Common use of DEMISE OF SUBLEASED PREMISES Clause in Contracts

DEMISE OF SUBLEASED PREMISES. Sublandlord hereby demises and subleases to Subtenant, and Subtenant hereby hires and takes from Sublandlord, the Subleased Premises for the term and upon the conditions hereinafter set forth, in “AS IS, WHERE IS” condition, subject to the completion of Sublandlord’s Work (as hereinafter defined), together with the right to use, on a non-exclusive basis, the lavatories, hallways, lobbies and other common elements of the Building and/or the Premises appurtenant to the Subleased Premises. If Subtenant desires additional premises for purposes of solvent storage or waste neutralization (“Storage Space”), Subtenant shall notify Sublandlord in writing thereof and Sublandlord shall cooperate with Subtenant and use commercially reasonable efforts to lease from Landlord such Storage Space desired by Subtenant and to thereupon sublease same to Subtenant. Subtenant shall be responsible for all Fixed Rent and Additional Rent charged by Landlord applicable to any Storage Space. Notwithstanding the foregoing, the securing of such Storage Space by Sublandlord shall not be a condition to the effectiveness of this Sublease. If Subtenant does not elect to lease any Storage Space, then Sublandlord shall cooperate with Subtenant to share a portion of Sublandlord’s waste neutralization and solvent storage areas located within Sublandlord’s Premises to accommodate Subtenant’s reasonable requirements, subject to Sublandlord’s reasonable requirements for Sublandlord’s operations. Subtenant agrees to pay its proportionate share of the costs thereof.

DEMISE OF SUBLEASED PREMISES. Sublandlord hereby demises and subleases (a) Subject to Subtenant, and Subtenant hereby hires and takes from Sublandlord, the Subleased Premises for the term and upon the terms and conditions hereinafter set forthforth herein, in “AS ISSublessor hereby subleases to Sublessee, WHERE IS” condition, subject to the completion of Sublandlord’s Work (as hereinafter defined), together with the right to use, on a non-exclusive basis, the lavatories, hallways, lobbies and other common elements of the Building and/or the Premises appurtenant to Sublessee hereby subleases from Sublessor the Subleased Premises. If Subtenant desires additional premises for purposes Sublessee acknowledges and agrees that it has inspected the subleased Premises and agrees to accept same in its present condition, "AS IS" and "WITH ALL FAULTS". (b) SUBLESSEE ACKNOWLEDGES THAT SUBLESSOR HAS NOT MADE AND WILL NOT MAKE ANY WARRANTIES TO SUBLESSEE WITH RESPECT TO THE QUALITY OF CONSTRUCTION OF ANY LEASEHOLD IMPROVEMENTS OR TENANT FINISH WITHIN THE SUBLEASED PREMISES OR AS TO THE CONDITION OF THE SUBLEASED PREMISES, EITHER EXPRESS OR IMPLIED, AND THAT SUBLESSOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY THAT THE SUBLEASED PREMISES ARE OR WILL BE SUITABLE FOR SUBLESSEE'S INTENDED COMMERCIAL PURPOSES. (c) Any construction of solvent storage or waste neutralization (“Storage Space”), Subtenant shall notify Sublandlord in writing thereof and Sublandlord shall cooperate with Subtenant and use commercially reasonable efforts to lease from Landlord such Storage Space improvements within the Subleased Premises desired by Subtenant Sublessee will be conducted in strict compliance with the applicable provisions of the Prime Lease, including, without limitation, Article 3 thereof. Upon Sublessee's request received by Sublessor not later than June 1, 1997, Sublessor agrees to provide Sublessee an allowance (the "CONSTRUCTION ALLOWANCE") in an amount up to $7.00 per square foot of Net Rentable Area in the Subleased Premises ($46,872.00) to reimburse Sublessee for the costs and expenses of labor and materials incurred from the construction and installment of permanent leasehold improvements in the Subleased Premises. The Construction Allowance will be funded to thereupon sublease same to SubtenantSublessee within thirty (30) days following Sublessor's receipt of Sublessee's written request therefor, which request will include Sublessee's certification that the total costs and expenses paid by Sublessee for the construction and installation of permanent leasehold improvements in the Subleased Premises were not less than the amount of the Construction Allowance requested by Sublessee. Subtenant If the total costs of the permanent leasehold improvements in the Subleased Premises exceed the Construction Allowance, the excess shall be responsible for all Fixed Rent at Sublessee's sole cost and Additional Rent charged by Landlord applicable to any Storage Space. Notwithstanding the foregoing, the securing of such Storage Space by Sublandlord shall not be a condition to the effectiveness of this Sublease. If Subtenant does not elect to lease any Storage Space, then Sublandlord shall cooperate with Subtenant to share a portion of Sublandlord’s waste neutralization and solvent storage areas located within Sublandlord’s Premises to accommodate Subtenant’s reasonable requirements, subject to Sublandlord’s reasonable requirements for Sublandlord’s operations. Subtenant agrees to pay its proportionate share of the costs thereofexpense.