Prime Lease a. This Sublease is and shall be subject and subordinate to the Prime Lease, any and all ground or underlying leases affecting the Building or the land underlying the Building, and any and all mortgages or deeds of trust which may now or hereafter encumber or affect such leases, land, and Building and to all renewals, modifications, consolidations, replacements and extensions of any such leases, mortgages and deeds of trust (collectively, the “Documents”). The provisions of this paragraph shall be self-operative and shall require no further consent or agreement by Subtenant. Subtenant agrees, however, to execute within five (5) days after delivery any consent or agreement to confirm that this Sublease is and shall be subject and subordinate to the Documents, which is reasonably requested by Sublandlord or Landlord or any applicable lessor, mortgagee or beneficiary in connection with this paragraph. Sublandlord shall have no obligation to obtain any non-disturbance agreements from Landlord or any mortgagees, beneficiaries or lessors. If the Prime Lease or any ground lease terminates prior to the Expiration Date, this Sublease shall also terminate on the date that the Prime Lease or any such ground lease terminates.
b. Subtenant acknowledges that it has received and reviewed the Prime Lease (redacted to remove certain information). Subtenant’s rights pursuant to this Sublease are subject and subordinate at all times to the Prime Lease and to all of the terms, covenants, and agreements of the Prime Lease. Subtenant shall not do or permit anything to be done in, or in connection with Subtenant’s use or occupancy of, the Premises, which would violate any of the terms, covenants, or agreements of the Prime Lease. Except as modified hereby, except for any provisions of this Sublease which conflict with the Prime Lease (in which case the provisions of this Sublease shall control as between Sublandlord and Subtenant) and except as provided in Paragraph 14.c below, Sublandlord shall have the same obligations to Subtenant and rights against Subtenant with respect to this Sublease, as the “Landlord” has with respect to and against the “Tenant” pursuant to the Prime Lease, and Subtenant shall have the same obligations to Sublandlord and rights against Sublandlord with respect to this Sublease as the “Tenant” has with respect to and against the “Landlord” pursuant to the Prime Lease. In furtherance thereof, for purposes of this Sublease, references to the “Premises” in ...
Prime Lease. Landlord is the tenant under the Prime Lease identified in Section 1(F), bearing the date specified in Section 1(F). Landlord represents and warrants to Tenant that (a) Landlord has delivered to Tenant a full and complete copy of the Prime Lease, the Master Lease and all amendments thereto, and all other agreements between Prime Landlord and Landlord relating to the leasing, use and occupancy of the Premises, (b) the Prime Lease is, as of the date hereof, in full force and effect and (c) no event of default has occurred under the Prime Lease and, to Landlord's knowledge, no event has occurred and is continuing which would constitute an event of default but for the requirement of the giving of notice and/or the expiration of the period of time to cure.
Prime Lease. (a) This Sublease is subject and subordinate to the terms and conditions of the Prime Lease. The provisions of the Prime Lease pertaining to the Subleased Premises are incorporated by this reference into this Sublease as fully as if completely restated herein, provided that some of the provisions of the Prime Lease are specifically incorporated as modified herein or subject to specific terms and conditions as stated in this Sublease. Notwithstanding the foregoing, the following sections or provisions of the Prime Lease are not incorporated herein and do not form a part of this Sublease except to the extent that they are expressly identified and addressed in this Sublease: (i) any provisions that are superseded by or in direct conflict with the provisions of this Sublease; (ii) any right to assign the Prime Lease or sublet the Subleased Premises or to enter into any license or concession agreement or otherwise permit the occupancy or use of the Subleased Premises by any persons other than Subtenant and its employees; (iii) any right to make alterations and additions to the Subleased Premises; (iv) any of the terms of the following Articles, Sections and Amendments to the Prime Lease: Summary of Basic Lease Information Sections 2.2, 3, 4, 6, 8 and 13, Section 1.2 (Verification of Rentable Square Feet of Premises and Building), Article 2 (Term), Article 3 (Base Rent), Article 4 (Additional Rent), Section 6.1 (Standard Tenant Services), Article 7 (Repairs), Section 8.5 (Landlord’s Property), Section 10.7 (Landlord’s Insurance), Article 14 (Assignment and Subletting), Section 15.2 (Removal of Tenant Property by Tenant), Article 16 (Holding Over), Article 20 (Covenant of Quiet Enjoyment), Article 21 (Security Deposit; Letter of Credit), Article 22 (Telecommunications Equipment), Article 23 (Signs), Section 29.13 (Landlord Exculpation), Section 29.33.4 (Pre-Existing Hazardous Materials), Section 29.35 (Tenant Right of First Offer to Purchase Building), Section 29.36 (Successful IPO Condition Precedent), Section 29.37 (Building B Lease), Exhibit B (Tenant Work Letter), Exhibit G (Form of Letter of Credit), and the First Amendment to Lease, the Second Amendment to Office Lease, and the Third Amendment to Office Lease; and (v) any right of cancellation or termination of the Prime Lease or obligation on the part of Tenant to rebuild arising from any provision relating to fire, casualty or condemnation (i.e., Articles 11 and 13 of the Prime Lease).
(b) All of the obli...
Prime Lease. The terms and conditions of the Prime Lease are hereby incorporated by reference and made a part hereof, meaning that, as applicable, references to "Tenant" therein shall be deemed to be "Sublessee" hereunder, references to "Landlord" therein shall be deemed to be "Sublessor" hereunder, and such other terms shall be deemed modified as may be appropriate in the given context, provided:
a. Prime Lessor shall continue to have all rights set forth in the Prime Lease (notwithstanding the fact that Sublessor shall also have the same rights under this Sublease);
b. Sublessor shall not be deemed to have assumed any of the obligations of Prime Lessor as a result of the incorporation of the Prime Lease unless specifically set forth herein;
c. Sublessor, except as otherwise provided herein, shall not be liable for the performance of any of the obligations of Prime Lessor under the Prime Lease;
d. Sublessee shall have no claim against Sublessor by reason of any default in fulfilling such obligations upon the part of Prime Lessor unless such default results from Sublessor's being in default under the Prime Lease and not due to a default of Sublessee hereunder;
e. Sublessor agrees not to modify or amend the Prime Lease without the consent of the Sublessee, which consent shall not be unreasonably withheld or delayed; and
f. with respect to work, services, repairs and restoration or the performance of other obligations required of Prime Lessor under the Prime Lease, if any, Sublessor's sole obligation with respect thereto, shall be to request the same, after requested by Sublessee, and to send all notices required under the Prime Lease to Prime Lessor, as the case may be.
Prime Lease. Client acknowledges and understands that the rights and interest that PEACHTREE OFFICES has in the address selected on page one of this agreement arise out of a written lease agreement (hereinafter referred to as the “Prime Lease”) between a PEACHTREE OFFICES and its landlord (the "Prime Landlord"). As a result, Client is bound by the rights, obligations, rules & regulations of PEACHTREE OFFICES under the Prime Lease, and is charged with every fact affecting the rights and obligations of PEACHTREE OFFICES under the Prime Lease. Notwithstanding any other provision of this Agreement, if the Prime Lease is terminated, this Agreement shall terminate simultaneously. PEACHTREE OFFICES will not be in default of this Agreement if the default arises out of the Prime Landlord’s failure or refusal to perform its obligations under the Prime Lease. Client acknowledges they have no tenancy interests, leasehold estate, easement, license or other real property interests in the Premises, the Common Areas or any part of the Building and that their rights to use the Premises and Common Areas may be terminated at any time by PEACHTREE OFFICES or Landlord, without the requirement of any eviction or other legal proceeding. At Landlord’s request to PEACHTREE OFFICES, Client and their guests may be required to sign in or wear badges or tags while in the Common Areas.
Prime Lease. (a) The term "Prime Lease", as such term is referred to ----------- in this lease, means that certain Lease Agreement entered into by and between Marathon Realty Corporation, as Landlord, and K-VA-T Food Stores, Inc., as Tenant, covering the land and building occupied by Store in which Premises are located, and dated August 1, 1987.
(b) This lease is executed by Lessor and Lessee as a sublease under said Prime Lease, and shall be subject and subordinate to all of the terms and conditions of said Prime Lease. Subject to the provisions of Section 4 hereof, upon the termination of said Prime Lease for any reason, this lease shall terminate. In the event that said Prime Lease is terminated and Lessor continues to occupy said store building and operate said store, whether as tenant or owner, this lease shall not terminate, but remain in effect until the earlier of: 1. Cessation of operation of said store by Lessor, or, 2. Its term, including any extension thereof, expires. In the event that Lessor ceases operations in said store and relocates within a one-mile radius of the store building within one year of cessation of operations, Lessee shall have the opportunity to relocate with Lessor. The relocation of Lessee with Lessor shall be contingent upon: 1. The approval by Lessor of Lessees's bank facility plans, 2. Where applicable, Lessees's maintaining operations at both the old and new facilities, 3. Monthly rental from Lessee in the new store building shall increase in proportion to Lessor's increased occupancy costs and, 4. Said relocation does not violate any terms and conditions or any exclusive rights granted previously by Lessor's landlord, pursuant to the Prime Lease for the new store building.
(c) Lessee agrees that this lease is and shall be subordinate and subject to the lien of any first mortgage, deed to secure debt, deed of trust, or other instrument in the nature thereof which may now or hereafter affect or encumber the fee title to the Premises and the land upon which the store building is located. The preceding sentence pertaining to the subordination of this lease to any first mortgage, security deed, or other instrument in the nature thereof shall be self-operative, and no further instrument or subordination shall be required by the holder of any such instrument affecting or encumbering the fee title of the Premises or the land upon which the store building is located. In confirmation of such subordination, Lessee shall, upon demand, at any t...
Prime Lease. If Lessor leases the Approved Site, Lessor shall provide ------------ Lessee with a copy of its lease and any necessary consent to any Site Lease (the "Prime Lease"), which will be attached to and incorporated into the Site Lease as Schedule 6. Lessor shall diligently pursue the written consent of its lessor, if such consent to the Site Lease is required under the Prime Lease. Such written consent shall be attached to the Prime Lease and included in Schedule 6 to the Site Lease. Notwithstanding anything to the contrary contained in this Agreement or in each individual Site Lease, this Agreement and all of Lessee's rights and obligations hereunder are expressly under and subject to the Prime Lease. In the event the Prime Lease expires or is terminated, the respective Site Lease shall terminate as between Lessor and Lessee on the effective date of termination of the Prime Lease, and Lessor shall have no liability to Lessee therefor, unless such termination is due to the intentional misconduct of Lessor. Lessor shall give Lessee written notice of such termination or expiration of the Prime Lease in accordance with paragraph 24(d) below. This Agreement, including any Site Lease, is subordinate and inferior to the Prime Lease, and Lessee will execute any documents reasonably requested by Lessor in furtherance thereof.
Prime Lease. (a) This Sublease is subject and subordinate to the Prime Lease, and to all the terms, covenants, conditions and provisions set forth in the Prime Lease. All the terms, covenants, conditions and provisions of the Prime Lease, except as otherwise provided by this Sublease, are incorporated herein by reference (the incorporated terms, covenants, conditions and provisions are hereinafter collectively referred to as the "Incorporated Provisions") with the same force and effect as if fully set forth herein; provided, however, except as otherwise set forth herein all references in the Incorporated Provisions to the "Lease," the "Premises," "Landlord," and "Tenant" shall be deemed to refer to this Sublease, the Subleased Premises, Sublandlord and Subtenant, respectively.
Prime Lease. (a) Sublessee acknowledges that it has read and examined ----------- the Prime Lease, and the modification and amendment thereof, and is fully familiar with all the terms, covenants and conditions on the Sublessor's part to be performed thereunder, and that, subject to the express provisions of this Sublease, all of the terms, covenants and conditions of the Prime Lease are incorporated hereinthis Sublease, all of the terms, covenants and conditions of the Prime Lease are incorporated herein as if set forth at length, and those applying to the Tenant therein shall apply to Sublessee.
(b) Sublessee does hereby assume and agree to be bound by and perform all of the terms, covenants and conditions on Sublessor's part to be performed thereunder as the same affect the Subleased Premises. In the event Sublessee shall default in the full performance of any of the terms, covenants and conditions on its part to be performed under this Sublease, then Sublessor shall have the same rights and remedies with respect to such default as are given to Landlord under the Prime Lease with respect to defaults by Sublessor, as tenant, under the Prime Lease. Notwithstanding the foregoing, this Sublease is separate from and subordinate to the Prime Lease.
Prime Lease. 1 4. DEFINITIONS ...............................................................2 5.
