Cancellation of Master Lease. In the event of the early cancellation or termination of the Master Lease for any reason whatsoever or of the involuntary surrender of the Master Lease by operation of law prior to the expiration date of this Sublease, Subtenant agrees to make full and complete attornment to Landlord under the Master Lease for the balance of the term of this Sublease and upon the then executory terms hereof at the option of Landlord at any time during Subtenant's occupancy of the Premises, which attornment shall be evidenced by an agreement in form and substance reasonably satisfactory to Landlord and Subtenant, provided that in no event shall Landlord (i) be liable for any previous act or omission of Sublandlord under this Sublease, (ii) be subject to any defense or offset previously accrued in favor of Subtenant against Sublandlord, or (iii) be bound by any previous modification of the Sublease made without Landlord's written consent, or by any previous prepayment by Subtenant of more than one month's rent. Subtenant agrees to execute and deliver such an agreement at any time within ten (10) business days after request of Landlord, and Subtenant waives the provisions of any law now or hereafter in effect which may give Subtenant any right or election to terminate this Sublease or to surrender possession of the Premises in the event any proceeding is brought by Landlord under the Master Lease to terminate the Master Lease.
Appears in 1 contract
Cancellation of Master Lease. In the event of the early cancellation or termination of the Master Lease for any reason whatsoever or of the involuntary surrender of the Master Lease by operation of law prior to the expiration date Expiration Date of this Sublease, this Sublease shall terminate and be of no further force or effect, provided, however, that upon the election of Landlord under the Master Lease, Subtenant agrees to make full and complete attornment to the Landlord under the Master Lease for the balance of the term of this Sublease and upon the then executory terms hereof at the option of the Landlord at any time during Subtenant's ’s occupancy of the Premises, which attornment shall be evidenced by an agreement in form and substance reasonably satisfactory to Landlord and Subtenant, provided that in no event shall Landlord (i) be liable for any previous act or omission of Sublandlord under this Sublease, (ii) be subject to any defense or offset previously accrued in favor of Subtenant against Sublandlord, or (iii) be bound by any previous modification of the Sublease made without Landlord's written consent, or by any previous prepayment by Subtenant of more than one month's rent. Subtenant agrees to execute and deliver such an agreement at any time within ten (10) business days after request of the Landlord, and if Landlord so requests, Subtenant waives the provisions of any law now or hereafter in effect which may give Subtenant any right or of election to terminate this Sublease or to surrender possession of the Premises in the event any proceeding is brought by the Landlord under the Master Lease to terminate the Master Lease.
10.1. Notwithstanding anything to the contrary herein, Subtenant acknowledges that, under the Master Lease, both Landlord and Sublandlord have certain termination and recapture rights, including, without limitation, in Sections 11, 13 and 14.
Appears in 1 contract
Sources: Sublease (Dexcom Inc)
Cancellation of Master Lease. In the event of the early cancellation or termination of the Master Lease for any reason whatsoever or of the involuntary surrender of the Master Lease by operation of law prior to the expiration date of this Sublease, Subtenant agrees to make full and complete attornment to Landlord under the Master Lease for the balance of the term of this Sublease and upon the then executory terms hereof at the option of Landlord at any time during Subtenant's ’s occupancy of the Premises, which attornment shall be evidenced by an agreement in form and substance reasonably satisfactory to Landlord and Subtenant, provided that in no event shall Landlord (i) be liable for any previous act or omission of Sublandlord under this Sublease, (ii) be subject to any defense or offset previously accrued in favor of Subtenant against Sublandlord, or (iii) be bound by any previous modification of the Sublease made without Landlord's ’s written consent, or by any previous prepayment by Subtenant of more than one month's ’s rent. Subtenant agrees to execute and deliver such an agreement at any time within ten (10) business days after request of Landlord, and Subtenant waives the provisions of any law now or hereafter in effect which may give Subtenant any right or election to terminate this Sublease or to surrender possession of the Premises in the event any proceeding is brought by Landlord under the Master Lease to terminate the Master Lease.
Appears in 1 contract