provisions, covenants, conditions and obligations on Sublandlord's part to be kept, observed or performed under the Prime Leasereasonably request.

Appears in 2 contracts

Samples: Agreement of Sublease (Dasan Zhone Solutions Inc), Agreement of Sublease (Dasan Zhone Solutions Inc)

Subordination to and Incorporation of the Lease. 5.1 This 6.1 Subtenant hereby acknowledges that it has read and is familiar with the provisions of the Lease and agrees that this Sublease is in all respects subject and subordinate to the terms and conditions of the Prime Lease (true and complete copies of which have been furnished by Sublandlord to Subtenant), and to all matters to which the Prime Lease are is subject and subordinate. In addition, this Sublease shall also be subject to and subtenant accepts, and this Sublease also subject to, any amendments, modifications or supplements to the Lease hereafter made, provided that sublandlord shall not enter into any amendment, modification or supplement that would prevent or materially adversely affect the use by Subtenant of the Premises in accordance with the terms hereof, increase the obligations of the Subtenant or decrease its rights hereunder, shorten the Term hereof (excluding any early termination rights of Sublandlord as provided in the Lease), or increase the Rental required to be paid by subtenant hereunder. Subtenant shall protect, defend, indemnify and hold harmless Sublandlord for, and shall hold it harmless from for and against, any and all losses, damages, penalties, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and disbursements, which may be sustained or incurred by Sublandlord by reason of Subtenant's failure to keep, observe or perform any of the terms, provisions, covenants, conditions and obligations on Sublandlord's part to be kept, observed or and/or performed under the Prime Lease with respect to the Demised Premises to the extent same shall have been incorporated herein, or and/or otherwise arising out of or with respect to Subtenant's use and occupancy of the Demised Premises from and after the Commencement Date. Sublandlord shall promptly provide Subtenant with a copy of any notice it receives from Prime Landlord with respect Date and which are not due solely to any alleged breach and the same opportunity permitted by the Prime Lease to cure such breach provided that the time to cure shall in no event extend beyond the date that Sublandlord must effectuate any cure. Sublandlord shall indemnify Subtenant for, and shall hold it harmless from and against, any and all losses, damages, penalties, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees and disbursements, which may be sustained gross negligence or incurred by Subtenant by reason intentional misconduct of Sublandlord's failure to keep, observe . The provisions of this Subparagraph 6.1 shall survive the expiration or perform any earlier termination of the terms, provisions, covenants, conditions and obligations on Sublandlord's part to be kept, observed or performed under the Prime LeaseLease and/or this Sublease.

Appears in 1 contract

Samples: Agreement of Sublease (BKF Capital Group Inc)

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Subordination to and Incorporation of the Lease. 5.1 This 6.1 Subtenant hereby acknowledges that it has read and is familiar with the provisions of the Lease (as redacted in the copy attached hereto as Exhibit A) and agrees that this Sublease is in all respects subject and subordinate to the terms and conditions of the Prime Lease (true and complete copies of which have been furnished by Sublandlord to Subtenant), and to all matters to which the Prime Lease are is subject and subordinate. This Section 6.1 shall be self-operative and no further instrument of subordination shall be required. To confirm such subordination, Subtenant shall indemnify execute promptly any certificate that Sublandlord formay reasonably request. In addition, this Sublease shall also be subject to and Subtenant accepts this Sublease also subject to any amendments, modifications or supplements to the Lease hereafter made, provided that Sublandlord shall hold it harmless from not enter into any amendment, modification or supplement that would prevent or adversely affect the use and against, any and all losses, damages, penalties, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and disbursements, which may be sustained or incurred occupancy by Sublandlord by reason of Subtenant's failure to keep, observe or perform any Subtenant of the termsPremises in accordance with the terms hereof, provisionsor result in the early termination of this Sublease, covenantsor increase the obligations of Subtenant or decrease Subtenant’s rights hereunder. Notwithstanding the foregoing, conditions and obligations on Sublandlord's part to be keptSublandlord may enter into an amendment, observed modification, or performed under the Prime Lease with respect supplement to the Demised Premises to the extent same shall have been incorporated herein, or otherwise arising out of or with respect to Lease that does not materially adversely affect Subtenant's ’s use and occupancy of the Demised Premises from and after or rights under this Lease, or increase the Commencement Date. Sublandlord shall promptly provide obligations of Subtenant with to a copy of any notice it receives from Prime Landlord with respect to any alleged breach and de minimis degree, if the same opportunity permitted shall have been consented to by the Prime Lease to cure such breach provided that the time to cure shall in no event extend beyond the date that Sublandlord must effectuate any cure. Sublandlord shall indemnify Subtenant for, and shall hold it harmless from and against, any and all losses, damages, penalties, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees and disbursementsSubtenant, which may consent shall not be sustained unreasonably withheld, delayed or incurred by Subtenant by reason of Sublandlord's failure to keep, observe or perform any of the terms, provisions, covenants, conditions and obligations on Sublandlord's part to be kept, observed or performed under the Prime Leaseconditioned.

Appears in 1 contract

Samples: Agreement of Sublease (Value Line Inc)

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