Common use of Base Lease Clause in Contracts

Base Lease. Except to the extent that the terms of the Base Lease are inconsistent with specific terms set forth herein, and subject to the last sentence of this Section 4, the terms and conditions of the Base Lease are hereby incorporated herein by reference for all purposes, and by Sublessee’s execution hereof, Sublessee acknowledges that Sublessor has furnished Sublessee with a copy of the Base Lease. Except as otherwise expressly provided in this Sublease, Sublessee hereby agrees to comply in all respects with the terms and conditions of the Base Lease, including, without limitation, limitations on use; maintenance and repairs; alterations, additions, and improvements; compliance with laws; and prohibitions against assignment and subletting. Sublessor covenants and agrees that it will perform and observe all of the provisions contained in the Base Lease to be performed and observed by the “Tenant” thereunder except for those obligations which are expressly assumed by Sublessee pursuant to this Sublease. Notwithstanding the foregoing, Sublessee shall have no obligation to (i) cure any default of Sublessor under the Base Lease (unless caused by Sublessee’s default under this Sublease), (ii) perform any obligation of Sublessor under the Base Lease which arose prior to the Commencement Date, (iii) repair any damage to the Demised Premises caused by Sublessor, or (iv) discharge any liens on the Demised Premises or the Building which arise out of any work performed, or claimed to be performed, by or at the direction of Sublessor. Notwithstanding anything contained herein to the contrary and subject to Section 35, Sublessee will have no rights, claims, or causes of action against Sublessor or Base Lessor based on Sublessor’s failure to perform or observe any provisions in the Base Lease. The following provisions of the Base Lease shall not be incorporated into this Sublease: 2, 3.1, 4, 5, 7.2.l (i) and (ii), 7.4, 11, 13, 19.3, 28, 39, 40, Exhibit A, Exhibit B, the First Amendment. the Second Amendment, the Third Amendment and the Fourth Amendment; provided, Sections 7.2.1(i), 7.2.1(ii) and 13 shall be incorporated to the extent such Sections apply to the Demised Premises. This Sublease is subject and subordinate to all terms. covenants, and conditions of the Base Lease and to all of the rights of the Base Lessor under the Base Lease. In the event that the Base Lease terminates before the expiration of this Sublease, Sublessee will, at the option of the Base Lessor, attorn to the Base Lessor and waive any rights Sublessee may have to terminate this Sublease or to surrender possession of the Demised Premises as a result of the termination of the Base Lease. If for any reason the Base Lease terminates prior to the expiration or termination of this Sublease, Sublessee will not have any claim whatsoever against Sublessor arising from or related to such termination of the Base Lease or for other amounts Sublessee incurs in connection therewith.