PROVISIONS CONSTITUTING SUBLEASE Clause Samples
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PROVISIONS CONSTITUTING SUBLEASE. 2.1 This Sublease is subject and subordinate to all of the terms and conditions of the Master Lease. Subtenant hereby assumes and agrees to perform all of the obligations of "Lessee" under the Master Lease to the extent said obligations apply to the Subleased Premises and Subtenant's use of the Common Areas, except as specifically set forth herein. Sublandlord hereby agrees to use commercially reasonable efforts to cause Lessor to perform all of the obligations of Lessor under the Master Lease to the extent said obligations apply to the Subleased Premises and Subtenant's use of the Common Areas. Subtenant shall not commit or permit to be committed on the Subleased Premises or on any other portion of the Project any act or omission which violates any term or condition of the Master Lease. Except to the extent waived or consented to in writing by the other party or parties hereto who are affected thereby, neither of the parties hereto will, by renegotiation of the Master Lease, assignment, subletting, default or any other voluntary action, avoid or seek to avoid the observance or performance of the terms to be observed or performed hereunder by such party, but will at all times in good faith assist in carrying out all the terms of this Sublease and in taking all such action as may be necessary or appropriate to protect the rights of the other party or parties hereto who are affected thereby against impairment. Nothing contained in this Section 2.1 or elsewhere in this Sublease: (i) shall obligate Sublandlord to exercise its option to extend the Term of the Master Lease; or (ii) shall prevent or prohibit Sublandlord (a) from exercising its right to terminate the Master Lease pursuant to paragraph 23 thereof or (b) from assigning its interest in this Sublease or subletting the Premises to any other third party.
2.2 All of the terms and conditions contained in the Master Lease are incorporated herein, except as specifically provided below, and such terms and conditions, together with the terms and conditions specifically set forth in this Sublease, shall constitute the complete terms and conditions of this Sublease, except the following paragraphs of the Master Lease which shall remain solely the rights and obligations of Sublandlord: 1, 4, 5, 7, 9, 15, 16, 17, 35, Work Letter C, Exhibit D and E.
PROVISIONS CONSTITUTING SUBLEASE. This sublease is subject to all of the terms and conditions of the Master Lease in Exhibit "A" and Sublessor shall assume and perform the obligations of the Lessee in said Master Lease, to the extent said terms and conditions are applicable to the Premises subleased pursuant to this Sublease. Neither Sublessor or Sublessee shall commit or permit to be committed on the Premises any act or omission, which shall violate any terms or condition of the Master Lease. In the event of termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this Sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee other than those remedies provided by the Security Deposit/Escrow Account, which would provide the payment of the remaining balance of the Escrow Account to DPSS Lasers, Inc. As terms and conditions of this Sublease (with each reference therein to Lessor and Lessee to be deemed to refer to Sublessor and Sublessee) and along with all of the following paragraphs set out in this Sublease, shall be the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. 1.1 This Sublease is and at all times shall be subject and subordinate to the Almaden Financial Plaza Office Lease dated as of May 9, 1996 between North Block Partnership as landlord ("Landlord") and Virtual Chips, Inc. (to which Sublessor is the successor by acquisition) as tenant ("Tenant") (the "Master Lease"). A copy of the Master Lease is attached hereto as EXHIBIT A. --------- Sublessor shall comply with all of the provisions of the Master Lease and shall perform all the obligations on the part of the "Tenant" under the Master Lease other than the obligations of Tenant contained in the following paragraphs of the Master Lease: paragraphs 1, 3, 4, 5, 7, 8, 12 (with respect to the obligation to restore any condition that exists as of the Sublease commencement date or the date Sublessee occupies the Subleased Premises if Sublessee occupies the Subleased Premises before the Sublease commencement date) 15, 19.1 (with respect to events occurring prior to the Sublease commencement date), 21.1, 29.1 (to the extent attributable to Sublessor) and 37.2 and 37.3 (with respect to the obligations of Sublessor to indemnify, defend and hold harmless the Landlord for violations of paragraphs 37.2 and 37.3 caused by Sublessor). Such obligations shall continue to be obligations of Sublessor and Sublessor covenants and agrees to perform such obligations and to maintain the Master Lease in full force and effect for the term of this Sublease (except for breaches of the Master Lease caused by any breach of this Sublease by Sublessee). Sublessee and Sublessor each shall indemnify and hold the other harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of such party's failure to comply with or to perform its obligations hereunder or the obligations of the "Tenant" under the Master Lease (to the extent such obligation has been allocated to a party under this Sublease). In the event of the termination of Sublessor's interest as Tenant under the Master Lease for any reason other than a voluntary termination of the Master Lease by Sublessor without Sublessee's consent or a breach by Sublessor of its obligations under the Master Lease (except for breaches resulting from Sublessee's breach of this Sublease) or this Sublease, then this Sublease shall terminate concurrently therewith without any liability of Sublessor to Sublessee.
1.2 Except for paragraphs 1, 3, 4, 5, 7, 8, 15, 16.4, the fi...
PROVISIONS CONSTITUTING SUBLEASE. 2.1 This Sublease is subject to all of the terms and conditions of the Master Lease and Lease. Subtenant hereby assumes and agrees to perform all of the obligations of Sublandlord under the Lease and Master Lease and Subtenant’s use of the common areas, except as specifically set forth herein. Sublandlord does not assume or agree to perform the obligations of Landlord under the Lease or Master Landlord under the Master Lease. With respect to the performance by Landlord of its obligations under the Lease and Master Landlord of its obligations under the Master Lease, Sublandlord's sole obligation with respect thereto will be to request Landlord to request the same from Master Landlord, on request in writing by Subtenant, and to use reasonable efforts to cause Landlord to request the same from Master Landlord; provided, however, such efforts shall be at the cost of Subtenant and Sublandlord will have no obligation to institute legal action against Landlord or Master Landlord. Subtenant shall not commit or permit to be committed on {2779-0002/;2} the Subleased Premises or on any other portion of the property and/or building of which the Subleased Premises are a part any act or omission which violates any term or condition of the Lease or Master Lease. In addition to, and not in limitation of, Subtenant’s indemnification obligations pursuant to the Lease and Master Lease (as such obligations are incorporated into this Sublease), Subtenant shall indemnify, defend and hold Sublandlord harmless from and against all liability, damages, claims, costs and expenses, including reasonable attorneys' fees incurred in connection therewith, arising out of (i) Subtenant's default under this Sublease, (ii) the use or occupancy of the Subleased Premises by Subtenant and any of its employees, agents, contractors or invitees; and (iii) the negligence or willful misconduct of Subtenant or its employees, contractors, agents or invitees. Except to the extent waived or consented to in writing by the other party or parties hereto who are affected thereby, neither of the parties hereto will, by renegotiation of the Lease, assignment, subletting, default or any other voluntary action, avoid or seek to avoid the observance or performance of the terms to be observed or performed hereunder by such party but, will at all times, in good faith assist in carrying out all the terms of this Sublease and in taking all such action as may be necessary or appropriate to protect the rights of the o...
PROVISIONS CONSTITUTING SUBLEASE. All of the terms and conditions contained in the Master Lease are hereby incorporated into this Sublease by reference and made a part of this Sublease as though set forth in full herein, except for (A) the following provisions of the Master Lease: the Summary of Basic Lease Provisions and all references to the Summary in the Lease, the first (1st) sentence of Section 1.1.2, the phrase “as set forth in Section 2.2 of the Summary” in Section 1.2 (which shall instead be deemed to be “8,091 rentable square feet”), the second (2nd) and fifth (5th) through eighth (8th) sentences, inclusive, of Section 2.1, Section 2.2, the first (1st) sentence of Section 3, the phrase “set forth in Section 7 of the Summary” in Section 5.1, Section 5.3.1.1 (with respect to any obligation to complete and deliver an Environmental Questionnaire unless required by Master Landlord), Section 5.3.1.4.3, Section 5.3.7 (except that Sublandlord agrees to deliver or make available to Subtenant, without representation or warranty, any and all laboratory and/or Hazardous Materials reports, including Hazardous Materials closure reports, if any, Sublandlord receives from Master Landlord unless Sublandlord is precluded from delivering or making available the same to Subtenant due to any confidentiality obligation imposed on Sublandlord by Master Landlord), Section 7.5, the penultimate sentence of Section 8.1, Article 14 (except for the first (1st) sentence of Section 14.1), the first (1st) sentence of Section 18, the phrase “set forth in Section 8 of the Summary” in Section 21 (which shall instead be deemed to be “of $44,662.32”), Article 23, the phrase “the amount of parking set forth in Section of the Summary” in Article 28 (which shall instead be deemed to be “twenty-four (24) unreserved spaces”), Section 29.13, Section 29.18, Section 29.24, Section 29.32, and (B) Exhibit A, Exhibit B (and all references in the Master Lease to the Tenant Work Letter), Exhibit F, all of which provisions and exhibits are hereby expressly excluded from the incorporation by reference effected pursuant to this grammatical paragraph above.
PROVISIONS CONSTITUTING SUBLEASE. (a) This Sublease is subject to all of the terms and conditions of the Master Lease in Exhibit A and Sublessee shall assume and perform the obligations of Sublessor and Lessee in said Master Lease, to the extent said terms and conditions are applicable to the Premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Premises any act or omission that shall violate any term or condition of the Master Lease. In the event of the termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this Sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee.
(b) All of the terms and conditions contained in the Exhibit A Master Lease are incorporated herein, except for Paragraph 4 (Rent) and Paragraph 6 (Security Deposit) and any other paragraph that contradicts the terms of the Master Lease. Said terms and provisions of the Sublease document shall supersede the terms of the Master Lease as terms and conditions of this Sublease (with each referenced therein to Lessor and Lessee to be deemed to refer to Sublessor and Sublessee) and, along with all of the following Sections set out in this Sublease, shall be the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. This Sublease is subject to all the --------------------------------- terms and conditions of the Master Lease, except as set forth in this Sublease. Subtenant shall assume and perform for the benefit of Sublessor and Manor Care the non-monetary obligations of Sublessor as lessee in the Master Lease, to the extent the terms and conditions are applicable to the Demised Premises (including without limitation, insurance requirements), and pay rent as set forth in Section Four of this Sublease. All defined terms in this Sublease shall have the same meaning as set forth in the Master Lease, except as set forth therein. Neither Sublessor or Subtenant shall commit or permit to be committed on the Demised Premises any act or omission that shall violate any term or condition of the Master Lease or breach the terms of the Master Lease or cause the Master Lease to be terminated.
PROVISIONS CONSTITUTING SUBLEASE. (a) This Sublease is subject to all of the terms and conditions of the Master Lease in Exhibit A and Sublessee shall assume and perform the obligations of Sublessor and Lessee in said Master Lease, to the extent said terms and conditions are applicable to the Premises subleased pursuant to this sublease. Sublessee shall not commit or permit to be committed on the Premises any act or omission which shall violate any term or conditions of the Master Lease. In the event of the termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this Sublease shall terminate coincidentally therewith without any liability of Sublessor or Sublessee.
(b) All of the terms and conditions contained in the Exhibit A Master Lease are incorporated herein, except for Sections 1.5, 1.6, 1.7, 49, 49b, 49c, ---------------------------- 49d,50, 51, 52, 53 as terms and conditions of this Sublease (with each ------------------ reference therein to Lessor and Lessee to be deemed to refer to Sublessor and Sublessee) and, along with all of the following Sections set out in this Sublease, shall be the complete terms and conditions of this Sublease.
PROVISIONS CONSTITUTING SUBLEASE. (a) This Sublease is subject to all of the terms and conditions of the Master Lease in Exhibit "A" and Sublessee shall assume and perform the obligations of Sublessor and Lessee in said Master Lease, to the extent said terms and conditions are applicable to the Demised Premises subleased pursuant to this Sublease. Sublessee shall not commit or permit to be committed on the Demised Premises any act or omission which shall violate any term or condition of the Master Lease. In the event of the termination of Sublessor's interest as Lessee under the Master Lease for any reason, then this sublease shall terminate coincidentally therewith without any liability of Sublessor to Sublessee.
PROVISIONS CONSTITUTING SUBLEASE. A. Except as may be inconsistent with the terms of this Sublease, all of the terms, covenants and conditions of the Master Lease are incorporated herein by reference as if fully set forth herein, and such terms, covenants and conditions shall be applicable to this Sublease with the same force and effect as if Sublessor were Landlord under the Master Lease and Sublessee were Tenant thereunder. Sublessee shall observe and perform for the benefit of Landlord and Sublessor each and every term, covenant, condition and agreement of the Master Lease which Sublessor is required to observe or perform with respect to the Subleased Premises as Tenant under the Master Lease, except that the following sections of the Master Lease shall not apply to this Sublease: 1, 2, 3, 4, 5, 9, 10 and 33 of original lease; 1 and 2 of first modification and extension agreement; 3, 4, 5 and 6 of second modification and extension agreement; 1, 2, 3, 4 and 5 of third modification and extension agreement; the paragraph entitled “Termination Fee” in lease termination and surrender agreement.
B. Sublessor agrees that it will not terminate or further amend or modify the Master Lease without Sublessee’s consent, which may be granted or withheld in Sublessee’s sole discretion.