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 each Building. Subtenant shall designate the number of reserved parking spaces it desires (up to the maximum granted under this subsection (d)) within forty five (45) days of the estimated Commencement Date. Subtenant shall have the right from time to time to change the number of reserved spaces upon forty five (45) days prior notice to Sublandlord. Based upon Sublandlord’s current estimate that the Sublease Premises contain 22,351 Usable Square Feet, Subtenant will be entitled to eighty-nine (89) parking spaces pursuant to the ratio set forth in Section 11.2 of the Original Lease. Subtenant acknowledges that the Usable Square Feet contained within the Sublease Premises are subject to verification in accordance with Section 2.4 of the Original Lease, and that if such verification results in the Sublease Premises containing a different number of Usable Square Feet than the amount set forth above, then the number of parking spaces that Subtenant will be entitled to will be adjusted accordingly. (e) Subtenant’s right to signage under Section 12.2.1 and 12.2.2 of the Original Lease shall be subject to Master Landlord’s approval and shall be at Subtenant’s cost. (f) The liability policy carried by Subtenant pursuant to Section 16 of the Original Lease for the Sublease Premises shall name both Master Landlord and Sublandlord as additional insureds, and shall be endorsed to provide that it may not be canceled or altered without at least twenty (20) days prior written notice to both Master Landlord and Sublandlord, and the time period within which to deliver evidence of renewal of insurance under Section 19 of the Original Lease shall be twenty (20) days prior to the expiration of each such policy. “Landlord’s Invitees” shall, for purposes of the waiver of subrogation under Section 20 of the Original Lease, include Master Landlord. (g) Notwithstanding the provisions of Section 23 of the Original Lease to the contrary, Sublandlord’s consent shall be required for all Alterations, including Minor Alterations. Notwithstanding the provisions of Section 23.4 of the Original Lease to the contrary, Subtenant shall, at Sublandlord’s request, remove all Alterations, other than Sublandlord’s Work (as defined in this Sublease), upon the expiration or earlier termination of this Sublease. Prior to the installation of an Alteration, Subtenant may request in writing that Sublandlord indicate at that time whether Sublandlord will require the removal of such Alteration, in which event Sublandlord shall so indicate in writing to Subtenant. The failure of Sublandlord to give Subtenant written notice of Sublandlord’s election to require the removal of the Alteration within five (5) business days following Sublandlord’s receipt of such request and Master Landlord’s consent (if required under the Master Lease) to such Alteration shall constitute Sublandlord’s election not to require such removal, provided that Subtenant’s request so informs Sublandlord of the consequences of such failure to respond within such five (5) business day period (notwithstanding the foregoing, if Master Landlord requires removal of an Alteration pursuant to Section 23.4 of the Original Lease, Subtenant shall remove the same on or before the expiration or earlier termination of the Sublease). All cabling and wiring installation in the Sublease Premises by or on behalf of Subtenant shall be performed in accordance with the requirements of Section 9.6 of the Original Lease and, unless otherwise required by Master Landlord or required by Sublandlord pursuant to Section 23 below, all such cabling and wiring shall not be removed by Subtenant upon the expiration or earlier termination of this Sublease. Sublandlord shall forward all of Subtenant’s plans for Alterations and cabling and wiring installations to Master Landlord and take, at Subtenant’s cost, whatever other reasonable actions that are necessary to obtain Master Landlord’s approval of the same under the Master Lease. Subtenant acknowledges that the manufacturer of all cabling and wiring within the Sublease Premises is subject to Sublandlord’s approval in order to assure that Sublandlord’s warranties for its cabling and wiring is not impaired.
Appears in 1 contract
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) 10.1 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 Subleased 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) 10.2 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord pursuant to instructions to be provided by Sublandlord to Subtenant.
(c) 10.3 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 's Executive Vice President (▇▇▇▇▇▇▇ ▇. ▇▇▇▇)” " in the first sentence of Section 38.1 is amended to read “"Sublandlord’s 's Director of Administration (▇▇▇▇ ▇. St. ▇▇▇▇)”"), 41.2 (however, Sublandlord agrees to reasonably cooperate with Subtenant in connection with Subtenant’s '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 Subleased Premises); and the Second Amendment.
(d) 10.4 Subtenant’s '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 ; all of Subtenant’s 's parking rights a described in Sections 11.1 and 11.2 of the Master Lease (as incorporated herein) will shall be covered parking and the balance will be exterior parking based on the ratio of reserved and unreserved parking serving each Building. Subtenant shall designate the number of reserved parking spaces it desires (up to the maximum granted under this subsection (d)) within forty five (45) days of the estimated Commencement Date. Subtenant shall have the right from time to time to change the number of reserved spaces upon forty five (45) days prior notice to Sublandlordnon-exclusive. Based upon Sublandlord’s 's current estimate that the Sublease Subleased Premises contain 22,351 22,759 Usable Square Feet, Subtenant will be entitled to eightyninety-nine one (8991) parking spaces pursuant to the ratio set forth in Section 11.2 of the Original Lease. Subtenant acknowledges that the Usable Square Feet contained within the Sublease Subleased Premises are subject to verification in accordance with Section 2.4 of the Original Lease, and that if such verification results in the Sublease Subleased Premises containing a different number of Usable Square Feet than the amount set forth above, then the number of parking spaces that Subtenant will be entitled to will be adjusted accordingly. Section 11.4 of the Original Lease, as incorporated pursuant to Section 9.1 hereof, is hereby modified as follows: Notwithstanding anything to the contrary contained herein, and provided that no Event of Default under this Sublease exists at the time of reduction, Sublandlord agrees to (i) reduce the monthly parking charges otherwise due hereunder for the first (1st) through third (3rd) full months of the initial term of this Sublease (and any partial month at the beginning of the term if the Commencement Date occurs prior to November 1, 2001) to an amount equal to one third (1/3rd) of the parking charges otherwise due hereunder and (ii) reduce the monthly parking charges otherwise due pursuant to this section during the fourth (4th) through sixth (6th) full months of the initial term of this Sublease to an amount equal to two thirds (2/3) of the parking charges otherwise due hereunder. Notwithstanding the reduction in the parking charges as set forth in this paragraph, Subtenant shall be entitled to utilize all of the parking spaces allotted to Subtenant pursuant to the terms of this Section 10.4.
(e) 10.5 Subtenant’s 's right to signage under Section 12.2.1 and 12.2.2 of the Original Lease shall be subject to Master Landlord’s 's approval and shall be at Subtenant’s cost's cost unless Master Landlord agrees to pay for same.
(f) 10.6 The liability policy carried by Subtenant pursuant to Section 16 of the Original Lease for the Sublease Subleased Premises shall name both Master Landlord and Sublandlord as additional insureds, and shall be endorsed to provide that it may not be canceled or altered without at least twenty (20) days prior written notice to both Master Landlord and Sublandlord, and the time period within which to deliver evidence of renewal of insurance under Section 19 of the Original Lease shall be twenty (20) days prior to the expiration of each such policy. “"Landlord’s 's Invitees” " shall, for purposes of the waiver of subrogation under Section 20 of the Original Lease, include Master Landlord.
(g) 10.7 Notwithstanding the provisions of Section 23 of the Original Lease to the contrary, Sublandlord’s 's consent shall be required for all Alterations, including Minor Alterations. Notwithstanding the provisions of Section 23.4 of the Original Lease to the contrary, Subtenant shall, at Sublandlord’s 's request, remove all Alterations, other than Sublandlord’s 's Work (as defined in this Sublease), upon the expiration or earlier termination of this Sublease. , and the following phrase contained in the second sentence of Section 23.4 of the Original Lease is deleted as between Sublandlord and Subtenant: "provided that Tenant shall not be required to remove floor or wall coverings, repaint the Premises, install new floor coverings or refill immaterial wall or floor penetrations." Prior to the installation of an Alteration, Subtenant may request in writing that Sublandlord indicate at that time whether Sublandlord will require the removal of such Alteration, in which event Sublandlord shall so indicate in writing to Subtenant. The failure of Sublandlord to give Subtenant written notice of Sublandlord’s 's election to require the removal of the Alteration within five (5) business days following Sublandlord’s 's receipt of such request and Master Landlord’s 's consent (if required under the Master Lease) to such Alteration shall constitute Sublandlord’s 's election not to require such removal, provided that Subtenant’s 's request so informs Sublandlord of the consequences of such failure to respond within such five (5) business day period (notwithstanding the foregoing, if Master Landlord requires removal of an Alteration pursuant to Section 23.4 of the Original Lease, Subtenant shall remove the same on or before the expiration or earlier termination of the Sublease). All cabling and wiring installation in the Sublease Subleased Premises by or on behalf of Subtenant shall be performed in accordance with the requirements of Section 9.6 of the Original Lease and, unless otherwise required by Master Landlord or required by Sublandlord pursuant to Section 23 below, all such cabling and wiring shall not be removed by Subtenant upon the expiration or earlier termination of this Sublease. Sublandlord shall forward all of Subtenant’s 's plans for Alterations and cabling and wiring installations to Master Landlord and take, at Subtenant’s 's cost, whatever other reasonable actions that are necessary to obtain Master Landlord’s 's approval of the same under the Master Lease. Subtenant acknowledges that the manufacturer of all cabling and wiring within the Sublease Subleased Premises is subject to Sublandlord’s 's approval in order to assure that Sublandlord’s 's warranties for its cabling and wiring is not impaired.
Appears in 1 contract