Common use of Base Lease Clause in Contracts

Base Lease. a. Except as otherwise expressly provided herein, all terms, covenants and conditions of the Bindview Base Lease are hereby incorporated in and made a part of this Sublease, and such rights and obligations that are contained in the Bindview Base Lease are hereby imposed upon the parties hereto, Sublandlord being substituted for Landlord under the Bindview Base Lease and Subtenant being substituted for Tenant under the Bindview Base Lease; provided however, that Sublandlord shall have no obligation to Subtenant with respect to work, services, repairs, repainting, restoration or the performance of any and all other obligations to be performed by Landlord pursuant to the Bindview Base Lease. It is understood and agreed that the performance by Sublandlord of any of the terms, covenants and conditions of this Sublease and the Bindview Base Lease shall be subject to and dependent upon the performance by Landlord under the Bindview Base Lease of all the terms, covenants and conditions, express or implied, imposed upon Landlord pursuant to the Bindview Base Lease. It is further understood and agreed that Sublandlord shall be under no obligation or liability whatever to Subtenant in the event that Landlord shall fail to perform any of the terms, covenants or conditions imposed upon Landlord pursuant to the Bindview Base Lease. b. Sublandlord covenants and agrees that Sublandlord shall not (i) do or suffer or permit anything to be done which would constitute a default under the Bindview Base Lease or would cause the Bindview Base Lease to be canceled, terminated or forfeited by virtue of any rights of cancellation, termination or forfeiture reserved or vested in Landlord under the Bindview Base Lease or (b) exercise during the term of this Sublease any right reserved or vested in Sublandlord to cancel, terminate or forfeit the Bindview Base Lease. Sublandlord covenants and agrees to provide Subtenant prompt written notice (within 48 hours after its receipt thereof) of any notice of default received by Sublandlord from Landlord. If and only if Sublandlord fails to timely cure such default beyond applicable cure periods, Sublandlord hereby grants to Subtenant the right (but not the obligation) to cure any such default by Sublandlord (but not in the event Sublandlord is protesting the existence of an alleged default), in which event Sublandlord shall, within ten (10) days after receipt of an invoice therefor, reimburse Subtenant for any cost or expense so incurred. In the event that Sublandlord fails to so reimburse Subtenant, Subtenant shall have the right to offset such amount against the next payments of Rent due hereunder. c. Subtenant covenants and agrees that Subtenant shall not do or suffer or permit anything to be done which would constitute a default under the Bindview Base Lease or would cause the Bindview Base Lease to be canceled, terminated or forfeited by virtue of any rights of cancellation, termination or forfeiture reserved or vested in Landlord under the Bindview Base Lease, and that Subtenant will indemnify and hold harmless Sublandlord from, and defend Sublandlord against, all claims, liabilities, losses and damages of any kind whatsoever (excepting indirect, special and consequential damages) that Sublandlord may incur by reason of, resulting from or arising out of any such cancellation, termination or forfeiture. Subtenant covenants and agrees to deliver to Sublandlord, within forty-eight (48) hours after Subtenant’s receipt thereof, copies of any and all notices or other correspondence received by Subtenant from Landlord that might affect Sublandlord in any manner. d. Subtenant shall be entitled to the use and benefit of all of the services and amenities applicable to the Subleased Premises that Landlord is obligated to provide to Sublandlord under the Bindview Base Lease. If at any time during the term of this Sublease Sublandlord becomes entitled to any reduction or abatement of the rentals due under the Bindview Base Lease with respect to the Subleased Premises, Subtenant shall receive a corresponding reduction or abatement of its rental obligations under this Sublease e. Sublandlord covenants and agrees with Subtenant that upon Subtenant paying the Rent provided for herein, and observing and performing all of the other obligations, terms, covenants and conditions of this Sublease on Subtenant’s part to be observed and performed, Subtenant may peaceably and quietly enjoy the Subleased Premises during the Term; provided, however, that this Sublease shall automatically terminate upon termination of the Lease and Subtenant shall have no claim against Sublandlord unless such termination was caused by the default of Sublandlord in the performance of the obligations under the Lease or this Sublease for which Sublandlord is responsible.

Base Lease. a. Except as otherwise expressly provided hereinThe Mortgagor shall not sell, assign, modify, amend, supplement, encumber or surrender the Base Lease without the prior written consent of Mortgagee in each instance. Mortgagor shall promptly and fully keep, perform and comply with all the terms, covenants provisions, covenants, conditions and conditions of agreements imposed upon or assumed by the Bindview Mortgagor as lessee under the Base Lease are hereby incorporated and shall not do, or permit anything to be done, or omit from doing anything, which will give the landlord under the Base Lease a right to terminate the Base Lease. If the Mortgagor shall, in any manner, fail in this agreement, Mortgagee may (but shall not be obligated to) take any action Mortgagee deems necessary or desirable to prevent or cure any default by Mortgagor in the performance of or compliance with any of Mortgagor's covenants or obligations under the Base Lease. Mortgagee may rely on any notice of default received from said landlord and made a part may act thereon as herein provided even though the existence of this Subleasesuch default or the nature thereof may be questioned or denied by Mortgagor or any party acting on behalf of Mortgagor, and such rights and obligations notice of default shall be conclusive evidence that are contained in a default exists for the Bindview Base Lease are hereby imposed purpose of this Section. Mortgagee shall have the right to enter upon the parties hereto, Sublandlord being substituted for Landlord under the Bindview Base Lease demised premises and Subtenant being substituted for Tenant under the Bindview Base Lease; provided however, that Sublandlord shall have no obligation to Subtenant with respect to work, services, repairs, repainting, restoration any other property owned or the performance of any and all other obligations to be performed controlled by Landlord pursuant to the Bindview Base Lease. It Mortgagor which is understood and agreed that the performance affected by Sublandlord of any of the terms, covenants and conditions of this Sublease and the Bindview Base Lease shall be subject to and dependent upon the performance by Landlord under the Bindview Base Lease of all the termsconditions, provisions, covenants and conditions, express or implied, imposed upon Landlord pursuant to the Bindview Base Lease. It is further understood and agreed that Sublandlord shall be under no obligation or liability whatever to Subtenant in the event that Landlord shall fail to perform any agreements of the terms, covenants or conditions imposed upon Landlord pursuant to the Bindview Base Lease. b. Sublandlord covenants and agrees that Sublandlord shall not (i) do or suffer or permit anything to be done which would constitute a default under the Bindview Base Lease or would cause the Bindview Base Lease to be canceledsuch extent and as often as Mortgagee, terminated in its sole discretion, deems necessary or forfeited by virtue of any rights of cancellation, termination desirable in order to prevent or forfeiture reserved or vested in Landlord under the Bindview Base Lease or (b) exercise during the term of this Sublease any right reserved or vested in Sublandlord to cancel, terminate or forfeit the Bindview Base Lease. Sublandlord covenants cure and agrees to provide Subtenant prompt written notice (within 48 hours after its receipt thereof) of any notice of default received by Sublandlord from Landlord. If and only if Sublandlord fails to timely cure such default beyond applicable cure periods, Sublandlord hereby grants to Subtenant the right (but not the obligation) to cure any such default by Sublandlord (but not in the event Sublandlord is protesting the existence Mortgagor. Mortgagee may expend such sums of an alleged default)money as Mortgagee, in which event Sublandlord shall, within ten (10) days after receipt of an invoice therefor, reimburse Subtenant its sole discretion deems necessary for any cost or expense so incurred. In the event that Sublandlord fails to so reimburse Subtenant, Subtenant shall have the right to offset such amount against the next payments of Rent due hereunder. c. Subtenant covenants and agrees that Subtenant shall not do or suffer or permit anything to be done which would constitute a default under the Bindview Base Lease or would cause the Bindview Base Lease to be canceled, terminated or forfeited by virtue of any rights of cancellation, termination or forfeiture reserved or vested in Landlord under the Bindview Base Leasepurpose, and that Subtenant will indemnify and hold harmless Sublandlord from, and defend Sublandlord against, all claims, liabilities, losses and damages of any kind whatsoever (excepting indirect, special and consequential damages) that Sublandlord may incur by reason of, resulting from or arising out of any such cancellation, termination or forfeiture. Subtenant covenants and agrees to deliver to Sublandlord, within forty-eight (48) hours after Subtenant’s receipt thereof, copies of any and all notices or other correspondence received by Subtenant from Landlord that might affect Sublandlord in any manner. d. Subtenant sums so expended shall be entitled to the use and benefit of all deemed part of the services debt and amenities applicable to the Subleased Premises that Landlord is obligated to provide to Sublandlord under the Bindview Base Lease. If at any time during the term of shall be secured by this Sublease Sublandlord becomes entitled to any reduction or abatement of the rentals due under the Bindview Base Lease with respect to the Subleased Premises, Subtenant shall receive a corresponding reduction or abatement of its rental obligations under this Sublease e. Sublandlord covenants and agrees with Subtenant that upon Subtenant paying the Rent provided for herein, and observing and performing all of the other obligations, terms, covenants and conditions of this Sublease on Subtenant’s part to be observed and performed, Subtenant may peaceably and quietly enjoy the Subleased Premises during the Term; provided, however, that this Sublease shall automatically terminate upon termination of the Lease and Subtenant shall have no claim against Sublandlord unless such termination was caused by the default of Sublandlord in the performance of the obligations under the Lease or this Sublease for which Sublandlord is responsibleMortgage.