Additional Subleased Premises. (A) Sublessor shall sublease to Sublessee, and Sublessee shall hire from Sublessor, a portion of the rentable space on the 9th Floor of the Building as more fully shown on Exhibit D attached hereto and made a part hereof (the "Additional Subleased Premises"), subject to and in accordance with the provisions of this paragraph 32, commencing on July 15, 1996 (the "Additional Subleased Premises Commencement Date"), and ending on the Expiration Date, or on such earlier date upon which this Sublease may expire or be cancelled or terminated pursuant to any of the conditions or covenants of the Lease or this Sublease or pursuant to law. From and after the Additional Subleased Premises Commencement Date, the Additional Subleased Premises shall be added to and included in the Subleased Premises, and except as otherwise provided in this paragraph 32, all of the terms and conditions of this Sublease shall be applicable to the subleasing of the Additional Subleased Premises. (B) Sublessee waives (i) any right to rescind this Sublease under Section 223-a of the Real Property Law of the State of New York (or any other law of like import, now or hereafter in force) and (ii) the right to recover any damages resulting from Sublessor's failure to deliver possession of the Additional Subleased Premises by the Additional Subleased Premises Commencement Date, for any reason whatsoever. No such failure shall (y) affect the validity of this Sublease or the obligations of Sublessee hereunder or (z) give rise to any claim by Sublessee for damages or for rescission of this Sublease. (C) The termination of this Sublease shall also terminate and render void all rights of Sublessee under this paragraph 32. Sublessee's rights under this paragraph 32 may not be severed from this Sublease or separately sold, separately assigned or separately transferred. (k) Exhibits D and E hereto shall be deemed to be annexed to the Sublease as Exhibit D and E thereto, respectively, and made a part thereof.
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Additional Subleased Premises. (Aa) Sublessor shall sublease to Sublessee, and Sublessee shall hire from Sublessor, a portion Effective as of the later to occur of (i) June 1, 2014 or (ii) the date that Sublandlord receives Landlord’s written consent to this Amendment (the “Expansion Date”), Sublandlord and Subtenant hereby agree that the Original Subleased Premises shall be expanded to include approximately 38,014 rentable space on square feet consisting of the 9th entire Fifth Floor of the Building Leased Premises as more fully shown on Exhibit D the drawing attached hereto as Exhibit A and made a part hereof incorporated herein by reference (the "“Additional Subleased Premises"), subject to and in accordance with ”; the provisions of this paragraph 32, commencing on July 15, 1996 (the "Additional Original Subleased Premises Commencement Date"), and ending on the Expiration Date, or on such earlier date upon which this Sublease may expire or be cancelled or terminated pursuant to any of the conditions or covenants of the Lease or this Sublease or pursuant to law. From and after the Additional Subleased Premises Commencement are hereinafter collectively referred to as the “Subleased Premises”). Sublandlord has subleased and rented and does hereby sublease and rent to Subtenant, and Subtenant hereby subleases from Sublandlord, effective as of the Expansion Date, the Additional Subleased Premises. Subtenant hereby subleases the Additional Subleased Premises shall be added to and included in upon the Subleased Premises, and except as otherwise provided in this paragraph 32, all of the same terms and conditions of this Sublease shall be applicable as the Original Subleased Premises except as specifically set forth herein to the subleasing of the Additional Subleased Premises.
(B) Sublessee waives (i) any right to rescind this Sublease under Section 223-a of the Real Property Law of the State of New York (or any other law of like import, now or hereafter in force) and (ii) the right to recover any damages resulting from Sublessor's failure to deliver possession contrary. The rentable area of the Additional Subleased Premises by as specified in this Section 2 is only an approximation and no variation between the amount so stated and the actual rentable area of the Additional Subleased Premises Commencement Date, for any reason whatsoever. No such failure shall (y) affect the validity of this Sublease or alter the obligations of Sublessee hereunder or (z) give rise to any claim by Sublessee for damages or for rescission of this Sublandlord and Subtenant under the Sublease, as amended hereby.
(Cb) The termination On the Expansion Date, Sublandlord shall deliver the Additional Subleased Premises, and Subtenant agrees to accept the Additional Subleased Premises, in its “as is” broom clean condition as of this Sublease the date hereof and free of all occupants and personal property except as set forth on Exhibit B attached hereto. Notwithstanding the forgoing, no later than ten (10) business days prior to the Expansion Date, Subtenant shall also terminate and render void all rights of Sublessee under this paragraph 32have the option to designate by written notice to Sublandlord any items listed on Exhibit B which Subtenant would like removed. Sublessee's rights under this paragraph 32 may Except as expressly set forth above, Sublandlord shall not be severed from obligated to perform any work or furnish any materials in, to or about the Subleased Premises in order to prepare the Additional Subleased Premises for use or occupancy by Subtenant or otherwise. Subtenant agrees that in executing this Sublease Amendment, it has not relied upon any statements, representations, covenants or separately soldwarranties made by Sublandlord or any person acting on behalf of Sublandlord other than those, separately assigned or separately transferred.
(k) Exhibits D and E hereto shall be deemed to be annexed to the Sublease as Exhibit D and E theretoif any, respectivelyexpressly set forth in this Amendment, and made a part thereofon such investigations, examinations and inspections as Subtenant has chosen to make or has made.
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Sources: Sublease (Demandware Inc)