Common use of SUPERIOR LEASE Clause in Contracts

SUPERIOR LEASE. 2.1 To pay the rents reserved by the Superior Lease and at the request and cost of the Tenant and subject to the Tenant providing a suitable indemnity for costs to take all reasonable steps to enforce any obligations of the Superior Lessor to the Landlord and (strictly subject to the primary obligation on the part of the Tenant contained in paragraph 11 of Schedule 2 to this Underlease) to perform (so far as the Tenant is not liable for such performance under the terms of this Underlease and in particular the said paragraph 11) the covenants on the part of the lessee and the conditions contained in the Superior Lease 2.2 The Landlord covenants to apply for the consent of the Superior Lessor under the Superior Lease in accordance with the terms of the Superior Lease whenever the Tenant makes an application for any consent required under this Lease where the Landlord is prepared to give its consent under this Lease and where the consent of both the Landlord and the Superior Lessor under the Superior Lease is required pursuant to the terms of this Lease or the Superior Lease. 2.3 The Landlord covenants with the Tenant not to agree to any variation of the terms of the Superior Lease without first obtaining the Tenant’s consent (such consent not to be unreasonably withheld or delayed) 2.4 The Landlord covenants with the Tenant to pass on to the Superior Landlord in relation to any rent review negotiations in respect of the rent payable under the Superior Lease such representations as the Tenant may reasonably and properly request provided that in the opinion of the Landlord they do not prejudicially affect any such negotiations or the position of the Landlord in any respect under the Superior Lease

SUPERIOR LEASE. 2.1 12.1 The Tenant covenants with the Landlord: 12.1.1 Not to put the Landlord in breach of the obligations of the tenant contained in the Superior Lease in so far as they relate to the Property (but not those assumed by the Landlord under this Lease) 12.1.2 To permit the Landlord upon reasonable notice (except in emergency) to enter the Property for any purpose that is reasonably necessary to enable it to comply with the covenants on the part of the tenant and the conditions contained in the Superior Lease 12.1.3 To permit any superior landlord and all person authorised by any superior landlord to enter the Property for the purposes specified and upon the terms contained in the Superior Lease or in any lease superior to it as if the provision in those documents dealing with the lessor’s access to the Property were incorporated in this Lease 12.1.4 To pay to the Landlord all reasonable and proper costs and other expenses properly incurred by the Landlord in enforcing the covenants on the part of the superior landlord if requested to do so by the Tenant 12.1.5 Where the Tenant makes an application under this Lease for consent and the convent of the superior landlord is also required under the Superior Lease to pay: 12.1.5.1 All reasonable and proper costs and other expenses properly incurred by the Landlord in relation to that application in seeking the superior landlord’s consent whether that application is granted refused offered subject to conditions or withdrawn 12.1.5.2 The reasonable and proper costs of the Superior Landlord 12.2 The Landlord covenants with the Tenant: 12.2.1 To pay the rents reserved by the Superior Lease and at Lease 12.2.2 On the request and cost of the Tenant and subject to the Tenant providing a suitable indemnity for costs to take use all reasonable steps endeavours to enforce any obligations of the Superior Lessor to the Landlord and (strictly subject to the primary obligation covenants on the part of the Tenant landlord contained in paragraph 11 the Superior Lease 12.2.3 Insofar as the Tenant is not liable for such performance under the terms of this Lease to observe and perform the covenants obligations and other matters contained mentioned or referred to in the Title and in the Schedule 2 3 12.2.4 The Landlord covenants to this Underlease) to perform (perform, so far as the Tenant is not liable for such performance under the terms of this Underlease and in particular the said paragraph 11) lease, the covenants and conditions on the part of the lessee and the conditions tenant contained in the Superior Lease, and to indemnify the Tenant and keep him indemnified against all actions, claims, proceedings, costs, expenses and demands in any way relating to the Superior Lease 2.2 12.2.5 The Landlord covenants must use all reasonable endeavours at the Tenant’s cost to apply for obtain the consent of the Superior Lessor under the Superior Lease in accordance with the terms of the Superior Lease Landlord whenever the Tenant makes an application for any consent required under this Lease where the Landlord is prepared to give its consent under this Lease and lease where the consent of both the Landlord and the Superior Lessor under the Superior Lease is required pursuant to the terms of this Lease or the Superior Lease. 2.3 The Landlord covenants with the Tenant not to agree to any variation of the terms of the Superior Lease without first obtaining the Tenant’s consent (such consent not to be unreasonably withheld or delayed) 2.4 The Landlord covenants with the Tenant to pass on to the Superior Landlord in relation to any rent review negotiations in respect of the rent payable under the Superior Lease such representations as the Tenant may reasonably and properly request provided that in the opinion of the Landlord they do not prejudicially affect any such negotiations or the position of the Landlord in any respect under the Superior LeaseLandlord

SUPERIOR LEASE. 2.1 To 4.1 The Landlord is to: 4.1.1 pay the rents and other sums reserved by the Superior Lease and Lease; 4.1.2 so far as they do not form part of the Incorporated Terms to be complied with by the Tenant under this Lease, comply with the Superior Tenant’s Covenants; and 4.1.3 at the request and proper cost of the Tenant and subject to the Tenant providing a suitable indemnity for costs to take use all reasonable steps endeavours to enforce procure that the Superior Landlord complies with the Superior Landlord’s Covenants. 4.2 The Tenant is not to do or omit to do any obligations act or thing which would place the Landlord in breach of the Superior Lessor Tenant’s Covenants. 4.3 Without prejudice to the Landlord and (strictly subject to the primary obligation on the part of the Tenant contained in paragraph 11 of Schedule 2 to this Underlease) to perform (so far as the Tenant is not liable for such performance under the terms of this Underlease and in particular Lease, where the said paragraph 11) the covenants on the part consent or approval of the lessee and Landlord is required to any act or thing: 4.3.1 it will be a condition precedent to the conditions contained in grant of that consent or approval that, if required under the Superior Lease, the consent or approval of Superior Landlord is first obtained; and 2.2 The 4.3.2 where the Landlord covenants is under an obligation under this Lease not unreasonably to withhold or delay its consent or approval, the Landlord is, at the proper cost of the Tenant, to apply for and use all reasonable endeavours to obtain the consent or approval of the Superior Lessor Landlord where this is required under the Superior Lease. 4.4 References, however expressed, in this Lease: 4.4.1 to any matter which is required to be carried out to the satisfaction or with the approval of the Landlord are to be read as including a requirement that the matter is also to be carried out to the satisfaction or with the approval of the Superior Landlord where this is required under the Superior Lease; 4.4.2 to an obligation on the Tenant to pay any costs, fees and expenses incurred by the Landlord in relation to any matter are to be read as including an obligation also to pay all proper costs, fees and expenses incurred in respect of that matter by the Superior Landlord. 4.5 Any covenant in this Lease by the Tenant not to do any act matter or thing to the prejudice of or adversely to affect the Landlord is to be read as including an obligation not to do any such act matter or thing to the prejudice of or adversely to affect any Superior Landlord. 4.6 Nothing in accordance with this Lease imposes any obligation on the Superior Landlord to act reasonably in granting any consent or approval or expressing its opinion as to whether any act of the Tenant has been carried out to its satisfaction save where this is required under the Superior Lease. 4.7 Where this Lease continues in effect following the ending of the Superior Lease: 4.7.1 any terms of this Lease incorporated by reference to the terms of the Superior Lease whenever the Tenant makes an application for will continue in effect; 4.7.2 where any consent required sums payable under this Lease where are calculated by reference to the Landlord is prepared to give its consent sums payable under the Superior Lease, then the sums payable under this Lease and where the consent of both the Landlord and will continue to be payable as if: 4.7.2.1 the Superior Lessor Lease continues in effect; 4.7.2.2 the sums payable under the Superior Lease is required pursuant continue to be payable; and 4.7.2.3 any terms in the Superior Lease for the agreement, calculation or determination of sums payable under the Superior Lease continued to be applied; and 4.7.3 any changes to the terms of this Lease or the Superior Lease. 2.3 The Landlord covenants with the Tenant not necessary to agree to any variation of enable the terms of this Lease to continue in effect have been made between the Superior Lease without first obtaining Landlord and the Tenant’s consent (such consent not to be unreasonably withheld or delayed) 2.4 The Landlord covenants with the Tenant to pass on to the Superior Landlord in relation to any rent review negotiations in respect of the rent payable under the Superior Lease such representations as the Tenant may reasonably and properly request provided that in the opinion of the Landlord they do not prejudicially affect any such negotiations or the position of the Landlord in any respect under the Superior Lease.

SUPERIOR LEASE. 2.1 To pay With respect to the rents reserved by Facility for which there exists a Superior Lease, this Lease shall be deemed a sublease of Lessor’s entire interest as tenant/lessee under such Superior Lease. Lessee acknowledges that it shall have no interest in the Leased Property of any Facility subject to the Superior Lease, and that Lessor has no ability to grant or convey any interest therein, beyond the interest granted to Lessor as the tenant/lessee under such Superior Lease. This Lease shall be subject and subordinate in all respect to the Superior Lease. At Superior Lessor’s request, Lessee shall attorn to such Superior Lessor, or any successor-in- interest to such Superior Lessor. This clause shall be self-operative and no further instrument of subordination shall be required; provided that upon the request of Lessee, Lessor shall use commercially reasonable efforts to cause Superior Lessor to deliver to Lessee a non-disturbance agreement in form and substance reasonably acceptable to Lessee and Superior Lessor. Lessee acknowledges that the Superior Lease imposes certain obligations on the tenant or lessee thereunder to comply with or cause the operator and/or sublessee of the Facility to comply with all representations, covenants and warranties contained therein relating to such Facility and the operator and/or sublessee of such Facility, including, covenants relating to (a) the maintenance and repair of the Facility, (b) maintenance and submission of financial records and accounts of the operation of the Facility and related financial and other information regarding the operator and/or lessee of the Facility and the Facility itself, (c) the procurement of insurance policies with respect to the Facility, and (d) without limiting the foregoing, compliance with all Legal Requirements relating to the Facility and the operation thereof for its Primary Intended Use. For so long as any interest is held in the Leased Property pursuant to the Superior Lease, Lessee covenants and agrees, at its sole cost and expense and for the express benefit of Lessor, to operate the Facility in strict compliance with the terms and conditions of the Superior Lease and at the request and cost to timely perform all of the Tenant and subject obligations of Lessor relating thereto (other than with respect to the Tenant providing a suitable indemnity for costs to take all reasonable steps to enforce payment of any rent or other monetary obligations of the Superior Lessor thereunder to the Landlord and (strictly subject extent the same would be in addition to the primary obligation on Rent and other costs and expenses expressly required to be paid by Lessee hereunder), or to the part extent that any of the Tenant contained in paragraph 11 of Schedule 2 to this Underlease) to perform (so far as the Tenant is such duties and obligations may not liable for such performance under the terms of this Underlease properly be performed by Lessee, Lessee shall cooperate with and in particular the said paragraph 11) the covenants on the part of the lessee and the conditions contained assist Lessor in the Superior Lease 2.2 The Landlord covenants to apply for the consent of the Superior Lessor under the Superior Lease in accordance with the terms of the Superior Lease whenever the Tenant makes an application for any consent required under this Lease where the Landlord is prepared to give its consent under this Lease and where the consent of both the Landlord and the Superior Lessor under the Superior Lease is required pursuant to the terms of this Lease or the Superior Leaseperformance thereof. 2.3 The Landlord covenants with the Tenant not to agree to any variation of the terms of the Superior Lease without first obtaining the Tenant’s consent (such consent not to be unreasonably withheld or delayed) 2.4 The Landlord covenants with the Tenant to pass on to the Superior Landlord in relation to any rent review negotiations in respect of the rent payable under the Superior Lease such representations as the Tenant may reasonably and properly request provided that in the opinion of the Landlord they do not prejudicially affect any such negotiations or the position of the Landlord in any respect under the Superior Lease