Variations from Master Lease Clause Samples

Variations from Master Lease. As between Sublandlord and Subtenant, the terms and conditions of the Master Lease are modified as stated below in this Section 8:

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 8.1. Notwithstanding anything to the contrary set forth in the Master Lease, the term of this Sublease, the Rent payable by Subtenant to Sublandlord under this Sublease, and the amount of the Security Deposit required of Subtenant shall be as set forth in this Sublease. 8.2. Sublandlord and Subtenant hereby mutually: (i) represent and warrant to each other that they have only dealt with the brokers designated herein: ▇▇▇▇ ▇▇▇▇▇▇ of CBRE (“Sublandlord Broker”) and ▇▇▇▇▇ ▇’▇▇▇▇▇▇▇ of ▇▇▇▇▇▇ ▇▇▇▇▇, Inc. (“Subtenant Broker”). The Sublandlord shall pay to the Sublandlord Broker and the Subtenant shall pay to the Subtenant Broker any commission due and owing to such brokers pursuant to a separate brokerage agreement between such party and its broker; and (ii) agree to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder’s fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 8.3. Subtenant is a self-insured, sovereign entity of the State of Florida, and its self-insurance limitations are provided by law. Subtenant is provided with comprehensive general liability insurance through the State Risk Management Trust Fund with limits of coverage up to a maximum of $200,000 per person and $300,000 in the aggregate per occurrence, pursuant to the terms and limitations of Sections 768.28, Florida Statutes and Chapter 284, Part II, Florida Statutes, or as amended from time to time. Worker’s Compensation insurance is maintained in full compliance with Florida law. Subtenant shall provide both Sublandlord and Landlord or their respective designees, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self-Insurance or Certificate of Insurance evidencing TENANT’s self-insured Risk Management Program in accordance with Section 768.28, Florida Statutes, and/or any maintained excess property insurance applicable to this Lease Agreement, Notwithstanding any other provision set forth in this lease agreement, nothing contained herein shale be construed as a waiver of the Subtenant’s right to sovereign immunity under section 768.28, or other limitations imposed on the Subtenant’s potential liability under state or federal law. Notwithstanding anything contained in the Master Lease to the contrary, as...

Variations from Master Lease. As between Sublandlord and Subtenant, the following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein, as applicable: (a) All references in the Master Lease to “Basic Monthly Rent,” the “Premises,” “Lease Term” and the “Expiration Date” shall, for purposes of the incorporation of the terms of the Master Lease herein, mean the base rent payable hereunder, the Sublease Premises, the Sublease term and the expiration date of the Sublease term, respectively, and all references in the Master Lease to “Building 4” are deleted. (b) All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord pursuant to instructions to be provided by Sublandlord to Subtenant. (c) The following provisions of the Master Lease shall not apply to this Sublease: Sections 2.3, 2.4 (except the second sentence will apply), 2.5, 2.6, 2.7, 2.8, 2.11, 2.12, 2.15, 2.16, 3, 4, the last sentence of 5.4, 6, 7, 8 (except to the extent provided for in Section 5.2 above), 10.2 (except the first three sentences will apply), 11.3, 12.2.3.1, 12.2.3. 2 (other than the third sentence) 12.2.3.4 and 12.2.3.5, 12.2.4, 14, 23.2, 28 (except to the extent provided for in Section 24 below), the first and second sentences of 32.4, 33, the last two sentences of Section 38.1 (reference to “Landlord’s Executive Vice President (▇▇▇▇▇▇▇ ▇. ▇▇▇▇)” in the first sentence of Section 38.1 is amended to read “Sublandlord’s Director of Administration (▇▇▇▇ ▇. St. ▇▇▇▇)”), 41.2 (however, Sublandlord agrees to reasonably cooperate with Subtenant in connection with Subtenant’s efforts in obtaining a non-disturbance agreement), 44, 50, 51.15, and 51.23 of the Original Lease; Schedule A and Exhibits B, C (except that the relevant provisions of Exhibit C will apply with respect to Alterations and any other work performed by or on behalf of Subtenant) and D of the Original Lease; the Addendum to the Original Lease; the First Amendment (except the first section will apply as it relates to the Sublease Premises); and the Second Amendment. (d) Subtenant’s parking rights under Section 11.1 of the Original Lease shall not include the exclusive use of the parking area under Building 4. A pro-rata portion of Subtenant’s parking rights a described in Sections 11.1 and 11.2 of the Master Lease (as incorporated herein) will be covered parking and the balance will be exterior parking based on the ratio of reserved and unreserved parking serving e...

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein:

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 1 and 2 [Term; Base Rent; Security Deposit] of the Master Lease, the term of this Sublease and base rent payable under this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. 7.2 The parties hereto represent and warrant to each other that neither party dealt with any broker or finder in connection with the consummation of this Sublease other than Oliv▇▇ ▇▇▇l Estate and Grub▇ & ▇lli▇ ▇▇▇pany and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Subtenant. 7.4 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the following designated addresses:

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease, as specified below, are hereby modified or not incorporated herein. 15.1 Notwithstanding anything to the contrary stated or implied in this Sublease, the following provisions of the Master Lease are not incorporated into this Sublease and will not bind or define the relationship of Sublessor and Sublessee hereunder: The terms and provisions of Section 1.01, the first paragraph (i.e., the permitted use paragraph) in Section 1.03 (to the extent such permitted use conflicts with the permitted use set forth in Section 5.2 of this Sublease), and Sections 2.03, 3.01, 3.02, 3.05, 3.06, 3.07, 3.08, 4.01, 5.01, 5.03, 5.04, 5.06, 6.02, 7.02, 7.09, 8.01, 8.02, 8.03, 8.04, 8.05, 8.06, 8.07, 8.08, 11.02, and 11.11 of the Master Lease. 15.2 The parties hereto represent and warrant to each other that neither party dealt with any broker or finder in connection with the consummation of this Sublease, and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of the indemnifying party's acts in connection with this Sublease. The provisions of this Section 15.2 shall survive the expiration or earlier termination of this Sublease. 15.3 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at: If to Sublessee: ABX Air, Inc. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ Attention: ▇▇▇▇▇▇ ▇. Hete Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopier: (▇▇▇) ▇▇▇-▇▇▇▇ with a copy (which shall not constitute notice) to: O'Melveny & ▇▇▇▇▇ LLP ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attention: C. ▇▇▇▇▇ ▇▇▇▇▇, Esq. Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Telecopier: (▇▇▇) ▇▇▇-▇▇▇▇ If to Sublessor: Airborne, Inc., ▇.▇. ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ or to such other address as may have been designated in a notice given in accordance with the provision of this Section 15.3.

Variations from Master Lease. As between Sublandlord and Subtenant, the terms and conditions of the Master Lease are modified as stated below in this Section: 6.1 The following Sections of the Master Lease shall not apply to this Sublease: (1) Basic Lease Provisions, subparagraphs B (Tenant's address), D (Lease Term), E (Commencement Date), G (Monthly Base Rent), H (Payee of Rent), I (Address for Payment of Rent), N (Security Deposit) and O (Broker);

Variations from Master Lease. Notwithstanding anything to the contrary contained in this Sublease, except as expressly set forth below in this Section 11(b), the following Sections of the Master Lease are hereby expressly excluded from incorporation herein, and Subtenant shall not be bound by the obligations set forth in, nor benefit from, such Sections, and Sublandlord shall have no obligations with respect to such Sections: Original Lease: Summary of Lease; Section 1.1(a) (Project, Building and Premises) [first sentence only]; Section 1.1(b) (Project, Building and Premises); Section 1.2 (Modifications to Landlord’s Work); Section 1.3 (Verification of Rentable Square Feet of Premises) [first sentence only]; Section 1.5 (BSC Completion); Section 1.7 (Right of First Offer); Section 1.8 (Early Delivery of Phase I-A); Section 2.1 (Initial Lease Term); Section 2.2 (Option Terms); Section 4.2.3 (Statement of Estimated Direct Expenses); Section 4.6 (Estimated Direct Expenses and Occupancy Costs); Section 5.1 (Use of the Premises) [first sentence only]; Section 6.2 (Electricity); Section 6.3 (Domestic Water); Section 6.4 (Elevator Service); Section 6.5 (Cleaning and Trash Removal); Section 6.6 (Life Safety Systems); Section 6.7 (Management); Section 7.2 (Repairs by Landlord); Section 8.1 (Landlord’s Consent to Alterations) [third sentence only re Minor Alterations]; Section 10.1 (Indemnification and Waiver) [penultimate sentence only]; Section 10.7 (Landlord’s Insurance); Section 11.1 (Repair of Damage to Premises by Landlord) [except as set forth in Section 13(b)(ii) below]; Section 11.2 (Option to Terminate Lease); Section 13 (Condemnation) [second sentence re termination, and third sentence re restoration, only]; Section 14.7 (Permitted Transfers); Section 18 (Subordination) [from and after the proviso in the first sentence though the end of the second sentence only]; Section 19.5.2 and Section 19.5.3 (Self-Help Rights); Article 21 (Security Deposit; Letter of Credit); Section 22.1 (Signs); Section 22.3 (Project and Building Naming); Section 22.4 (Project and Building Naming); Article 23 (Compliance with Law) [penultimate sentence only]; Article 27 (Parking) [first sentence and sentences discussing reserved parking only]; Section 28.5 (Transfer of Landlord’s Interest) [first sentence re notice only]; Section 28.15 (Notices); Section 28.22 (Brokers); Section 28.24 (Building Name and Signage) [first sentence only]; Section 28.26.6 (Indemnity; ▇▇▇▇▇▇▇▇’s Environmental Representation); Section...