Common use of Insofar Clause in Contracts

Insofar. as the provisions of the Main Lease do not conflict with the specific provisions of this Sub-Lease Agreement, they and each of them are incorporated into this Sub-Lease as if fully and completely rewritten herein, and Sub-Lessee agrees to be bound to the Sub-Lessor by all the terms of the Main Lease and to assume towards Sub-Lessor and perform all the obligations and responsibilities that Sub-Lessor, by the Main Lease, assumes towards the Lessor, except for the payment of rent by Sub-Lessee to Sub-Lessor, which is governed by Paragraph 4 herein. Sub-Lessee further agrees to defend, indemnify and hold harmless SubLessor and Lessor from any claim or liability under the Main Lease and this SubLease Agreement arising subsequent to the effective date of this Sub-Lease Agreement. The relationship between Sub-Lessee and Sub-Lessor shall be the same as that between Sub-Lessor and Lessor under the Main Lease. Sub-Lessor shall not be liable for any nonperformance of or noncompliance with or breach or failure to observe any term, covenant or condition of the Main Lease upon Lessor's part to be kept, observed, performed or complied with, or for any delay or interruption in Lessor's performing its obligations thereunder, provided that Sub-Lessor shall cooperate with Sub-Lessee in assisting Sub-Lessee in enforcing the terms of the Main Lease, to the extent provided below. Sub-Lessor hereby assigns unto Sub-Lessee, for so long as this Sub-Lease shall be in force and effect, any and all assignable rights and causes of action which Sub-Lessor may have against Lessor with respect to the Sub-Leased Premises due to defaults by Lessor under the Main Lease. Sub-Lessor will cooperate with and join with Sub-Lessee in any claims or suits brought by Sub-Lessee against Lessor under the Main Lease, provided that such participation shall be without cost or expense to SubLessor. Sub-Lessor shall not enter into any amendment of the Main Lease with Lessor which impairs any rights or increases any obligations of Sub-Lessee thereunder without obtaining Sub-Lessee's written consent thereto prior thereto.

Insofar. as the provisions of the Main Lease do not conflict with the specific provisions of this Sub-Lease AgreementSublease, they and each of them are incorporated into this Sub-Lease Sublease as if fully and completely rewritten herein, herein and Sub-Lessee agrees to be bound shall fix the rights and obligations of the parties hereto with respect to the Sub-Lessor by all Subleased Premises with the same effect as if Sublessor and Sublessee were, respectively, the Landlord and Tenant (as such terms of are defined in the Main Lease and to assume towards Sub-Lessor and perform all the obligations and responsibilities that Sub-Lessor, by Lease) named in the Main Lease, Sublessee assumes towards and shall observe all obligations, liabilities, covenants, and undertakings of Sublessor as Tenant (as such term is defined in the LessorMain Lease) under the Main Lease to the extent the same are applicable to the Subleased Premises during the Term, except and agrees not to do or permit to be done any act, nor fail to do any action, which shall result in a violation of any of the terms and conditions of said Main Lease. Except as otherwise specifically provided herein, Sublessee is to have the benefit of the covenants and undertakings of Lessor in the Main Lease to the extent the same are applicable to the Subleased Premises during the Term. It is expressly understood and agreed, however, that Sublessor is not in the position to render any of the services or to perform any of the obligations required of Lessor by the terms of this Sublease, and that performance by Sublessor of its obligations hereunder are conditioned upon due performance by Lessor of its corresponding obligations under the Main Lease. It is further understood and agreed, therefore, that notwithstanding anything to the contrary contained in this Sublease, Sublessor shall not be in default under this Sublease for failure to render such services or perform such obligations required by Sublessor by the terms of this Sublease that are the responsibility of the Lessor under the Main Lease, but Sublessor agrees to take prompt and reasonable measures to insure that Lessor performs said obligations. Sublessor shall not be required to (i) provide any of the insurance, services or construction to the Subleased Premises that Lessor may have agreed to provide pursuant to the Main Lease (or as required by law), (ii) provide any utilities (including electricity) to the Subleased Premises that Lessor may have agreed to provide pursuant to the Main Lease (or as required by law); provided, however, that Sublessee may obtain after-hours HVAC services for the price of $30.00/per hour per zone of the Subleased Premises, (iii) make any of the repairs that Lessor may have agreed to make pursuant to the Main Lease (or as required by law), (iv) take any other action relating to the operation, maintenance, repair, restoration, rebuilding, alteration or servicing of the Subleased Premises that Lessor may have agreed to provide, furnish, make, comply with, or take, or cause to be provided, furnished, made complied with or taken under the Main Lease, (v) provide any security for the Subleased Premises or (vi) provide Sublessee with any abatement, rebate, credit, allowance or other concession required of Lessor pursuant to the Main Lease. Subject to Sublessor’s compliance with the terms of this Section, Sublessee shall not make any claim against Sublessor for any damage which may arise by reason of (a) the failure of Lessor to keep, observe or perform any of its obligations under the Main Lease or (b) the acts or omissions of Lessor or its agents, contractors, employees, invitees or licensees. The payment of rent by Sub-Lessee Sublessee to Sub-Lessor, which is Sublessor shall be governed by Paragraph 4 herein. Sub-Lessee further agrees to defend, indemnify and hold harmless SubLessor and Lessor from any claim or liability under the Main Lease and this SubLease Agreement arising subsequent to the effective date of this Sub-Lease Agreement. The relationship between Sub-Lessee Sublessee and Sub-Lessor Sublessor shall be the same as that between Sub-Lessor Sublessor and Lessor under the Main Lease. Sub-Lessor ▇▇▇▇▇▇, Sublessor shall not be liable for any nonperformance of or noncompliance with or breach or failure to observe any term, covenant or condition of modify the Main Lease upon Lessor's part to be kept, observed, performed in any way that would expand the obligations or complied withliabilities, or for any delay or interruption in Lessor's performing its obligations thereunderreduce the rights, provided that Sub-Lessor shall cooperate with Sub-Lessee in assisting Sub-Lessee in enforcing the terms of the Main Lease, to the extent provided below. Sub-Lessor hereby assigns unto Sub-Lessee, for so long as Sublessee under this Sub-Lease shall be in force and effect, any and all assignable rights and causes of action which Sub-Lessor may have against Lessor with respect to the Sub-Leased Premises due to defaults by Lessor under the Main Lease. Sub-Lessor will cooperate with and join with Sub-Lessee in any claims or suits brought by Sub-Lessee against Lessor under the Main Lease, provided that such participation shall be without cost or expense to SubLessor. Sub-Lessor shall not enter into any amendment of the Main Lease with Lessor which impairs any rights or increases any obligations of Sub-Lessee thereunder without obtaining Sub-Lessee's written consent thereto prior theretoSublease.