Common use of PROVISIONS CONSTITUTING SUBLEASE Clause in Contracts

PROVISIONS CONSTITUTING SUBLEASE. 5.1 This Sublease is and at all times shall be subject and subordinate to the Lease. Sublessee shall take no action which would cause Sublessor to be in default of its obligations under the Lease, and Sublessee shall perform all of its obligations under this Sublease, and Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to do so. Sublessor shall fully perform all of its obligations under the Lease (except to the extent any of the same are the obligation of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorneys' fees and costs, arising out of Sublessor's failure to do so. Upon any termination of the Lease, this Sublease shall terminate concurrently therewith except as otherwise provided in the Consent of Landlord to Sublease and without any liability of Sublessor to Sublessee; provided, however, that a Lease termination due to Sublessor's default of its obligations under the Lease or this Sublease, shall be subject to the indemnification set forth above. Sublessor shall not enter into any amendment or modification of the Lease without the consent of Sublessee, nor shall Sublessor consent to a termination of the Lease or exercise any option to terminate the Lease that it may have, or surrender the Lease, without the prior written consent of Sublessee which will not unreasonably be withheld (and except as may be specifically permitted by this Sublease).

PROVISIONS CONSTITUTING SUBLEASE. 5.1 2.1 This Sublease is and at all times shall be subject and subordinate to the Master Lease. Sublessee shall take no action which would cause Sublessor to be in default of its obligations under the Lease, and Sublessee shall perform all of its obligations under this Sublease, and Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to do so. Sublessor shall fully perform all of its obligations under the Lease (except to the extent any of the same are the obligation of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorneys' fees and costs, arising out of Sublessor's failure to do so. Upon any termination of the Master Lease, this Sublease shall terminate concurrently therewith except as otherwise provided in the Consent of Landlord to Sublease and without any liability of Sublessor to Sublessee; provided, however, that a Lease termination due to Sublessor's default of its obligations under the Lease or this Sublease, shall be subject to the indemnification set forth abovealso terminate. Sublessor Sublandlord shall not enter into any amendment or modification of terminate the Master Lease without the consent of SublesseeSubtenant; provided however, nor shall Sublessor that Sublandlord may terminate the Master Lease in the event of a casualty or condemnation without Subtenant's consent if Sublandlord has the fight to a termination of do so under the Lease or exercise any option Master Lease. If Sublandlord elects to terminate the Master Lease in such circumstances, Sublandlord shall notify Subtenant concurrently with giving notice to Landlord, which notice shall be given not less than one hundred twenty (120) days following the date of the casualty or condemnation, as the case may be; provided however, that it may have, or surrender Sublandlord shall have the fight to provide earlier notice if Sublandlord is required to do so under the Master Lease, without . Subtenant hereby assumes and agrees to perform all of the prior written consent obligations of Sublessee which will not unreasonably be withheld (and "Tenant" under the Master Lease except as may specifically set forth herein. Sublandlord hereby agrees to use reasonable efforts to cause Landlord under the Master Lease to perform all of the obligations of Landlord thereunder. Subtenant shall not commit or permit to be specifically permitted by this Sublease)committed on the Subleased Premises any act .which violates any term or condition of the Master Lease.

PROVISIONS CONSTITUTING SUBLEASE. 5.1 A. This Sublease is and at all times shall be subject and subordinate to the Master Lease. Sublessee shall take no action , any and all subsequent amendments or supplemental agreements thereto and any and all matters to which would cause Sublessor to be in default the tenancy of its obligations Sublessor, as Tenant under the Master Lease, is or may be subordinate, and Sublessee shall perform all of its obligations in no case have any rights under this Sublease, and Sublessee Sublease that exceed Sublessor's rights as Tenant under the Master Lease. Sublessor agrees that it shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of not modify or amend the Master Lease without Sublessee's failure consent thereto, provided that such consent shall not be unreasonably withheld or delayed. It shall not be deemed unreasonable for Sublessee to do so. withhold its consent to any such modification or amendment in the event the same would increase Sublessee's rental obligations hereunder, affect Sublessee's use or occupancy, change the Subleased Premises, materially decrease the obligations of Sublessor shall fully perform all of its obligations hereunder or Landlord under the Lease (except to Master Lease, adversely affect the extent any of the same are the obligation rights of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorneys' fees and costs, arising out of Sublessor's failure or decrease the services required to do so. Upon any termination of the Lease, this Sublease shall terminate concurrently therewith except as otherwise be provided in the Consent of by Landlord to Sublease and without the Premises. Sublessee shall in no event withhold its consent to any liability of Sublessor to Sublessee; provided, however, that a Lease termination due to Sublessor's default of its obligations under the Lease modification or this Sublease, shall be subject amendment to the indemnification set forth above. Master Lease to which Sublessor shall not enter into any amendment or modification of the Lease without the consent of Sublessee, nor shall Sublessor consent is required to a termination of the Lease or exercise any option to terminate the Lease that it may have, or surrender the Lease, without the prior written consent of Sublessee which will not unreasonably be withheld (and except as may be specifically permitted by this Sublease)consent.

PROVISIONS CONSTITUTING SUBLEASE. 5.1 This Sublease is and at all times shall be subject and subordinate to the Lease. Sublessee shall take no action which that would cause Sublessor to be in default of its obligations under the Lease, and . Sublessee shall perform all of its obligations under this Sublease, and Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to do so. Sublessor shall fully perform all of its obligations under the Lease (except to the extent any of the same are the obligation of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorneys' fees and costs, arising out of Sublessor's failure to do so. Upon any termination of the Lease, this Sublease shall terminate concurrently therewith except as otherwise provided in the Consent of Landlord to Sublease and without any liability of Sublessor to Sublessee; provided, however, that a Lease termination due to Sublessor's default of its obligations under the Lease or this Sublease, shall be subject to the indemnification set forth above. Sublessor shall not enter into any amendment or modification of the Lease without the consent of Sublessee, nor shall Sublessor consent to a termination of the Lease or exercise any option to terminate the Lease that it may have, or surrender the Lease, without the prior written consent of Sublessee which will not unreasonably be withheld (and except as may be specifically permitted by this Sublease).

PROVISIONS CONSTITUTING SUBLEASE. 5.1 (a) This Sublease is subject to all of the terms and at conditions of the Lease, and all times amendments thereto; provided, however, Sublessee’s consent must obtained for any and all amendments after the date hereof that materially adversely affect any of Sublessee’s rights thereunder. Sublessee shall be subject and subordinate to in no case have any rights under this Sublease that exceed Sublessor’s rights as tenant under the Lease. Sublessee shall take no action neither do nor permit to be done anything which would cause Sublessor to be in constitute a default of its obligations under the Lease, and Sublessee shall perform all of its obligations under this Sublease, and Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to do so. Sublessor shall fully perform all of its obligations under the Lease (except or cause the Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in Lessor thereunder. Sublessee shall assume and perform the obligations of Sublessor as tenant in the Lease to the extent said terms and conditions are applicable to the Premises, except as expressly set forth herein. In the event of any conflicts between the terms of the same are Sublease and the obligation of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorneys' fees and costs, arising out of Sublessor's failure to do so. Upon any termination terms of the Lease, for all purposes hereof, the terms of the Sublease shall control; however, to the extent that an issue is not addressed in the Sublease, and also not specifically excluded herein, the terms of the Lease shall control. Sublessee shall not commit or permit to be committed on the Premises any act or omission which shall violate any term or condition of the Lease incorporated under this Sublease. In the event of the termination of Sublessor’s interest as tenant under the Lease for any reason, other than a voluntary termination agreed to by Lessor and Sublessor, then this Sublease shall terminate concurrently simultaneously therewith except as otherwise provided in the Consent of Landlord to Sublease and without any liability of Sublessor to Sublessee; provided, however, that a Lease termination due to Sublessor's default of its obligations under the Lease or this Sublease, shall be subject to the indemnification set forth above. Sublessor shall not enter into any amendment or modification of the Lease without the consent of Sublessee, nor shall Sublessor consent to a termination of the Lease or exercise any option to terminate the Lease that it may have, or surrender the Lease, without the prior written consent of Sublessee which will not unreasonably be withheld (and except as may be specifically permitted by this Sublease).

PROVISIONS CONSTITUTING SUBLEASE. 5.1 (a) This Sublease is subject to all of the terms and at all times shall be subject and subordinate to conditions of the Master Lease. Sublessee shall take no action which would cause Sublessor to be in default of its obligations under the Lease, except as specifically exempted herein, and Sublessee shall assume and perform all the obligations of its obligations under this Sublease, and Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to do so. Sublessor shall fully perform all of its obligations as tenant under the Lease (except Master Lease, to the extent said terms and conditions are applicable to the Premises (defined below) subleased pursuant to this Sublease. Sublessee shall not commit nor permit to be committed on the Premises any act or omission which shall violate any term or condition of the same are Master Lease. In the obligation event of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorneys' fees and costs, arising out the termination of Sublessor's failure to do so. Upon interest as tenant under the Master Lease for any termination of the Leasereason, this Sublease shall terminate concurrently coincidentally therewith except as otherwise provided in the Consent of Landlord to Sublease and without any liability of Sublessor to Sublessee; provided. In case of any default hereof by Sublessee, Sublessor shall have all rights against Sublessee as would be available to Landlord against the tenant under the Master Lease if such default were by the tenant thereunder. Sublessee acknowledges that it has read and understands the Master Lease. Notwithstanding anything contained herein to the contrary, Sublessor does not by this Sublease promise or agree to perform any obligation undertaken or assumed by Landlord under the Master Lease. Sublessor will, however, that a Lease termination due to use Sublessor's default of reasonable efforts to obtain performance by Landlord for Sublessee's benefit under the Master Lease. If Landlord does not perform its obligations under the Lease or this SubleaseMaster Lease, Sublessee shall be subject entitled to pursue all remedies against Landlord which are available to the indemnification set forth above. Sublessor shall not enter into any amendment or modification of tenant under the Lease without the consent of Sublessee, nor shall Sublessor consent to a termination of the Lease or exercise any option to terminate the Lease that it may have, or surrender the Master Lease, without the prior written consent of and Sublessor agrees to reasonably cooperate with Sublessee which will not unreasonably be withheld (and except as may be specifically permitted by this Sublease)in any such action.

PROVISIONS CONSTITUTING SUBLEASE. 5.1 This Sublease is and at all times shall be subject and subordinate to the Lease. Sublessee shall take no action which would cause Sublessor to be in default of its obligations under the Lease, and Sublessee shall perform all of its obligations under this Sublease, and Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to do so. Sublessor shall fully perform all of its obligations under the Lease (except to the extent any of the same are the obligation of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorneys' fees and costs, arising out of Sublessor's failure to do so. Upon any termination of the Lease, this Sublease shall terminate concurrently therewith except as otherwise provided in the Consent of Landlord to Sublease and without any liability of Sublessor to Sublessee; provided, however, that a Lease termination due to Sublessor's default of its obligations under the Lease or this Sublease, shall be subject to the indemnification set forth above. Sublessor shall not enter into any amendment or modification of the Lease without the consent of Sublessee, nor shall Sublessor consent to a termination of the Lease or exercise any option to terminate the Lease that it may have, or surrender the Lease, without the prior written consent of Sublessee which will not unreasonably be withheld (and except as may be specifically permitted by this Sublease).and

PROVISIONS CONSTITUTING SUBLEASE. 5.1 This Sublease is and at all times shall be subject and subordinate to the LeaseMaster Lease and the LSI Sublease. Sublessee shall take no action which would cause Sublessor to be in default of its obligations under the LeaseLSI Sublease, and Sublessee shall perform all of its obligations under this Sublease, and Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to do so. Sublessor shall fully perform all of its obligations under the Lease LSI Sublease (except to the extent any of the same are the obligation of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expensesexpense, including reasonable attorneys' fees and costs, arising out of Sublessor's failure to do so. Upon any termination of the LeaseMaster Lease or the LSI Sublease, this Sublease shall terminate concurrently therewith except as otherwise provided in the Consent of Landlord to Sublease and without any liability of Sublessor to Sublessee; provided, however, that a Lease termination due to Sublessor's default of its obligations under the Lease LSI Sublease or this Sublease, shall be subject to the indemnification set forth above. Sublessor shall not enter into any amendment or modification of the Lease LSI Sublease without the consent of Sublessee, nor shall Sublessor consent to a termination of the Lease LSI Sublease or exercise any option to terminate the Lease LSI Sublease that it may have, or surrender the LeaseLSI Sublease, without the prior written consent of Sublessee which will not unreasonably be withheld (and except as may be specifically permitted by this Sublease).

PROVISIONS CONSTITUTING SUBLEASE. 5.1 This Sublease is and at all times shall be subject to and subordinate to all the Leaseterms and conditions of the Master Lease (a copy of which is attached hereto as Exhibit" B") and to the matters to which the Master Lease is subordinate, to the extent not inconsistent with the provisions of this Sublease. Sublessee As pertains to the Sublet Premises, the provisions of the Master Lease are incorporated herein by reference with the same force and effect as if they were fully set forth herein. but specifically excluding the following Paragraphs or Sections: Section 1 and Section 8. Notwithstanding the foregoing, any inconsistencies between the terms of this Sublease and the Master Lease which shall take no action which result from the foregoing incorporation shall be resolved in favor of this Sublease, provided, however. that if construction of terms would cause Sublessor Sub landlord to be in default of its obligations under the terms of the Master Lease, then any inconsistency shall be resolved in favor of the Master Lease. As pertains to the Sublet Premises, Subtenant does hereby assume and Sublessee shall does hereby agree to perform all of its obligations under this SubleaseSublandlord's obligations, and Sublessee shall indemnify and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of Sublessee's failure to do so. Sublessor shall fully perform all of its obligations as Tenant under the Master Lease. Each reference in the Master Lease (except to "Landlord" and "Tenant" shall be read as referring to "Sublandlord” and "Subtenant", respectively, in this regard. In the extent any event of the same are the obligation of Sublessee hereunder) and shall indemnify and hold Sublessee harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorneys' fees and costs, arising out of Sublessor's failure to do so. Upon any termination of Sublandlord's interest as Tenant under the LeaseMaster Lease for any reason, then this Sublease shall terminate concurrently therewith except as otherwise provided in the Consent of Landlord to Sublease and without any liability of Sublessor Sublandlord to Sublessee; provided, however, that a Lease termination due to SublessorSubtenant. Subtenant shall in no event have any rights under this Sublease greater than Sublandlord's default of its obligations rights as tenant under the Lease or this Sublease, shall be subject to the indemnification set forth above. Sublessor shall not enter into any amendment or modification of the Lease without the consent of Sublessee, nor shall Sublessor consent to a termination of the Lease or exercise any option to terminate the Lease that it may have, or surrender the Master Lease, without the prior written consent of Sublessee which will not unreasonably be withheld (and except as may be specifically permitted by this Sublease).