Common use of Demising Walls Clause in Contracts

Demising Walls. In the event there are no demising walls separating the Subleased Premises from the Overleased Premises ("Demising Walls"), if such Demising Walls are required by the ▇▇▇▇▇▇▇▇▇ or any Legal Requirements, Sublandlord shall construct same and Subtenant shall pay to Sublandlord upon demand Subtenant's Proportionate Share of all cost incurred by Sublandlord in connection with the design, construction and permitting of Demising Wall. Notwithstanding the foregoing, if the cost of constructing Demising Walls which are required by the ▇▇▇▇▇▇▇▇▇ or any Legal Requirements is deemed by either party to be an excessive economic burden to such party based on the relation of such cost to the size of the Subleased Premises or the rental amounts provided for in this Sublease, such party may so notify the other party, and if such other party does not elect to pay the entire cost of the Demising Walls, this Sublease shall terminate within sixty (60) days of such notice. Nothing in the preceding sentence shall relieve Subtenant of the obligation to pay for the entire cost of Demising Walls if same are required as a condition to Sublandlord's consent to any assignment or subletting of this Sublease or the Subleased Premises by Subtenant. [▇▇▇, LET'S DISCUSS THIS PROVISION.] If such Demising Walls are not required by the ▇▇▇▇▇▇▇▇▇ or Legal Requirements, either party may elect at its sole expense to have such Demising Walls constructed in compliance with the ▇▇▇▇▇▇▇▇▇ and applicable laws provided such Demising Walls are constructed entirely within the Subleased Premises and the construction thereof, if by Subtenant, does not adversely affect the remainder of the Overleased Premises, and, if by Sublandlord, does not adversely affect the Subleased Premises. Any such construction shall be done subject to the terms of the ▇▇▇▇▇▇▇▇▇, including any consent requirements, and in accordance with applicable law. In the event that no such Demising Walls presently exist or are constructed, Subtenant agrees not to unreasonably interfere with the use of the Overleased Premises by Sublandlord or its affiliates, or any other subtenants of Sublandlord, and Sublandlord agrees not to unreasonably interfere with use of the Subleased Premises by Subtenant.

Demising Walls. Landlord shall construct the demising walls (the “Improvements”) required to separately demise the Verticalnet Premises. The estimated date upon which the Improvements shall be substantially completed and the Verticalnet Premises delivered in their entirety to Tenant is January 1, 2005. The Improvements shall be deemed substantially completed when the Improvements have been completed except for minor items or defects which can be completed or remedied after Tenant occupies the entire Verticalnet Premises without causing substantial interference with Tenant’s use of the Verticalnet Premises. Within fifteen (15) days following Landlord’s approval of the space plan indicating the location of the demising walls for the Verticalnet Premises, Landlord’s architect shall measure the space and determine the rentable area of the Premises. In the event there are no demising walls separating that the Subleased rentable area of the Verticalnet Premises so determined shall vary from that set forth in paragraph 5 of this Sixth Amendment, then (i) all amounts set forth herein based upon the Overleased rentable area of the Premises ("Demising Walls")including without limitation the monthly and annual Base Rent and Tenant’s Proportionate Share) shall be appropriately adjusted, if such Demising Walls are required by and (ii) Landlord and Tenant shall execute an amendment or other written agreement setting forth the ▇▇▇▇▇▇▇▇▇ or any Legal Requirementsrentable area of the Premises. Tenant hereby acknowledges that the Improvements shall be constructed while Tenant is in occupancy of the Premises, Sublandlord shall construct same and Subtenant shall pay to Sublandlord upon demand Subtenant's Proportionate Share of all cost incurred by Sublandlord Landlord’s actions in connection with such Improvements shall in no way constitute a constructive eviction of Tenant or entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the designconstruction of the Improvements, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such construction and permitting of Demising Wallor Landlord’s actions in connection with such construction. Notwithstanding the foregoing, if the cost of constructing Demising Walls which are required by the ▇▇▇▇▇▇▇▇▇ or any Legal Requirements is deemed by either party Landlord shall use commercially reasonable efforts to be an excessive economic burden to such party based on the relation of such cost to the size minimize unreasonable interference with Tenant’s use and occupancy of the Subleased Premises or the rental amounts provided for in this Sublease, such party may so notify the other party, and if such other party does not elect to pay the entire cost of the Demising Walls, this Sublease shall terminate within sixty (60) days of such notice. Nothing in the preceding sentence shall relieve Subtenant of the obligation to pay for the entire cost of Demising Walls if same are required as a condition to Sublandlord's consent to any assignment or subletting of this Sublease or the Subleased Premises by Subtenant. [▇▇▇, LET'S DISCUSS THIS PROVISION.] If such Demising Walls are not required by the ▇▇▇▇▇▇▇▇▇ or Legal Requirements, either party may elect at its sole expense to have such Demising Walls constructed in compliance with the ▇▇▇▇▇▇▇▇▇ and applicable laws provided such Demising Walls are constructed entirely within the Subleased Premises and the construction thereof, if by Subtenant, does not adversely affect the remainder of the Overleased Premises, and, if by Sublandlord, does not adversely affect the Subleased Premises. Any such construction shall be done subject to the terms of the ▇▇▇▇▇▇▇▇▇, including cooperate with Tenant’s efforts to protect Tenant’s property during any consent requirements, and in accordance with applicable law. In the event that no such Demising Walls presently exist or are constructed, Subtenant agrees not to unreasonably interfere with the use of the Overleased Premises by Sublandlord or its affiliates, or any other subtenants of Sublandlord, and Sublandlord agrees not to unreasonably interfere with use of the Subleased Premises by Subtenantconstruction.