Common use of Transfer Involving Sublease Clause in Contracts

Transfer Involving Sublease. Except for any transactions utilizing the Suite License Agreement (Exhibit G), every approved sublease transaction shall be evidenced by a written sublease (the “Sublease”) between Tenant and Subtenant (the “Subtenant”). The Sublease or, where applicable, Landlord’s written consent required under Section 10.1 above, to which Tenant and Subtenant shall be parties (the “Consent”), shall comply with the following requirements: i. The Sublease shall be subject to, and shall incorporate by reference, all of the terms and conditions of this Lease, except those terms and conditions relating to Base Rent, Additional Rent, and any other amount due under this Lease. Subtenant shall acknowledge in the Sublease or Consent that it has reviewed and agreed to all of the terms and conditions of this Lease. Subtenant shall agree in the Sublease or Consent not to do, or fail to do, anything that would cause Tenant to violate any of its obligations under this Lease. ii. The Sublease or Consent shall require that: (1) Subtenant shall have no right to exercise any option to extend the Lease Term, utilize Tenant’s signage rights, or any right of first refusal (or similar right) granted to Tenant in this Lease; and (2) the Sublease shall require Tenant to agree that it shall neither exercise on behalf of, nor assign to, Subtenant any such option or right. iii. The Sublease or Consent shall contain, in full, any use restrictions or other provisions of this Lease that affect the use of the Premises, and any other provisions that Landlord otherwise requires be contained in the Sublease. iv. The Sublease or Consent shall contain a waiver of subrogation against Landlord and shall require Subtenant’s insurance policies to acknowledge such a waiver of subrogation.

Transfer Involving Sublease. Except for any transactions utilizing the Suite License Agreement (Exhibit G), every approved Every sublease transaction shall be evidenced by a written sublease (the “Sublease”) between Tenant and Subtenant the subtenant (the “Subtenant”). The Sublease or, where applicable, Landlord’s written consent required under Section 10.1 9.01 above, to which Tenant and Subtenant shall be parties (the “Consent”), shall comply with the following requirements: i. (i) The form of the Sublease, and the terms and conditions thereof, shall be subject to Landlord’s approval, which shall be granted or withheld in Landlord’s reasonable discretion. (ii) The Sublease shall be subject to, and shall incorporate by reference, all of the applicable terms and conditions of this Lease, except those terms and conditions relating to Base Rent, Additional Rent, and any other amount due under this Lease. Subtenant shall acknowledge in the Sublease or Consent that it has reviewed and agreed to all of the terms and conditions of this Lease. Subtenant shall agree in the Sublease or Consent not to do, or fail to do, anything that would cause Tenant to violate any of its obligations under this Lease. ii. (iii) The Sublease or Consent shall require that: (1) Subtenant shall have no right to exercise any option to extend the Lease Term, utilize Tenant’s signage rights, Term or any right of first refusal (or similar right) granted to Tenant in this Lease; and (2) the Sublease shall require Tenant to agree that it shall neither exercise on behalf of, nor assign to, Subtenant any such option or right. iii. (iv) The Sublease or Consent shall contain, in full, any use restrictions or other provisions of this Lease that affect the use of the PremisesProperty, and any other provisions that Landlord otherwise requires be contained in the Sublease. iv. (v) The Sublease or Consent shall contain a waiver of subrogation against Landlord and shall require Subtenant’s insurance policies to acknowledge such a waiver of subrogation. (vi) The Sublease or Consent shall prohibit a sub-subletting of the Property or the assignment of the Sublease by Subtenant, without first obtaining Landlord’s consent, which consent may be granted or withheld in Landlord’s sole and absolute discretion. (vii) The Sublease or Consent shall require Subtenant, acting through Tenant, to obtain Landlord’s prior written consent to any alterations to the Property, to the extent Tenant is required by this Lease to obtain such consent. (viii) The Sublease or Consent shall require: (1) Subtenant to send Landlord copies of any and all notices concerning the Property that Subtenant is obligated to provide to Tenant; and (2) Tenant to send Landlord copies of any and all notices concerning the Property that Tenant is obligated to provide to Subtenant. (ix) The Sublease or Consent shall provide that, at Landlord’s option, the Sublease shall not terminate in the event that this Lease terminates. The Sublease shall require Subtenant to execute an attornment agreement, if Landlord, in its sole and absolute discretion, shall elect to have the Sublease continue beyond the date of termination of this Lease. Such attornment agreement shall be in form and content acceptable to Landlord pursuant to which Subtenant confirms it is in direct privity of contract with Landlord and that all obligations owed to Tenant under the Sublease shall become obligations owed to Landlord for the balance of the term of the Sublease. Industrial Lease—Las Vegas, Nevada ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ Switch Communications Group, L.L.C. Table of Contents (x) The Sublease or Consent shall provide that unless and until such time as an attornment agreement is executed by Subtenant pursuant to the terms and conditions of the preceding subsection (ix), nothing contained in the Sublease shall create or shall be construed or deemed to create privity of contract or privity of estate between Landlord and Subtenant. (xi) The Sublease or Consent shall provide that Subtenant shall have no right (and shall waive any rights it may have) to hold Landlord responsible for any liability in connection with the Property, including, without limitation, any liability arising from the noncompliance with any federal, state, or local laws applicable to the Property. (xii) The Sublease or Consent shall provide that: (1) Nothing in the Sublease shall amend or shall be construed or deemed to amend this Lease; and (2) Tenant and Subtenant shall not amend the Sublease, without Landlord’s prior written consent. (xiii) The Sublease or Consent shall contain such other terms as Landlord may reasonably require.

Transfer Involving Sublease. Except for any transactions utilizing the Suite License Agreement (Exhibit G), every Every approved sublease transaction shall be evidenced by a written sublease (the “Sublease”"SUBLEASE") between Tenant and Subtenant the subtenant (the “Subtenant”"SUBTENANT"). The Sublease or, where applicable, Landlord’s 's written consent required under Section 10.1 9.01 above, to which Tenant and Subtenant shall be parties (the “Consent”"CONSENT"), shall comply with the following requirements: i. (i) The Sublease shall be subject to, and shall incorporate by reference, all of the terms and conditions of this Lease, except those terms and conditions relating to Base Rent, Additional Rent, and any other amount due under this Lease. Subtenant shall acknowledge in the Sublease or Consent that it has reviewed and agreed to all of the terms and conditions of this Lease. Subtenant shall agree in the Sublease or Consent not to do, or fail to do, anything that would cause Tenant to violate any of its obligations under this Lease. (ii. The Sublease or Consent shall require that: (1) Subtenant shall have no right to exercise any option to extend the Lease Term, utilize Tenant’s signage rights, or any right of first refusal (or similar right) granted to Tenant in this Lease; and (2) the Sublease shall require Tenant to agree that it shall neither exercise on behalf of, nor assign to, Subtenant any such option or right. iii. The Sublease or Consent shall contain, in full, any use restrictions or other provisions of this Lease that affect the use of the Premises, and any other provisions that Landlord otherwise requires be contained in the SubleaseProperty. iv. (iii) The Sublease or Consent shall contain a waiver of subrogation against Landlord, and any Consent shall contain a waiver of subrogation by Landlord and against Subtenant. 7155 Lindell Road ▇▇▇ Vegas, Nevada Nevada Power Company (iv) The Sublease or Consent shall prohibit a sub-subletting of the Property or the assignment of the Sublease by Subtenant, without first obtaining Landlord's consent if Landlord's consent to the Sublease was required in this Lease. (v) The Sublease or Consent shall require Subtenant’s insurance policies , acting through Tenant, to acknowledge obtain Landlord's prior written consent to any alterations to the Property, to the extent Tenant is required by this Lease to obtain such a waiver consent. (vi) The Sublease or Consent shall provide that, at Landlord's option, the Sublease shall not terminate in the event that this Lease terminates. The Sublease shall require Subtenant to execute an attornment agreement, if Landlord, in its sole and absolute discretion, shall elect to have the Sublease continue beyond the date of subrogationtermination of this Lease. Such attornment agreement shall provide that Subtenant confirms it is in direct privity of contract with Landlord and that all obligations owed to Tenant under the Sublease shall become obligations owed to Landlord for the balance of the term of the Sublease. (vii) The Sublease or Consent shall provide that unless and until such time as an attornment agreement is executed by Subtenant pursuant to the terms and conditions of the preceding subsection (vi), nothing contained in the Sublease shall create or shall be construed or deemed to create privity of contract or privity of estate between Landlord and Subtenant. (viii) The Sublease or Consent shall provide that Subtenant shall have no right (and shall waive any rights it may have) under the Sublease to hold Landlord responsible for any liability in connection with the Property, including, without limitation, any liability arising from the noncompliance with any federal, state, or local laws applicable to the Property. (ix) The Sublease or Consent shall provide that nothing in the Sublease shall amend or shall be construed or deemed to amend this Lease.

Transfer Involving Sublease. Except for any transactions utilizing Every Transfer in the Suite License Agreement (Exhibit G), every form of an approved sublease transaction shall be evidenced by a written sublease (the “Sublease”) between Tenant and Subtenant the subtenant (the “Subtenant”). The Sublease or, where applicable, Landlord’s written consent required under Section 10.1 9.01 above, to which Tenant and Subtenant shall be parties (the “Consent”), shall comply with the following requirements: i. (i) The form of the Sublease, and the terms and conditions thereof, shall be subject to Landlord’s approval, which shall be granted or withheld in Landlord’s reasonable discretion. (ii) The Sublease shall be subject to, and shall incorporate by reference, all of the terms and conditions of this Lease, except those terms and conditions relating to Base Rent, Additional Rent, and any other amount due under this Lease. Subtenant shall acknowledge in the Sublease or Consent that it has reviewed and agreed to all of the terms and conditions of this Lease. Subtenant shall agree in the Sublease or Consent not to do, or fail to do, anything that would cause Tenant to violate any of its obligations under this Lease. ii. (iii) The Sublease or Consent shall require that: (1) Subtenant shall have no right to exercise any option to extend the Lease Term, utilize Tenant’s signage rightsTerm or exercise the First Refusal Right, or any right of first refusal Purchase Option, or Expansion Option (or any similar rightrights) granted to Tenant in this Lease; and (2) the Sublease shall require Tenant to agree that it shall neither exercise on behalf of, nor assign to, Subtenant any such option options or rightrights. Nothing in this Section 9.08(iii) shall abrogate Tenant’s right to exercise any such rights and options for its own account, regardless of the existence of any such Sublease. iii. (iv) The Sublease or Consent shall contain, in full, any use restrictions or other provisions of this Lease that affect the use of the PremisesProperty, and any other provisions that Landlord otherwise requires be contained in the Sublease. iv. (v) The Sublease or Consent shall contain a waiver of subrogation against Landlord and shall require Subtenant’s insurance policies to acknowledge such a waiver of subrogation. (vi) The Sublease or Consent shall prohibit a sub-subletting of the Property or the assignment of the Sublease by Subtenant, without first obtaining Landlord’s consent, which consent may be granted or withheld in Landlord’s sole and absolute discretion. (vii) The Sublease or Consent shall require Subtenant, acting through Tenant, to obtain Landlord’s prior written consent to any alterations to the Property, to the extent Tenant is required by this Lease to obtain such consent. (viii) The Sublease or Consent shall require: (1) Subtenant to send Landlord copies of any and all notices concerning the Property that Subtenant is obligated to provide to Tenant; and (2) Tenant to send Landlord copies of any and all notices concerning the Property that Tenant is obligated to provide to Subtenant. (ix) The Sublease or Consent shall provide that, at Landlord’s option, the Sublease shall not terminate in the event that this Lease terminates. The Sublease or Consent shall require Subtenant to execute an attornment agreement, if Landlord, in its sole and absolute discretion, shall elect to have the Sublease continue beyond the date of termination of this Lease. Such attornment agreement shall be in form and content acceptable to Landlord pursuant to which Subtenant confirms it is in direct privity of contract with Landlord and that all obligations owed to Tenant under the Sublease shall become obligations owed to Landlord for the balance of the term of the Sublease. (x) The Sublease or Consent shall provide that unless and until such time as an attornment agreement is executed by Subtenant pursuant to the terms and conditions of the preceding subsection (ix), nothing Industrial Lease—Atlanta Dendreon Corporation contained in the Sublease shall create or shall be construed or deemed to create privity of contract or privity of estate between Landlord and Subtenant. (xi) The Sublease or Consent shall provide that Subtenant shall have no right (and shall waive any rights it may have) to hold Landlord responsible for any liability in connection with the Property, including, without limitation, any liability arising from the noncompliance with any federal, state, or local laws applicable to the Property. (xii) The Sublease or Consent shall provide that: (1) Nothing in the Sublease shall amend or shall be construed or deemed to amend this Lease; and (2) Tenant and Subtenant shall not amend the Sublease, without ▇▇▇▇▇▇▇▇’s prior written consent. (xiii) The Sublease or Consent shall contain such other terms as Landlord may reasonably require.