PROVISIONS CONSTITUTING SUBLEASE. 2.1 This Sublease is subject and subordinate to all of the terms and conditions of the Master Lease. Subtenant hereby assumes and agrees to perform all of the obligations of "Lessee" under the Master Lease to the extent said obligations apply to the Subleased Premises and Subtenant's use of the Common Areas, except as specifically set forth herein. Sublandlord hereby agrees to use commercially reasonable efforts to cause Lessor to perform all of the obligations of Lessor under the Master Lease to the extent said obligations apply to the Subleased Premises and Subtenant's use of the Common Areas. Subtenant shall not commit or permit to be committed on the Subleased Premises or on any other portion of the Project any act or omission which violates any term or condition of the Master Lease. Except to the extent waived or consented to in writing by the other party or parties hereto who are affected thereby, neither of the parties hereto will, by renegotiation of the Master Lease, assignment, subletting, default or any other voluntary action, avoid or seek to avoid the observance or performance of the terms to be observed or performed hereunder by such party, but will at all times in good faith assist in carrying out all the terms of this Sublease and in taking all such action as may be necessary or appropriate to protect the rights of the other party or parties hereto who are affected thereby against impairment. Nothing contained in this Section 2.1 or elsewhere in this Sublease: (i) shall obligate Sublandlord to exercise its option to extend the Term of the Master Lease; or (ii) shall prevent or prohibit Sublandlord (a) from exercising its right to terminate the Master Lease pursuant to paragraph 23 thereof or (b) from assigning its interest in this Sublease or subletting the Premises to any other third party.
2.2 All of the terms and conditions contained in the Master Lease are incorporated herein, except as specifically provided below, and such terms and conditions, together with the terms and conditions specifically set forth in this Sublease, shall constitute the complete terms and conditions of this Sublease, except the following paragraphs of the Master Lease which shall remain solely the rights and obligations of Sublandlord: 1, 4, 5, 7, 9, 15, 16, 17, 35, Work Letter C, Exhibit D and E.
PROVISIONS CONSTITUTING SUBLEASE. 1.1 This Sublease is and at all times shall be subject and subordinate to the Lease dated as of May 9, 1995, between Sobrato Development Companies #871, as landlord ("Landlord"), and Sublessor, as tenant, as amended by that certain First Amendment to Lease dated November 26, 1997 (the "Amendment") (together, the "Master Lease"). A copy of the Master Lease is attached hereto as EXHIBIT A. Sublessee shall comply with all of the provisions of the Master Lease and shall perform all the obligations on the part of the "Tenant" under the Master Lease. Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to comply with or to perform Sublessee's obligations hereunder or the obligations of the "Tenant" under the Master Lease as provided herein. In the event of the termination of Sublessor's interest as "Tenant" under the Master Lease for any reason other than a voluntary termination of the Master Lease by Sublessor without Sublessee's consent, then this Sublease shall terminate concurrently therewith without any liability of Sublessor to Sublessee.
1.2 Except for sections 1, 2, 3, 4, 5, 6, 7, 8, 10, the second paragraph of section 17, 18(A), (B) and (E), 26, the second paragraph of section 32, 34, 37, 38, 39, 40, 42 and 46 of the Master Lease, all of the terms and conditions contained in the Master Lease are incorporated herein as terms and conditions of this Sublease, and along with all of the provisions of this Sublease shall be the complete terms and conditions of this Sublease. The terms of the Amendment shall not be incorporated into this Sublease. All references in the Master Lease to the "Lease" shall be deemed to refer to this Sublease and all references in the Master Lease to "Landlord" and "Tenant" shall be deemed to refer to Sublessor and Sublessee, respectively, except that any reference to "Landlord" in section 9, the second paragraph of section 11, sections 12(C) and (D), sections 13, 14, 15, 16, the first paragraph of section 17, sections 18(C) and (D), the first paragraph of section 19, and sections 20, 23, 27, 29(A) for purposes of Landlord's consent only, 33, 36, and 45 of the Master Lease shall be deemed to refer to both Landlord and Sublessor and any reference to "Landlord" in the first and third paragraphs of section 11, sections 12(B), 25, 28, 30, 31, the first paragraph of section 32,...
PROVISIONS CONSTITUTING SUBLEASE. (a) This Sublease is subject to all of the terms and conditions of the Master Lease in Exhibit A and Sublessee shall assume and perform the obligations of Sublessor and Lessee in said Master Lease, to the extent said terms and conditions are applicable to this Premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Premises any act or omission which shall violate any term or condition of the Master Lease. In the event of the termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this Sublease shall terminate coincidently therewith without any liability of Sublessor to Sublessee.
(b) All of the terms and conditions contained in the Exhibit A Master Lease are incorporated herein, as terms and conditions of this Sublease (with each reference therein to Lessor and Lessee to be deemed to refer to Sublessor and Sublessee) and, along with all of the following Sections set out in this Sublease, shall be the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. This sublease is subject to all of the terms and conditions of the Master Lease in Exhibit "A" and Sublessor shall assume and perform the obligations of the Lessee in said Master Lease, to the extent said terms and conditions are applicable to the Premises subleased pursuant to this Sublease. Neither Sublessor or Sublessee shall commit or permit to be committed on the Premises any act or omission, which shall violate any terms or condition of the Master Lease. In the event of termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this Sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee other than those remedies provided by the Security Deposit/Escrow Account, which would provide the payment of the remaining balance of the Escrow Account to DPSS Lasers, Inc. As terms and conditions of this Sublease (with each reference therein to Lessor and Lessee to be deemed to refer to Sublessor and Sublessee) and along with all of the following paragraphs set out in this Sublease, shall be the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. All of the terms and conditions contained in the Master Lease are hereby incorporated into this Sublease by reference and made a part of this Sublease as though set forth in full herein, except for (A) the following provisions of the Master Lease: the Summary of Basic Lease Provisions and all references to the Summary in the Lease, the first (1st) sentence of Section 1.1.2, the phrase “as set forth in Section 2.2 of the Summary” in Section 1.2 (which shall instead be deemed to be “8,091 rentable square feet”), the second (2nd) and fifth (5th) through eighth (8th) sentences, inclusive, of Section 2.1, Section 2.2, the first (1st) sentence of Section 3, the phrase “set forth in Section 7 of the Summary” in Section 5.1, Section 5.3.1.1 (with respect to any obligation to complete and deliver an Environmental Questionnaire unless required by Master Landlord), Section 5.3.1.4.3, Section 5.3.7 (except that Sublandlord agrees to deliver or make available to Subtenant, without representation or warranty, any and all laboratory and/or Hazardous Materials reports, including Hazardous Materials closure reports, if any, Sublandlord receives from Master Landlord unless Sublandlord is precluded from delivering or making available the same to Subtenant due to any confidentiality obligation imposed on Sublandlord by Master Landlord), Section 7.5, the penultimate sentence of Section 8.1, Article 14 (except for the first (1st) sentence of Section 14.1), the first (1st) sentence of Section 18, the phrase “set forth in Section 8 of the Summary” in Section 21 (which shall instead be deemed to be “of $44,662.32”), Article 23, the phrase “the amount of parking set forth in Section of the Summary” in Article 28 (which shall instead be deemed to be “twenty-four (24) unreserved spaces”), Section 29.13, Section 29.18, Section 29.24, Section 29.32, and (B) Exhibit A, Exhibit B (and all references in the Master Lease to the Tenant Work Letter), Exhibit F, all of which provisions and exhibits are hereby expressly excluded from the incorporation by reference effected pursuant to this grammatical paragraph above.
PROVISIONS CONSTITUTING SUBLEASE. A. This Sublease is subject to all of the terms and conditions of the Master Lease attached as Exhibit “C”, except as specifically amended herein, and Sublessee shall assume and perform the obligations of Sublessor as lessee under the Master Lease to the extent such terms and conditions are applicable to the premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Subleased Premises any act or omission which shall violate any term or condition of the Master Lease. In the event of the termination of Sublessor’s interest as Lessee under the Master Lease for any reason, then this Sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee.
B. All of the terms and conditions contained in the Master Lease are incorporated herein, as terms and conditions of this Sublease (with each reference therein to Lessor and Lessee to be deemed to refer to Sublessor and Sublessee), and along with all of the following paragraphs set out in this Sublease shall be the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. This Sublease is subject to all the --------------------------------- terms and conditions of the Master Lease, except as set forth in this Sublease. Subtenant shall assume and perform for the benefit of Sublessor and Manor Care the non-monetary obligations of Sublessor as lessee in the Master Lease, to the extent the terms and conditions are applicable to the Demised Premises (including without limitation, insurance requirements), and pay rent as set forth in Section Four of this Sublease. All defined terms in this Sublease shall have the same meaning as set forth in the Master Lease, except as set forth therein. Neither Sublessor or Subtenant shall commit or permit to be committed on the Demised Premises any act or omission that shall violate any term or condition of the Master Lease or breach the terms of the Master Lease or cause the Master Lease to be terminated.
PROVISIONS CONSTITUTING SUBLEASE. (a) This Sublease is subject to all of the terms and conditions of the Master Lease in Exhibit "A" and Sublessee shall assume and perform the obligations of Sublessor and Lessee in said Master Lease, to the extent said terms and conditions are applicable to the Demised Premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Demised Premises any act or omission which shall violate any term or condition of the Master Lease. In the event of the termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee.
PROVISIONS CONSTITUTING SUBLEASE. A. Except as otherwise provided herein, this Sublease is subject to all of the terms and conditions of the Master Lease set forth in Exhibit A hereto, and Sublessee shall comply with the terms and conditions in said Master Lease, to the extent said terms and conditions are applicable to the Premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Premises any act or omission which shall violate any term or condition of the Master Lease.
B. Provided Sublessee is not in default hereunder, Sublessor agrees not to exercise its early termination option as set forth in paragraph 50 of the Master Lease.
C. No provision shall be construed to create any joint venture, partnership, employer/employee, or agency relationship between the parties to this Sublease agreement.
D. Except as otherwise provided herein, all of the terms and conditions contained in the Master Lease (Exhibit A hereto) are incorporated by reference as though fully set forth herein as terms and conditions of this Sublease (with each reference therein to Landlord and Tenant to be deemed to refer to Sublessor and Sublessee) and, along with all of the following Sections set out in this Sublease, shall be the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. (a) Relationship Between Sublessee and Landlord. This Sublease is subject to all of the terms and conditions of the Lease. Sublessee hereby assumes and agrees to perform the obligations of Sublessor as Tenant under the Lease to the extent such terms and conditions are applicable to the Premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Premises any act or omission which shall violate any term, covenant or condition of the Lease.
