Common use of Primary Lease Clause in Contracts

Primary Lease. (a) Subtenant hereby covenants to perform the covenants and undertakings of “Tenant” under the Primary Lease and to abide by the terms of the Primary Lease to the extent the same are applicable to the Subleased Premises during the term of this Sublease, and shall not do or permit to be done any act which shall result in a violation of any of the terms and conditions of the Primary Lease, including, without limitation, complying with the use provisions set forth in Section 5 of the Primary Lease, insurance and indemnity provisions set forth in Section 15 of the Primary Lease and the hazardous material provisions set forth in Section 29.11 of the Primary Lease. Subject to Section 12 hereof, Subtenant acknowledges and agrees that performance by Sublandlord of its obligations hereunder are conditioned upon due performance by Prime Landlord of its corresponding obligations under the Primary Lease and that Sublandlord shall not be in default under this Sublease for failure to render services or to perform obligations that are the responsibility of the Prime Landlord under the Primary Lease except as otherwise set forth herein. Sublandlord shall have all of the rights and privileges of the Prime Landlord under the Primary Lease as against Subtenant and, as between the parties hereto, Subtenant agrees to observe and perform all of the terms, covenants and conditions on Sublandlord’s part to be observed and performed under the Primary Lease incorporated herein and applicable to the Subleased Premises. As between Sublandlord and Subtenant, subject to Section 6(b) hereof, Subtenant shall be entitled to all of the rights and privileges of the Sublandlord as tenant under the terms of the Primary Lease as and to the extent expressly incorporated by reference into this Sublease and solely with respect to the Subleased Premises.

Primary Lease. A. All the obligations contained in the Primary Lease imposed upon Sublandlord (aas tenant therein) except the payment of Monthly Base Rent are hereby imposed upon Subtenant with respect to the Sub-Premises, provided that any duty or obligation therein required to be performed for the benefit of Overlandlord or right therein granted for the benefit of Overlandlord shall be deemed to be for the benefit of Overlandlord and Sublandlord except as specifically set forth to the contrary herein. Subtenant is hereby covenants granted the right to perform receive all of the covenants and undertakings of “Tenant” services to be provided to Sublandlord under the Primary Lease Lease. Subtenant covenants and agrees to abide by the terms of the Primary Lease to the extent the same are applicable to the Subleased Premises during the term of this Sublease, fully and shall not do or permit to be done any act which shall result in a violation of any of faithfully perform the terms and conditions of the Primary Lease, including, without limitation, complying with Lease and the use provisions set forth in Section 5 of Sublease on its part to be performed. Subtenant shall not do or cause to be done or suffer or permit any act to be done which would or might cause the Primary Lease, insurance or the rights of Sublandlord, as lessee, under the Primary Lease, to be endangered, cancelled, terminated, forfeited or surrendered, or which would or might cause Sublandlord to be in default thereunder or liable for any damage, claim or penalty. Subtenant agrees, as an express inducement for Sublandlord's executing this Sublease, that if there is any conflict between the provisions of this Sublease and indemnity the provisions set forth in Section 15 of the Primary Lease and which would permit Subtenant to do or cause to be done or suffer or permit any act or thing to be done which is prohibited by the hazardous material Primary Lease, then, the provisions set forth in Section 29.11 of the Primary LeaseLease shall prevail. Subject to Section 12 hereof, Subtenant acknowledges and agrees that performance by Sublandlord of its obligations hereunder are conditioned upon due performance by Prime Landlord of its corresponding obligations under If the Primary Lease and that Sublandlord terminates or is terminated for any reason whatsoever, then this Sublease shall automatically terminate simultaneously therewith. If Subtenant is not be in default under this Sublease for failure to render services or to perform obligations that are the responsibility of the Prime Landlord under the Primary Lease except as otherwise set forth herein. Sublandlord shall have all of the rights and privileges of the Prime Landlord under the Primary Lease as against Subtenant and, as between the parties hereto, Subtenant agrees to observe and perform all of the terms, covenants terms and conditions on Sublandlord’s part to hereof, any such termination shall be observed and performed under the Primary Lease incorporated herein and applicable to the Subleased Premises. As without liability between Sublandlord and Subtenant, subject except such liability theretofore accruing; however, if Subtenant is in default, the default provisions hereof shall control as to Section 6(b) hereof, Subtenant shall be entitled to all of the rights and privileges of the Sublandlord as tenant under the terms of the Primary Lease as and to the extent expressly incorporated by reference into this Sublease and solely with respect to the Subleased PremisesSubtenant's liability.

Primary Lease. A. All the obligations contained in the Primary Lease imposed upon Sublandlord (aas tenant therein) except the payment of Monthly Base Rent are hereby imposed upon Subtenant with respect to the Sub-Premises, provided that any duty or obligation therein required to be performed for the benefit of Overlandlord or right therein granted for the benefit of Overlandlord shall be deemed to be for the benefit of Overlandlord and Sublandlord except as specifically set forth to the contrary herein. Subtenant is hereby covenants granted the right to perform receive all of the covenants and undertakings of “Tenant” services to be provided to Sublandlord under the Primary Lease Lease. Subtenant covenants and agrees to abide by the terms of the Primary Lease to the extent the same are applicable to the Subleased Premises during the term of this Sublease, fully and shall not do or permit to be done any act which shall result in a violation of any of faithfully perform the terms and conditions of the Primary Lease, including, without limitation, complying with Lease and the use provisions set forth in Section 5 of Sublease on its part to be performed. Subtenant shall not do or cause to be done or suffer or permit any act to be done which would or might cause the Primary Lease, insurance or the rights of Sublandlord, as lessee, under the Primary Lease, to be endangered, cancelled, terminated, forfeited or surrendered, or which would or might cause Sublandlord to be in default thereunder or liable for any damage, claim or penalty. Subtenant agrees, as an express inducement for Sublandlord's executing this Sublease, that if there is any conflict between the provisions of this Sublease and indemnity the provisions set forth in Section 15 of the Primary Lease which would permit Subtenant to do or cause to be done or suffer or permit any act or thing to be done which is prohibited by the Primary Lease, then, the provisions of the Primary Lease shall prevail. If the Primary Lease terminates or is terminated for any reason whatsoever, then this Sublease shall automatically terminate simultaneously therewith. If Subtenant is not in default under the terms and conditions hereof, any such termination shall be without liability between Sublandlord and Subtenant, except such liability theretofore accruing; however, if Subtenant is in default, the hazardous material default provisions hereof shall control as to Subtenant's liability. B. Sublandlord shall have no duty to perform any obligations of the Overlandlord and shall under no circumstances be responsible for or liable to Subtenant for any default, failure or delay on the part of the Overlandlord in the performance or observance of any obligations or covenants under the Primary Lease, nor shall such default of the Overlandlord affect this Sublease or waive or defer the performance of any of Subtenant's obligations hereunder except as expressly set forth in Section 29.11 of the Primary Lease. Subject C. All services to Section 12 hereof, Subtenant acknowledges and agrees that performance the Sub-Premises shall be furnished by Sublandlord of its obligations hereunder are conditioned upon due performance by Prime Landlord of its corresponding obligations under Overlandlord or the appropriate utility company pursuant to the Primary Lease and that Sublandlord shall not in no event be in default under this Sublease for failure obligated to render furnish any such services or to perform obligations that are utilities nor shall Sublandlord be liable for any failure or deficiency in any such services or utility. D. This Sublease and all the responsibility rights of the Prime Landlord under Subtenant hereunder are subject and subordinate to the Primary Lease except as otherwise set forth hereinLease. Sublandlord shall have all of the rights Subtenant covenants and privileges of the Prime Landlord under the Primary Lease as against Subtenant and, as between the parties hereto, Subtenant agrees to observe and perform all of the terms, covenants and conditions on Sublandlord’s part to be observed and performed under the Primary Lease incorporated herein and applicable to the Subleased Premises. As between Sublandlord and Subtenant, subject to Section 6(b) hereof, Subtenant shall be entitled to all of the rights and privileges obligations of the Sublandlord as tenant under the terms Primary Lease, but only the same related to the Sub-Premises. The failure of Subtenant to observe and perform the covenants and obligations of the Primary Lease shall be a default hereunder. E. Provided Subtenant is not in default hereunder, Sublandlord agrees not to do or cause to be done or suffer or permit any act to be done which would or might cause the Primary Lease, or the rights of Sublandlord, as lessee, under the Primary Lease, to be endangered, cancelled, terminated, forfeited or surrendered, or which would or might cause Sublandlord to be in default thereunder. Sublandlord agrees to promptly deliver copies of notices, received by it under the Primary Lease which allege a default by Sublandlord thereunder and which are not cured by Sublandlord. Subtenant shall obtain all necessary consents from the Overlandlord required under the Primary Lease. Should the consent of the Overlandlord be required prior to the extent expressly incorporated by reference into this Sublease and solely with respect taking or failure to take of any action, Subtenant shall, in addition to the Subleased Premisesconsent of the Overlandlord, obtain the consent of Sublandlord which consent shall, provided the consent of the Overlandlord is granted, not be unreasonably withheld. 6.

Primary Lease. A. Except as set forth herein to the contrary, all the obligations contained in the Primary Lease conferred and imposed upon Sublandlord (aas lessee or tenant therein) Subtenant are hereby covenants conferred and imposed upon Subtenant. Except as provided herein, any rights granted to perform the covenants and undertakings of “Tenant” Sublandlord (as lessee or tenant under the Primary Lease and Lease) are hereby granted to abide by Subtenant, which rights shall include the terms right to receive all of the services to be provided to Sublandlord under the Primary Lease. Notwithstanding the foregoing, the following provisions of the Primary Lease are hereby specifically excluded from the Sublease: Exhibit 1; Articles 2.2.1*; 4, as amended, other than Article 4.9; 5.1-5** (provided that Subtenant shall have the right to install kitchen equipment such as a microwave and refrigerator); 6.6*; and 9 (except to the extent necessary to define the same are applicable amount and manner in which Sublandlord is required to pay Operating Expense Excess to Overlandlord); Ex. 3-37*; the Rider to the Subleased Premises during Other Lease; and the term of this Subleasefirst, second and shall not do or permit third amendments to be done any act which shall result in a violation of any of the Other Lease. Subtenant covenants and agrees to fully and faithfully perform the terms and conditions of the Primary Lease, including, without limitation, complying with Lease and the use provisions set forth in Section 5 of Sublease on its part to be performed. Subtenant shall not do or cause to be done or suffer or permit any act to be done which would or might cause the Primary Lease, insurance or the rights of Sublandlord, as lessee or tenant, under the Primary Lease, to be endangered, canceled, terminated, forfeited or surrendered, or which would or might cause Sublandlord to be in default thereunder or liable for any damage, claim or penalty. Subtenant agrees, as an express inducement for Sublandlord's executing this Sublease, that if there is any conflict between the provisions of this Sublease and indemnity the provisions set forth in Section 15 of the Primary Lease and which would permit Subtenant to do or cause to be done or suffer or permit any act or things to be done which is prohibited by the hazardous material Primary Lease, then the provisions set forth in Section 29.11 of the Primary LeaseLease shall prevail. Subject to Section 12 hereof, Subtenant acknowledges and agrees that performance by Sublandlord of its obligations hereunder are conditioned upon due performance by Prime Landlord of its corresponding obligations under If the Primary Lease and that Sublandlord terminates or is terminated for any reason whatsoever, then this Sublease shall terminate simultaneously therewith, whereupon (i) if Subtenant is not be in default under this Sublease for failure to render services or to perform obligations that are the responsibility of the Prime Landlord under the Primary Lease except as otherwise set forth herein. Sublandlord shall have all of the rights and privileges of the Prime Landlord under the Primary Lease as against Subtenant and, as between the parties hereto, Subtenant agrees to observe and perform all of the terms, covenants terms and conditions on Sublandlord’s part to of this Sublease, such termination shall be observed and performed under the Primary Lease incorporated herein and applicable to the Subleased Premises. As without liability between Sublandlord and Subtenant, subject to Section 6(b; or (ii) hereof, if Subtenant shall be entitled to all of the rights and privileges of the Sublandlord as tenant is in default under the terms and conditions of this Sublease, the Primary Lease default provisions contained herein shall control as and to the extent expressly incorporated by reference into this Sublease and solely with respect to the Subleased PremisesSubtenant's liability.

Primary Lease. Sublessee understands that Sublessor has possession of the Subleased Premises by virtue of a Lease Agreement (athe “Primary Lease”) Subtenant hereby covenants to perform dated November 14, 2002, by and between Sublessor, as tenant and Xxxxx Five Partnership, Ltd., a Texas limited partnership, as the covenants and undertakings landlord (“Landlord”). A copy of “Tenant” under the Primary Lease is attached hereto as Exhibit B. Sublessee understands and acknowledges that this Sublease is subject and subordinate all of the terms and provisions of the Primary Lease. Sublessee further hereby agrees to abide by all terms and provisions of the Primary Lease affecting Sublessor as tenant, and agrees to assume all obligations and responsibilities of Sublessor thereunder, including, but not limited to, the maintenance of insurance coverages, the payment of personal property taxes, late payment charges and other interest owed, and the prohibition of the release or discharge of any hazardous materials. Further, Sublessee shall accept the Subleased Premises in an “as is” and “where is” condition. In the event Landlord shall have the right to modify the terms of the Primary Lease Agreement or to affect the extent the same are applicable to occupancy of the Subleased Premises during by Sublessor, its assignees or Sublessee, and does so exercise such right, then Sublessor shall also have the term right to take such action and shall be deemed to have done so also. Any termination of the Primary Lease by Landlord or by Sublessor under Section 2.02 of the Primary Lease shall be deemed a termination of this Sublease, and . Sublessor shall not do be liable or permit responsible to Sublessee in any manner for a breach or termination of the Primary Lease by Landlord or Sublessor. Sublessee shall not be done any act which shall result in a violation of entitled to any of the terms Sublessor’s rights or privileges under Sections 1.04, 2.02, 10.01, 10.02, 13.01, 13.02, 13.03, 13.04, 13.06 and conditions 13.07, Exhibit H or under Exhibit I of the Primary Lease, including, without limitation, complying with the use provisions set forth in Section 5 of the Primary Lease, insurance and indemnity provisions set forth in Section 15 of the Primary Lease and the hazardous material provisions set forth in Section 29.11 of the Primary Lease. Subject to Section 12 hereof, Subtenant acknowledges and agrees that performance by Sublandlord of its obligations hereunder are conditioned upon due performance by Prime Landlord of its corresponding obligations under the Primary Lease and that Sublandlord shall not be in default under this Sublease for failure to render services or to perform obligations that are the responsibility of the Prime Landlord under the Primary Lease except as otherwise set forth herein. Sublandlord shall have all of the rights and privileges of the Prime Landlord under the Primary Lease as against Subtenant and, as between the parties hereto, Subtenant agrees to observe and perform all of the terms, covenants and conditions on Sublandlord’s part to be observed and performed under the Primary Lease incorporated herein and applicable to the Subleased Premises. As between Sublandlord and Subtenant, subject to Section 6(b) hereof, Subtenant shall be entitled to all of the rights and privileges of the Sublandlord as tenant under the terms of the Primary Lease as and to the extent expressly incorporated by reference into this Sublease and solely with respect to the Subleased Premises.