Common use of Early Termination of Master Lease Clause in Contracts

Early Termination of Master Lease. Sublandlord shall not amend or otherwise modify the Master Lease in a manner that would adversely affect the Sublease Premises, Subtenant’s use or occupancy thereof (or its use of the Common Areas), or Sublandlord’s or Subtenant’s rights or obligations under this Sublease Agreement, except that to the extent that the Master Lease grants Sublandlord any discretionary right to terminate the Master Lease due to casualty or condemnation, Sublandlord may exercise such rights during the Term of this Sublease in its sole discretion. Notwithstanding the foregoing, Sublandlord may terminate the Master Lease for reasons other than casualty or condemnation provided that Sublandlord delivers to Subtenant a nondisturbance agreement in form reasonably acceptable to Subtenant and executed by Master Landlord or an assignment of Sublandlord’s interest as Sublandlord under this Sublease pursuant to which Master Landlord assumes all obligations of Sublandlord hereunder. If the Master Lease should terminate prior to the expiration of this Sublease for any reason, Sublandlord shall have no liability to Subtenant on account of such termination, except as expressly set forth in Section 11.5 above.

Appears in 2 contracts

Samples: Sub Sublease (Cytokinetics Inc), Sublease (Cytokinetics Inc)

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Early Termination of Master Lease. If, without the fault of Sublandlord shall not amend or otherwise modify hereunder the Master Lease in a manner that would adversely affect should terminate prior to the Sublease Premisesexpiration of this Sublease, Sublandlord shall have no liability to Subtenant’s use or occupancy thereof (or its use of the Common Areas), or Sublandlord’s or Subtenant’s rights or obligations under this Sublease Agreement, except that to . To the extent that the Master Lease grants Sublandlord any discretionary right to terminate the Master Lease lease, whether due to casualty casualty, condemnation, or condemnationotherwise, Sublandlord may exercise such rights during the Term of this Sublease in its sole discretion. Notwithstanding the foregoingright without Subtenant's prior written consent; provided, however, that Sublandlord may terminate shall first offer to assign the Master Lease for reasons other than casualty or condemnation provided that Sublandlord delivers (and all of Sublandlord's rights, obligations and interests therein) to Subtenant a nondisturbance agreement in form reasonably acceptable Subtenant, together with Sublandlord's pledge to Subtenant and executed by use all commercially reasonable efforts to obtain the consent of Master Landlord or an to such assignment. Subtenant shall have ten (10) days after said offer to agree to accept assignment of Sublandlord’s interest as Sublandlord under this Sublease pursuant to which Master Landlord assumes all obligations of Sublandlord hereunder. If the Master Lease should (which, upon the consent of Master Landlord, shall terminate this Sublease). Furthermore, Sublessor shall not enter into any amendment or modification of the Master Lease which (a) affects the Subleased Premises or (b) adversely impacts Subtenant's rights under the Sublease, without the prior to the expiration written consent of this Sublease for any reason, Sublandlord shall have no liability to Subtenant on account of such termination, except as expressly set forth in Section 11.5 aboveSubtenant.

Appears in 1 contract

Samples: Cobalt Networks Inc

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Early Termination of Master Lease. If, without the fault of Sublandlord shall not amend or otherwise modify hereunder the Master Lease in a manner that would adversely affect should terminate prior to the Sublease Premisesexpiration of this Sublease, Sublandlord shall have no liability to Subtenant’s use or occupancy thereof (or its use of the Common Areas), or Sublandlord’s or Subtenant’s rights or obligations under this Sublease Agreement, except that to . To the extent that the Master Lease grants Sublandlord any discretionary right to terminate the Master Lease Lease, whether due to casualty casualty, condemnation, or condemnationotherwise, Sublandlord may exercise such rights during the Term of this Sublease in its sole discretion. Notwithstanding the foregoingright without Subtenant's prior written consent; PROVIDED, HOWEVER, that Sublandlord may terminate shall first offer to assign the Master Lease for reasons other than casualty or condemnation provided that Sublandlord delivers (and all of Sublandlord's rights, obligations and interests therein) to Subtenant a nondisturbance agreement in form reasonably acceptable Subtenant, together with Sublandlord's pledge to Subtenant and executed by use all commercially reasonable efforts to obtain the consent of Master Landlord or an to such assignment. Subtenant shall have ten (10) days after said offer to agree to accept assignment of Sublandlord’s interest as Sublandlord under this Sublease pursuant to which Master Landlord assumes all obligations of Sublandlord hereunder. If the Master Lease should (which, upon the consent of Master Landlord, shall terminate this Sublease). Furthermore, Sublessor shall not enter into any amendment or modification of the Master Lease which (a) affects the Subleased Premises or (b) adversely impacts Subtenant's rights under the Sublease, without the prior to the expiration written consent of this Sublease for any reason, Sublandlord shall have no liability to Subtenant on account of such termination, except as expressly set forth in Section 11.5 aboveSubtenant.

Appears in 1 contract

Samples: Cyberstar Computer Corp

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