Common use of Termination of Xxxxxxxxx Clause in Contracts

Termination of Xxxxxxxxx. If for any reason the term of the Xxxxxxxxx shall terminate prior to the Expiration Date of this Sublease, this Sublease shall thereupon be terminated and Sublandlord shall not be liable to Subtenant by reason thereof; provided, however, that Sublandlord shall have the right to terminate the Xxxxxxxxx or consent to terminate the Xxxxxxxxx only so long as the Overlandlord shall permit Subtenant to remain in occupancy of the Subleased Premises pursuant to the then-executory provisions of this Sublease, except in those instances under the Xxxxxxxxx where the Xxxxxxxxx terminates by virtue of fire or other casualty or condemnation or taking in lieu thereof. If for any other reason the term of the Xxxxxxxxx shall terminate prior to the Expiration Date of this Sublease, this Sublease shall thereupon be terminated and Sublandlord shall not be liable to Subtenant by reason thereof unless (1) Subtenant is not in default in any of its obligations hereunder beyond any applicable grace or cure period therefor, and (ii) said termination shall have been effected because of the breach or default of Sublandlord under the Xxxxxxxxx. If pursuant to any provision of the Xxxxxxxxx the tenant thereunder shall have the right to terminate the Xxxxxxxxx prior to the expiration date of this Sublease, then Subtenant shall not have the right to terminate this Sublease solely by reason of such provision incorporated by reference herein. If pursuant to any provision of the Xxxxxxxxx as presently in effect the landlord thereunder shall have the right to terminate the Xxxxxxxxx prior to the Expiration Date of this Sublease, then, unless the Overlandlord shall elect to terminate the Xxxxxxxxx pursuant to such provision, Sublandlord shall not have the right to terminate this Sublease by reason of such provision incorporated by reference herein. If the Overlandlord shall elect to terminate the Xxxxxxxxx pursuant to any such provision,' Sublandlord shall promptly give notice thereof to Subtenant, and thii Sublease shall thereupon terminate on the date set forth in such notice with the same effect as if such date were the last day of the term of this Sublease, except as hereinafter provided. Subtenant agrees that in the event of a termination, re-entry or dispossess by Overlandlord under the terms of the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of Sublandlord as Sublandlord hereunder, and, in such event, Subtenant shall, at the option of Overlandlord, atom to Overlandlord pursuant to the then-executory provisions of this Sublease.

Termination of Xxxxxxxxx. If for any reason, the term of the Xxxxxxxxx shall terminate prior to the Expiration Date, this Sublease as between Tenant and Sublandlord shall be terminated. Notwithstanding the foregoing (but subject to the terms of the Xxxxxxxxx), Tenant agrees that if for any reason the term of the Xxxxxxxxx shall terminate prior to the Expiration Date or Overlandlord shall otherwise succeed to the estate of this SubleaseSublandlord in respect of the Subleased Premises, this Sublease Tenant shall thereupon be terminated and Sublandlord shall not be liable to Subtenant by reason thereof; provided, however, that Sublandlord shall have the hereby does waive any right to terminate the Xxxxxxxxx or consent to terminate the Xxxxxxxxx only so long as the Overlandlord shall permit Subtenant to remain in occupancy surrender possession of the Subleased Premises pursuant or to terminate this Sublease and, at Overlandlord's election, Tenant agrees to be bound to Overlandlord for the then-balance of the term of this Sublease and to attorn to and recognize Overlandlord as its landlord under all of the then executory provisions terms of this Sublease, except in those instances under the Xxxxxxxxx where the Xxxxxxxxx terminates by virtue of fire or other casualty or condemnation or taking in lieu thereof. If that Overlandlord shall not be (a) liable for any other reason the term previous act, omission or negligence of the Xxxxxxxxx shall terminate prior to the Expiration Date of Sublandlord under this Sublease, (b) subject to any counterclaim, defense or offset not expressly provided for in this Sublease shall thereupon be terminated theretofore accruing to Tenant against Sublandlord, (c) bound by any previous modification or by any previous prepayment of more than one month's Fixed Rent and Sublandlord shall not be liable Additional Rent unless paid as provided in this Sublease, or (d) obligated to Subtenant by reason thereof unless (1) Subtenant is not perform any repairs or other work in default in any of its the Subleased Premises or the Building beyond Overlandlord's obligations hereunder beyond any applicable grace or cure period therefor, and (ii) said termination shall have been effected because of the breach or default of Sublandlord under the Xxxxxxxxx. If pursuant to any provision of the Xxxxxxxxx the tenant thereunder shall have the right to terminate the Xxxxxxxxx prior to the expiration date of this Sublease, then Subtenant shall not have the right to terminate this Sublease solely by reason of such provision incorporated by reference herein. If pursuant to any provision of the Xxxxxxxxx as presently in effect the landlord thereunder shall have the right to terminate the Xxxxxxxxx prior to the Expiration Date of this Sublease, then, unless the Overlandlord shall elect to terminate the Xxxxxxxxx pursuant to such provision, Sublandlord shall not have the right to terminate this Sublease by reason of such provision incorporated by reference herein. If the Overlandlord shall elect to terminate the Xxxxxxxxx pursuant to any such provision,' Sublandlord shall promptly give notice thereof to Subtenant, and thii Sublease shall thereupon terminate on the date set forth in Tenant agrees to execute and deliver such notice with the same effect instruments as if Overlandlord may reasonably request to evidence and confirm such date were the last day of the term of this Sublease, except as hereinafter provided. Subtenant agrees that in the event of a termination, re-entry or dispossess by Overlandlord under the terms of the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title and interest of Sublandlord as Sublandlord hereunder, and, in such event, Subtenant shall, at the option of Overlandlord, atom to Overlandlord pursuant to the then-executory provisions of this Subleaseattornment.

Termination of Xxxxxxxxx. If for any reason the term of the Xxxxxxxxx shall terminate prior to the Expiration Date expiration date of this Sublease, this Sublease shall thereupon be terminated and Sublandlord shall not be liable to Subtenant by reason thereof; provided, however, that Sublandlord shall have the right to terminate the Xxxxxxxxx or consent to terminate the Xxxxxxxxx only so long as the Overlandlord shall permit Subtenant to remain in occupancy of the Subleased Premises pursuant to the then-executory provisions of this Sublease, except in those instances under the Xxxxxxxxx where the Xxxxxxxxx terminates by virtue of fire or other casualty or condemnation or taking in lieu thereof. If for any other reason the term of the Xxxxxxxxx shall terminate prior to the Expiration Date expiration date of this Sublease, this Sublease shall thereupon be terminated and Sublandlord shall not be liable to Subtenant by reason thereof unless (1i) Subtenant this Sublease is not in default in any of its obligations hereunder beyond any applicable grace or cure period thereforfull force and effect, and (ii) said termination shall have been effected because of the breach or default of Sublandlord under the Xxxxxxxxx. If pursuant to any provision of the Xxxxxxxxx the tenant thereunder shall have the right to terminate the Xxxxxxxxx prior to the expiration date of this Sublease, then Subtenant shall not have the right to terminate this Sublease solely by reason of such provision incorporated by reference herein. If pursuant to any provision of the Xxxxxxxxx as presently in effect the landlord thereunder shall have the right to terminate the Xxxxxxxxx prior to the Expiration Date expiration date of this Sublease, then, unless the Overlandlord shall elect to terminate the Xxxxxxxxx pursuant to such provision, Sublandlord shall not have the right to terminate this Sublease by reason of such provision incorporated by reference herein. If the Overlandlord shall elect to terminate the Xxxxxxxxx pursuant to any such provision,' , Sublandlord shall promptly give notice thereof to Subtenant, and thii this Sublease shall thereupon terminate on the date set forth in such notice with the same effect as if such date were the last day of the term of this Sublease, except as hereinafter provided. Subtenant agrees that Notwithstanding anything to the contrary contained in this Sublease, pursuant to Subsection 7.09(c) of the Xxxxxxxxx, in the event of a termination, re-entry reentry or dispossess by Overlandlord under the terms of the Xxxxxxxxx, Overlandlord may, at its option, option take over all of the right, title and interest of Sublandlord as Sublandlord hereunder, and, in such event, under this Sublease and Subtenant shall, at the option of Overlandlord’s option, atom attorn to Overlandlord Landlord pursuant to the then-then executory provisions of this Sublease, except that Overlandlord shall not be (i) liable for any previous act or omission of Sublandlord under this Sublease, (ii) subject to any credit, offset, claim, counterclaim, demand or defense which Subtenant may have against Sublandlord, (iii) bound by any previous modification of such Sublease unless consented to in writing by Overlandlord or by any previous payment of more than one. (1) month’s rent to the extent such payment was actually received by Overlandlord, (iv) bound by any covenant of Sublandlord to undertake or complete any construction of the Subleased Premises or any portion thereof, (v) required to account for any security deposit or the Subtenant other than any security deposit actually delivered to Overlandlord by Sublandlord, (vi) bound by any obligation to make any payment to Subtenant or grant any credits, except for services, repairs, maintenance and restoration provided under the Sublease to be performed after the date of such attornment, (vii) responsible for any monies owing by Overlandlord to the credit of Sublandlord or (viii) required to remove any person occupying the Subleased Premises or any part thereof.

Termination of Xxxxxxxxx. If for any reason the term of the ------------------------ Xxxxxxxxx shall terminate prior to the Expiration Date, this Sublease shall thereupon be terminated. Notwithstanding the foregoing (but subject to the terms of the Xxxxxxxxx), Subtenant covenants and agrees that if for any, reason the term of the Xxxxxxxxx shall terminate prior to the Expiration Date or Overlandlord shall otherwise succeed to the estate of this SubleaseSublessor in respect of the Subleased Premises, this Sublease Subtenant shall thereupon be terminated and Sublandlord shall not be liable to Subtenant by reason thereof; provided, however, that Sublandlord shall have the hereby does waive any right to terminate the Xxxxxxxxx or consent to terminate the Xxxxxxxxx only so long as the Overlandlord shall permit Subtenant to remain in occupancy surrender possession of the Subleased Premises pursuant or to terminate this Sublease and, at Overlandlord's election, Subtenant agrees to be bound to Overlandlord for the then-balance of the term of this Sublease and to attorn to and recognize Overlandlord as its landlord under all of the then executory provisions terms of this Sublease, except in those instances under the Xxxxxxxxx where the Xxxxxxxxx terminates by virtue of fire or other casualty or condemnation or taking in lieu thereof. If that Overlandlord shall not be (a) liable for any other reason the term previous act, omission or negligence of the Xxxxxxxxx shall terminate prior to the Expiration Date of Sublessor under this Sublease, (b) subject to any counterclaim, defense or offset not expressly provided for in this Sublease shall thereupon be terminated and Sublandlord shall not be liable theretofore accruing to Subtenant against Sublessor, (c) bound by reason thereof any previous modification or by any previous prepayment of more than one month's Fixed Rent and Additional Charges unless paid as provided in this Sublease, or (1d) Subtenant is not obligated to perform any repairs or other work in default in any of its the Subleased Premises or the Building beyond Overlandlord's obligations hereunder beyond any applicable grace or cure period therefor, and (ii) said termination shall have been effected because of the breach or default of Sublandlord under the Xxxxxxxxx. If pursuant to any provision of the Xxxxxxxxx the tenant thereunder shall have the right to terminate the Xxxxxxxxx prior to the expiration date of this Sublease, then Subtenant shall not have the right to terminate this Sublease solely by reason of such provision incorporated by reference herein. If pursuant to any provision of the Xxxxxxxxx as presently in effect the landlord thereunder shall have the right to terminate the Xxxxxxxxx prior to the Expiration Date of this Sublease, then, unless the Overlandlord shall elect to terminate the Xxxxxxxxx pursuant to such provision, Sublandlord shall not have the right to terminate this Sublease by reason of such provision incorporated by reference herein. If the Overlandlord shall elect to terminate the Xxxxxxxxx pursuant to any such provision,' Sublandlord shall promptly give notice thereof to Subtenant, and thii Sublease shall thereupon terminate on the date set forth in such notice with the same effect as if such date were the last day of the term of this Sublease, except as hereinafter provided. Subtenant agrees that in the event of a termination, re-entry or dispossess by to execute and deliver such instruments as Overlandlord under the terms of the Xxxxxxxxx, Overlandlord may, at its option, take over all of the right, title may reasonably request to evidence and interest of Sublandlord as Sublandlord hereunder, and, in confirm such event, Subtenant shall, at the option of Overlandlord, atom to Overlandlord pursuant to the then-executory provisions of this Subleaseattornment.