Project Declaration. The parties acknowledge that (a) all provisions of this Lease are subject and subordinate to the terms of the Project Declaration (defined below), and (b) under the Project Declaration, the Declarant (as defined in the Project Declaration) or the Association (as defined in the Project Declaration) is responsible, by itself or through the Manager (as defined in the Project Declaration), for maintaining, repairing, replacing, restoring, operating and maintaining (“Operating”) the Project Common Areas (defined below) on the terms and conditions of, and subject to the allocation and assessment of costs incurred as provided in, the Project Declaration. Accordingly, the parties agree that, notwithstanding any contrary provision in this Lease, (i) Tenant’s rights hereunder are subject and subordinate to the terms of the Project Declaration; (ii) to the extent Landlord is no longer the Declarant nor the Manager (or to the extent the Project Common Areas are owned or Operated by the Association), Landlord’s obligations hereunder to provide Tenant (or Tenant’s employees) with rights to use the Project Common Areas shall be limited to the obligation to use commercially reasonable efforts to enforce the obligations of such parties under the Project Declaration to provide Tenant (or Tenant’s employees) with such rights; (iii) to the extent Landlord is no longer the Declarant nor the Manager (or to the extent the Project Common Areas are owned or Operated by the Association), Landlord’s obligations hereunder to Operate the Project Common Areas as described herein shall be limited to the obligations to (A) use commercially reasonable efforts to enforce the obligations of such parties under the Project Declaration to so Operate the Project Common Areas, and (B) perform any obligations to so Operate the Project Common Areas that Landlord may have under the Project Declaration; and (iv) all “Assessments” (as defined in the Project Declaration) attributable to the Property shall be included in Expenses, subject to the terms and conditions of Section 4. Landlord shall have no liability for claims arising from acts or omissions of the Association nor, to the extent Landlord is no longer the Declarant nor the Manager, for the acts or omissions of any such parties. Without limiting the foregoing, Landlord shall not be liable to Tenant, and Tenant shall not be entitled to any abatement of Rent, as a result of a person or entity exercising its rights under the Project Declaration....
Project Declaration. Solvay will promptly notify ArQule of a Project Declaration for any Licensed Compound or Derivative Compounds thereof.
Project Declaration. The Trustee shall declare a Project through a project declaration, as determined by the Trust in its sole discretion, which shall include reference to this Agreement and cannot state any provision inconsistent with this Agreement.
Project Declaration. Exhibit J attached to the Purchase Agreement shall be, and hereby is, deleted and Exhibit J attached hereto is hereby inserted in its place.
Project Declaration. Solvay Duphar will promptly notify ArQule of a Project Declaration for any Active ArQule Compound or Derivatives thereof.
Project Declaration. The parties acknowledge that, under the Project Declaration, the Center Association (as defined in the Project Declaration) is responsible for Operating the Project Common Areas on the terms and conditions of the Project Declaration. Notwithstanding the foregoing, Landlord shall cause the Center Association to perform its obligations under the Project Declaration to Operate the Project Common Areas to the extent necessary for Tenant to enjoy the benefits of its rights hereunder relating to the Project Common Areas (as such rights may be defined or limited by the provisions hereof, including the Project Declaration Related Provisions (defined below)). As used herein, “Project Declaration Related Provisions” means the following provisions (which expressly reference the Project Declaration): the first sentence of this Section 2.2.3; clause (xiv) of the first paragraph of Section 4.2.2; Section 4.7.2; and the first sentence of Section 19.5.2. Landlord shall indemnify, defend, protect, and hold the Tenant Parties harmless from any claim asserted by the Center Association for breach of the Project Declaration to the extent such claim is based solely upon Tenant’s exercise of its rights hereunder as expressly permitted herein (including in the Project Declaration Related Provisions).
