Common use of Primary Lease Clause in Contracts

Primary Lease. (a) The terms and conditions of the Primary Lease, to the extent set forth below (and except as may be inconsistent with other provisions of this Sublease) are incorporated by reference for all purposes and Sublessee, by Sublessee’s execution hereof, acknowledges that Sublessor has furnished Sublessee with a copy of the Primary Lease and that Sublessee has examined the Primary Lease and is familiar with the terms thereof. The incorporated provisions of the Primary Lease are Sections 3, 4B, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24 and 26 (except subsections H and S), and subject to the following sentence, with references in said sections to “Landlord” deemed to be “Sublessor”, references to “Tenant” deemed to be “Sublessee” and references to the “Leased Premises” deemed to be “Subleased Premises”. Notwithstanding the foregoing, insofar as Landlord is or may be obligated to furnish any services to the Premises, to repair or rebuild the same, to perform any other act whatsoever with respect to the Premises or to perform any obligation or satisfy any condition under the Primary Lease, Sublessee expressly acknowledges that Sublessor does not undertake the performance or observance of such obligations, but is only obligated to use reasonable efforts to obtain Landlord’s performance for Sublessee’s benefit. Except as otherwise expressly provided in this Sublease, Sublessee agrees to comply in all respects with the terms and conditions of the Primary Lease insofar as the same are applicable to the Subleased Premises. (b) This Sublease is subject and subordinate to all of the terms, covenants and conditions of the Primary Lease and to all of the rights of Landlord under the Primary Lease. In case of any conflict between the terms of this Sublease and the provisions of the Primary Lease or the Landlord’s Consent to Sublease (as defined below), the provisions of the Primary Lease or the Landlord’s Consent to Sublease, as the case may be, shall prevail. (c) In any instance in where the Tenant under the Primary Lease is entitled to notice prior to having to perform an obligation under the Primary Lease, Sublessor shall use reasonable efforts to send, or cause to be sent, a similar notice to Sublessee. (d) Sublessor represents to Sublessee that as of the date of this Sublease and as of the Commencement Date, to Sublessor’s knowledge, neither Sublessor nor the Landlord shall be in default under the Primary Lease.

Primary Lease. (a) The Except as otherwise expressly provided herein, the ------------- terms and conditions of the Primary Lease, to the extent set forth below (and except as may be inconsistent with other provisions of this Sublease) Lease are hereby incorporated herein by reference for all purposes purposes, and Sublessee, by Sublessee’s 's execution hereof, acknowledges that Sublessor has furnished Sublessee with a copy of the Primary Lease and that Sublessee has examined the Primary Lease and is familiar with the terms thereof. The incorporated provisions of the Primary Lease are Sections 3, 4B, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24 and 26 (except subsections H and S), and subject to the following sentence, with references in said sections to “Landlord” deemed to be “Sublessor”, references to “Tenant” deemed to be “Sublessee” and references to the “Leased Premises” deemed to be “Subleased Premises”. Notwithstanding the foregoing, insofar as Landlord is or may be obligated to furnish any services to the Premises, to repair or rebuild the same, to perform any other act whatsoever with respect to the Premises or to perform any obligation or satisfy any condition under the Primary Lease, Sublessee expressly acknowledges that Sublessor does not undertake the performance or observance of such obligations, but is only obligated to use reasonable efforts to obtain Landlord’s performance for Sublessee’s benefit. Except as otherwise expressly provided in this Sublease, Sublessee hereby agrees to comply in all respects with the terms and conditions of the Primary Lease insofar as the same are applicable to the Subleased Premises. (b) As between Sublessor and Sublessee, Sublessor shall be entitled to all of the rights and remedies reserved by and granted to the landlord in the Primary Lease as if Sublessor was the "landlord" under the Primary Lease and Sublessee was the "tenant" under the Primary Lease, and such rights and remedies are hereby incorporated herein by reference for all purposes. (c) This Sublease is subject and subordinate to all of the terms, covenants and conditions of the Primary Lease and to all of the rights of Landlord under the Primary Lease. In case of any conflict between Lease except the terms of this Sublease and the provisions following paragraphs of the Primary Lease or which shall be solely the Landlord’s Consent to Sublease (as defined below)obligation and right of the Sublessor: Paragraphs 4.1, the provisions 4.3, Article 5, and Article 6 of the Primary Lease or the Landlord’s Consent to SubleaseLease; First Addendum; Second Addendum paragraphs 1b, as the case may be1c, shall prevail. (c) In any instance in where the Tenant under the Primary Lease is entitled to notice prior to having to perform an obligation under the Primary Lease1d, Sublessor shall use reasonable efforts to sendand 1e; Third Addendum paragraphs 1b, or cause to be sent1c, a similar notice to Sublessee1d, and 1e; and Fourth Addendum paragraphs 5,6,7, and 11. (d) In the event the Primary Lease terminates for any reason prior to the expiration or termination of this Sublease, Sublessee shall not have any claim whatsoever against Sublessor represents to Sublessee that as arising or resulting from such termination of the date Primary Lease except as set forth in Paragraph 2 of this Sublease and as of the Commencement Date, to Sublessor’s knowledge, neither Sublessor nor the Landlord shall be in default under the Primary LeaseSublease.

Primary Lease. (a) The Except as otherwise expressly provided herein, the ------------- terms and conditions of the Primary Lease, to the extent set forth below (and except as may be inconsistent with other provisions of this Sublease) Lease are hereby incorporated herein by reference for all purposes purposes, and Sublessee, by Sublessee’s 's execution hereof, acknowledges that Sublessor has furnished Sublessee with a copy of the Primary Lease and that Sublessee has examined the Primary Lease and is familiar with the terms thereof. The incorporated provisions of the Primary Lease are Sections 3, 4B, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24 and 26 (except subsections H and S), and subject to the following sentence, with references in said sections to “Landlord” deemed to be “Sublessor”, references to “Tenant” deemed to be “Sublessee” and references to the “Leased Premises” deemed to be “Subleased Premises”. Notwithstanding the foregoing, insofar as Landlord is or may be obligated to furnish any services to the Premises, to repair or rebuild the same, to perform any other act whatsoever with respect to the Premises or to perform any obligation or satisfy any condition under the Primary Lease, Sublessee expressly acknowledges that Sublessor does not undertake the performance or observance of such obligations, but is only obligated to use reasonable efforts to obtain Landlord’s performance for Sublessee’s benefit. Except as otherwise expressly provided in this Sublease, Sublessee hereby agrees to comply in all respects with the terms and conditions of the Primary Lease insofar as the same are applicable to the Subleased Premises. (b) As between Sublessor and Sublessee, Sublessor shall be entitled to all of the rights and remedies reserved by and granted to the landlord in the Primary Lease as if Sublessor was the "landlord" under the Primary Lease and Sublessee was the "tenant" under the Primary Lease, and such rights and remedies are hereby incorporated herein by reference for all purposes. (c) This Sublease is subject and subordinate to all of the terms, covenants and conditions of the Primary Lease and to all of the rights of Landlord under the Primary Lease. In case of any conflict between Lease except the terms of this Sublease and the provisions following paragraphs of the Primary Lease which shall be solely the obligation and right of the Sublessor: Paragraphs 4.1, 4.3, Article 5, and Article 6 of the Primary Lease; First Addendum; Second Addendum paragraphs 1b, 1c, 1d, and 1e; Third Addendum paragraphs 1b, 1c, 1d, and 1e; and Fourth ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇, ▇, ▇, ▇▇▇ ▇▇. (▇) In the event the Primary Lease terminates for any reason prior to the expiration or the Landlord’s Consent to Sublease (as defined below)termination of this Sublease, the provisions Sublessee shall not have any claim whatsoever against Sublessor arising or resulting from such termination of the Primary Lease or the Landlord’s Consent to Sublease, except as the case may be, shall prevail. (c) In any instance set forth in where the Tenant under the Primary Lease is entitled to notice prior to having to perform an obligation under the Primary Lease, Sublessor shall use reasonable efforts to send, or cause to be sent, a similar notice to Sublessee. (d) Sublessor represents to Sublessee that as of the date Paragraph 2 of this Sublease and as of the Commencement Date, to Sublessor’s knowledge, neither Sublessor nor the Landlord shall be in default under the Primary LeaseSublease.

Primary Lease. (a) The terms Sublessee hereby acknowledges and conditions of agrees that the Primary Lease, leasehold interest granted pursuant to the extent set forth below (and except as may be inconsistent with other provisions of this Sublease) are incorporated by reference for all purposes and Sublessee, by Sublessee’s execution hereof, acknowledges that Sublessor has furnished Sublessee with a copy of the Primary Lease and that Sublessee has examined the Primary Lease and is familiar with the terms thereof. The incorporated provisions of the Primary Lease are Sections 3, 4B, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24 and 26 (except subsections H and S), and subject to the following sentence, with references in said sections to “Landlord” deemed to be “Sublessor”, references to “Tenant” deemed to be “Sublessee” and references to the “Leased Premises” deemed to be “Subleased Premises”. Notwithstanding the foregoing, insofar as Landlord is or may be obligated to furnish any services to the Premises, to repair or rebuild the same, to perform any other act whatsoever with respect to the Premises or to perform any obligation or satisfy any condition under the Primary Lease, Sublessee expressly acknowledges that Sublessor does not undertake the performance or observance of such obligations, but is only obligated to use reasonable efforts to obtain Landlord’s performance for Sublessee’s benefit. Except as otherwise expressly provided in this Sublease, Sublessee agrees to comply in all respects with the terms and conditions of the Primary Lease insofar as the same are applicable to the Subleased Premises. (b) This Sublease is subject and subordinate to all of the terms, covenants conditions and conditions provisions of that certain Lease dated November 17, 1998 (the "Primary Lease"), by and between Anth▇▇▇ ▇▇▇▇▇▇▇ Properties, as "Landlord," and Saturn, as "Tenant," all of which are incorporated herein and by this reference made a part hereof. b) Where, pursuant to the Primary Lease, the "Tenant" therein is obligated to give notice to and/or secure the consent or approval of the "Landlord" therein, Sublessee shall give notice to and/or secure the consent or approval of both "Landlord" and Saturn. c) Saturn shall have vis-a-vis Sublessee and this Sublease, all the rights (but not the obligations) reserved unto or granted to the "Landlord" pursuant to the Primary Lease and to Lease, all of the which are incorporated herein and by this reference made a part hereof, and Sublessee shall observe and acknowledge all such rights of Landlord as if it were "Tenant" and Saturn were "Landlord" under the Primary Lease. In case ; provided, however, that in no event shall any period of any conflict between time for performance or opportunity to cure of Sublessee extend beyond the terms of this Sublease and the provisions of the Primary Lease last day for performance or the Landlord’s Consent opportunity to Sublease (as defined below), the provisions of the Primary Lease or the Landlord’s Consent to Sublease, as the case may be, shall prevail. (c) In any instance in where the Tenant under the Primary Lease is entitled to notice prior to having to perform an obligation under the Primary Lease, Sublessor shall use reasonable efforts to send, or cause to be sent, a similar notice to Sublessee. (d) Sublessor represents to Sublessee that as of the date of this Sublease and as of the Commencement Date, to Sublessor’s knowledge, neither Sublessor nor the Landlord shall be in default cure by Saturn under the Primary Lease. d) Sublessee shall make all rental payments under this Sublease directly to Saturn and not to "Landlord" or any other party. e) Notwithstanding anything herein to the contrary, Saturn shall have no obligation to perform the obligations of the "Landlord" under the Primary Lease and in no event shall Sublessee be relieved of or released from any of its obligations or duties under this Sublease by reason of any non-performance by "Landlord" under the Primary Lease. f) The foregoing notwithstanding, Sections 1, 2, 3, 4, 6, 7.03, 29.05 and 29.14 of the Primary Lease shall not be incorporated herein nor made a part hereof, and neither Sublessee nor Saturn shall have, by virtue of this Sublease, any obligations to each other with respect thereto.