Underlying Lease. This Sublease shall be expressly subject and subordinate to the terms of the Underlying Lease, which provision shall be self-operative, but Sublessee shall within ten (10) days of Sublessor’s request execute any instrument reasonably requested by Sublessor or Underlying Landlord to evidence or confirm the same. If the Underlying Lease is terminated for any reason whatsoever, Underlying Landlord, at Underlying Landlord's option, may take over all of the right, title and interest of Sublessor under the Sublease and the Sublessee, at Underlying Landlord's option, shall attorn to Underlying Landlord and perform for Underlying Landlord’s benefit all the terms, covenants and conditions of such Sublease as if such Sublease were a direct lease between Underlying Landlord and Sublessee; provided however, Underlying Landlord shall not be (1) liable for any act or omission of the transferor under such Sublease (except for any such acts or omissions that (x) continue after the date that Landlord succeeds to the interest of the Sublessor under the Sublease, and (y) may be remedied by providing a service or performing a repair), (2) subject to any defense or offsets which the Sublessee may have against the Sublessor that accrue prior to the date that Underlying Landlord succeeds to the interest of the Sublessor, (3) bound by any previous payment that the Sublessee made to the Sublessor more than thirty (30) days in advance of the date that such payment was due, (4) bound by any obligation to make any payment to or on behalf of the Sublessee that accrues prior to the date that Underlying Landlord succeeds to the interest of the Sublessor under this Sublease, (5) bound by any obligation to perform any work or to make improvements to the Sublet Premises (other than the obligation to perform maintenance, repairs or restoration that in each case first becomes necessary from and after the date that Underlying Landlord succeeds to the interest of the Sublessor under the Sublease), (6) bound by any amendment or modification of this Sublease made without Underlying Landlord's consent (it being agreed that no such consent shall be required pursuant to this subclause (6) for any amendment or modification of the Sublease expressly contemplated herein or otherwise previously approved by Underlying Landlord (e.g., a renewal right), and (7) bound to return the Sublessee's security deposit, if any, until such deposit has come into Underlying Landlord's actual possession and the Subless...
Underlying Lease. Retirement Community Development and Lease Agreement, dated as of April 1, 1989, by and between UREF Retirement Corporation (Lessor) and Marriott Corporation (Lessee), as assigned pursuant to the Assignment of Lease, dated as of October 7, 1993, by Marriott Corporation (Assignor) to HMC Retirement Properties, Inc. (Assignee). Non-Disturbance and Recognition Agreement, dated as of October 8, 1993, by and among UREF Retirement Corporation, Host Marriott Corporation, HMC Retirement Properties, Inc., Marriott International Inc. and Marriott Senior Living Services Inc. (The Colonnades).
Underlying Lease. Tenant acknowledges that it has been advised of that certain Amended and Restated Lease Agreement between the Government of the United States, as Lessor and Landlord, as Lessee, dated June 18, 2010, as the same may be further amended, modified or supplemented from time to time, the “Underlying Lease.” Notwithstanding anything to the contrary set forth in this Lease, Tenant agrees that it will not intentionally do or cause to be done anything which would constitute a breach of obligations of Landlord as Lessee under said Underlying Lease. Landlord shall notify Tenant in writing of any future amendments thereto, which would reasonably be considered to affect Tenant’s obligations under this Section 33. Table of Contents
Underlying Lease. Within one (1) business day of the signing of this Sublease by both parties, the Sublessor, at its expense, will submit this Sublease in accordance with the underlying Lease for the approval of the Principal Landlord; this Sublease Agreement shall not become effective without the written approval of the Principal Landlord. If the Sublessor has not given the Sublessee written notice, by June 8, 2004, stating that the Principal Landlord has approved this Sublease agreement, including but not limited to the approval of Sublessee’s signage requirements as herein stated, and attaching written approval signed by the Principal Landlord, then the Sublessee may declare this Sublease Agreement null and void. The Sublessee requires that it have signage on the Building Directory, including its entity name and up to 5 additional lines of signage, and the Suite No., which is 202; that the Suite No. 202, and the Sublessee’s entity name be on the door of the Suite; that Sublessee’s sign on its current Suite 300 be moved to 202; that the Principal Landlord agrees to the above signage requirements; and that Thorium Power, as of the commencement date of this Sublease no longer be listed on the Building Directory as in Suite 202, or on the 202 Suite door. Principal Landlord also agrees to retain the existing signage or similar signage on the 2nd floor directing visitors back to 202. The Sublessor and the Principal Landlord also agree to provide the Sublessee with 24 hour/seven day a week access to the Building and the Sublease Premises and that five (5) access cards for security card readers will be provided to the Sublessee upon commencement of this Sublease. Sublease Agreement May 28, 2004 page 2 of 8
Underlying Lease. The parties agree that this Sublease shall be ---------------- subject and subordinate to all of the terms, covenants, conditions and provisions of the lease dated April 29, 1998 between Triangle Service Center, Inc., as Sublessor, and Sublessor as Subtenant, which lease has or may be modified by Agreement (such lease as amended is hereinafter referred to as the "Underlying Lease"), and which Underlying Lease covers certain premises (the "Entire Premises"), which is more particularly described in Exhibit "B" annexed hereto as to which the Subleased Premises are a part, and to all of the title and other matters to which the Underlying Lease is subject or subordinate, including, without limitation, each of the instruments and matters listed in Exhibit "C" annexed hereto. A copy of the Underlying Lease and each of the instruments listed in Exhibit "C" have been delivered to and examined by Subtenant.
Underlying Lease. As defined in Section 4.11(a).
Underlying Lease. If Ground Lessor owns a leasehold estate, and not a fee estate, in the Parcel, the terms and conditions of the lease governing Ground Lessor's leasehold estate are incorporated herein by reference. Ground Lessee shall use commercially reasonable efforts to cause the Lessee under the Lease to comply with all requirements of that underlying lease. During any period in which the Lease is no longer in effect, Ground Lessor shall have no liability or responsibility to Ground Lessee or the Holders for the failure of Ground Lessee to comply or to cause Ground Lessee's assignee, sublettee or other tenant to comply, with the terms and conditions of that underlying lease or for the results or consequences of any such failure.
Underlying Lease. Each party hereto agrees to perform and comply with the terms, provisions, covenants and conditions of the Prime Lease and not to do or suffer or promote anything to be done that would result in a default under or cause the Prime Lease to be terminated or forfeited. Except as otherwise specifically provided herein, all terms, conditions, covenants and provisions in the underlying Lease shall prevail. This Sublease Agreement is contingent upon the approval of the Landlord, as provided by the underlying Prime Lease. Sublessor represents to Sublessee that the Prime Lease is in full force and that no default exists on the part of any party to the Prime Lease.
Underlying Lease. Tenant acknowledges that it has been advised of the Lease Agreement between the Government of the United States as Lessor and Landlord as Xxxxxx dated 8 June 1982, as amended on 22 February 1985, which is sometimes herein referred to as the Underlying Lease. Xxxxxx agrees that it will not do or cause to be done anything which would constitute a breach of obligations of Landlord as Xxxxxx under said Underlying Lease.
Underlying Lease. The Parties agree that Gas Party shall be entitled to compensation with respect to a lease or leases underlying a Protected Well which is required to be plugged and abandoned pursuant to Section 3.3(a) if, and only if, the following conditions are met (the “Lease Compensation Conditions”):
1) the lease(s) underlying such Protected Well which is to be plugged and abandoned pursuant to Section 3.3(a), will, even after making any available delay rentals or shut-in payments, be lost due to such plugging and abandonment (such lease(s), the “Underlying Lease(s)”);
2) Gas Party is not able to drill another Well on the Underlying Lease which would hold such Underlying Lease while Coal Party’s operations are preventing Gas Party from conducting operations on such Underlying Lease (such period of time, the “P&A Period”); 3) Gas Party is not able to pool all or any portion of such Underlying Lease with any adjacent lands and/or an adjacent unit in order to hold the Underlying Lease by production during the P&A Period; and
