Common use of Grant of Sublease Clause in Contracts

Grant of Sublease. (a) Sublandlord hereby subleases to Subtenant and Subtenant hereby hires from Sublandlord the Premises, for a term (the “Term”) to commence on the earlier of: (i) the date that is thirty (30) days following the date upon which the Subtenant Improvements are Substantially Completed (as those terms are defined in Exhibit E) or (ii) the date upon which Subtenant actually occupies and conducts business in any portion of the Premises, (the “Commencement Date”), and to expire on February 13, 2011 (the “Expiration Date”, both dates inclusive, unless such Term is sooner terminated pursuant to the provisions hereof. (b) Upon execution of this Sublease and the Master Landlord Consent (as set forth in Section 22 herein) through the Commencement Date (the “Preliminary Occupancy Period”), Subtenant shall be allowed to occupy the 6,700 rentable square foot suite located on the northeast ▇▇▇▇▇ of the 5th floor of the Building, as more particularly shown on Exhibit D annexed hereto (the “Swing Space”), subject to’ the following conditions: (i) such occupancy shall be subject to all the terms and conditions of this Sublease, except the obligation to pay Fixed Rent or a proportionate share of Operating Expenses or Project Taxes; (ii) Subtenant shall deliver to Sublandlord the Insurance Certificate(s) required pursuant to Section 15 herein prior to occupancy; (iii) Subtenant shall not place more than 20 persons in the Swing Space during the Preliminary Occupancy Period; (v) Subtenant shall pay any Additional Rent for overtime or other extra services requested by and provided to Subtenant; and (v) in the event that Sublandlord enters into a sublease agreement with a third party to sublease the Swing Space to such third party which either commences during the Preliminary Occupancy Period or otherwise necessitates Sublandlord repossessing the particular space prior to the end of the Preliminary Occupancy Period (e.g., to construct tenant improvements for any such new subtenant), Sublandlord shall have the right, on thirty (30) days advance written notice, to relocate Subtenant to alternative premises that can accommodate at least 15 persons. (c) Subtenant hereby acknowledges, confirms, covenants and agrees that Subtenant does not have any right, option or privilege, pursuant to this Sublease or otherwise, to hire, let or sublet from Sublandlord (i) any portion of the Lease Premises other than the Premises, and only for the term hereinabove set forth in this Article 1 and upon all of the other terms and conditions set forth in this Sublease, or (ii) any other space which Sublandlord may from time to time hire from Master Landlord or any other lessor or otherwise. (d) Within ten (10) days after request by Sublandlord, Subtenant shall execute and deliver to Sublandlord a certificate confirming the Commencement Date. In no event shall Sublandlord’s failure to request any such certificate or Subtenant’s failure or refusal to execute any such certificate in any way affect this Sublease, the term hereof or any of Subtenant’s obligations hereunder including, without limitation, Subtenant’s obligation to pay the rent herein reserved and to perform all of the other covenants and agreements herein set forth.

Grant of Sublease. 2.1 In consideration of the Sub-Lessee paying the Charge to the Lessor as set out in clause 3 below and subject to the consent of SES continuing during the Term, the Lessor hereby grants to the Sub-Lessee the full and exclusive right during the Term to use the Transponder in order to broadcast the Television Service during the Transmission Period. For the avoidance of doubt, the rights herein granted to the Sub-Lessee are in respect of the use of the Transponder for the Television Service and for no other purpose whatsoever. 2.2 The Sub-Lessee's Television Service shall commence at least two minutes after the Lessor's service (ZEE TV) ends and in any event not before 0002 hours UK local time. For the first two (2) minutes of the Transmission Period the Sub-Lessee shall transmit the following: (a) Sublandlord hereby subleases to Subtenant For the first 30 seconds a screen with colour bars, a clock and Subtenant hereby hires from Sublandlord with the Premises, for a term (the “Term”) to commence on the earlier of: (i) the date that is thirty (30) days following the date upon which the Subtenant Improvements are Substantially Completed (as those terms are defined in Exhibit E) or (ii) the date upon which Subtenant actually occupies and conducts business in any portion of the Premises, (the “Commencement Date”), and to expire on February 13, 2011 (the “Expiration Date”, both dates inclusive, unless such Term is sooner terminated pursuant to the provisions hereof.words "Next Service Starts"; (b) Upon execution of this Sublease and For the Master Landlord Consent (as set forth in Section 22 herein) through next 30 seconds the Commencement Date (the “Preliminary Occupancy Period”), Subtenant shall be allowed to occupy the 6,700 rentable square foot suite located on the northeast ▇▇▇▇▇ name of the 5th floor of the Building, as more particularly shown on Exhibit D annexed hereto (the “Swing Space”), subject to’ the following conditions: (i) such occupancy shall Sub-Lessee's service will be subject to all the terms and conditions of this Sublease, except the obligation to pay Fixed Rent or a proportionate share of Operating Expenses or Project Taxes; (ii) Subtenant shall deliver to Sublandlord the Insurance Certificate(s) required pursuant to Section 15 herein prior to occupancy; (iii) Subtenant shall not place more than 20 persons included in the Swing Space during the Preliminary Occupancy Period; (v) Subtenant shall pay any Additional Rent for overtime or other extra services requested by and provided to Subtenant; and (v) in the event that Sublandlord enters into a sublease agreement with a third party to sublease the Swing Space to such third party which either commences during the Preliminary Occupancy Period or otherwise necessitates Sublandlord repossessing the particular space prior to the end of the Preliminary Occupancy Period (e.g., to construct tenant improvements for any such new subtenant), Sublandlord shall have the right, on thirty (30) days advance written notice, to relocate Subtenant to alternative premises that can accommodate at least 15 persons.colour bar screen; (c) Subtenant For the next 60 seconds a warning regarding the contents and the start of the Sub-Lessee's Television Service; and Any change to the above shall be with the prior written consent of the Lessor, such consent not to be unreasonably withheld. 2.3 The Lessor hereby acknowledgesconsents to a change in the name of The Television Service that incorporates Spice or Spice combined with The Adult Channel. Approval of any other change in name of the Television service shall not be unreasonably withheld. 2.4 For the avoidance of doubt and notwithstanding anything to the contrary contained in this Agreement, confirms, covenants and agrees the Sub-Lessee shall have no greater rights against the Lessor in respect of the use of the Transponder that Subtenant the Lessor shall have against SES by virtue of the Contract. This clause 2.4 does not have affect the terms of clause B. 2.5 In the event the Lessor obtains the use of an alternate transponder or in the case of digital - part transponder either on the ASTRA satellites or any rightother satellite, option the Lessor shall, if possible, offer to the Sub-Lessee the rights to use the alternate transponder or privilege, pursuant to this Sublease or otherwise, to hire, let or sublet from Sublandlord (i) any portion of the Lease Premises other than the Premises, and only part transponder for the term hereinabove set forth in this Article 1 and upon all of the other Transmission Period on terms and conditions set forth in this Sublease, or (ii) any other space which Sublandlord may from time to time hire from Master Landlord or any other lessor or otherwisebe agreed between the parties. (d) Within ten (10) days after request by Sublandlord, Subtenant 2.6 The Sub-Lessee hereby acknowledges for the avoidance of doubt that the Lessor shall execute not be responsible for providing any uplinking services and/or facilities to the Sub-Lessee for its Television Service. The Sub-Lessee shall be responsible and deliver to Sublandlord a certificate confirming the Commencement Date. In no event shall Sublandlord’s failure to request any such certificate or Subtenant’s failure or refusal to execute any such certificate in any way affect this Sublease, the term hereof or any of Subtenant’s obligations hereunder including, without limitation, Subtenant’s obligation to pay the rent herein reserved liable for providing its own uplinking service and to perform all of the other covenants and agreements herein set forthfacilities for its Television Service.