Common use of Subtenant Improvements Clause in Contracts

Subtenant Improvements. All alterations or improvements made to the Sublease Premises shall be made in accordance with the terms of the Master Lease as incorporated herein, and in compliance with all laws. Prior to the Commencement Date, Subtenant shall cause the Sublease Premises to be separately demised (with utilities separately sub-metered, if possible) from the Master Premises (which, together with the other initial alterations or improvements to be made by Subtenant are referred to herein as the "Subtenant Improvements"), and subject to possible reimbursement as set forth below, shall pay all costs and expenses relating thereto. Such costs shall include, without limitation, (i) all costs of compliance with laws relating to such demising, (ii) any additional taxes relating to such demising, and (iii) all costs to reprogram or modify the existing security system so that the Sublease Premises and the remaining portion of the Master Premises have distinct access and security systems. Within thirty (30) days following Subtenant's written request to Sublandlord and subject to the provisions of Paragraph 18 of the Master Lease, Wind River shall assign its rights to receive reimbursement from Master Landlord for costs incurred prior to June 30, 2001 for making alterations and improvements within the Sublease Premises, in an amount up to $440,000. Subtenant shall indemnify, defend and hold Wind River harmless from and against all actions, claims, demands, costs liabilities, losses, reasonable attorney's fees, damages, penalties, and expenses which may be brought or made against Wind River or which Wind River may pay or incur to the extent caused by any act or omission by Subtenant or its employees, agents, contractors or invitees ("Agents") in connection with any alterations or improvements (including without limitation the installation of its CAT 5 cabling) or the negligence or willful misconduct of Subtenant or its Agents.