Common use of PROVISIONS CONSTITUTING SUBLEASE Clause in Contracts

PROVISIONS CONSTITUTING SUBLEASE. All of the terms and conditions contained in the Master Lease and First Amendment are hereby incorporated into this Sublease by reference and made a part of this Sublease as though set forth in full herein, except for (A) the following provisions of the Master Lease: the Summary of Basic Lease Information, except where and to the extent specifically referenced herein, the phrase “as set forth in Section 2.2 of the Summary” in Section 1.2 (which shall instead be deemed to be “eighty-seven thousand six hundred eight (87,608) rentable square feet”), Section 1.3, Section 1.4, the second (2nd) sentence of Section 2.1, Section 2.2, the first (1st) sentence of Section 3.1, Section 3.2, Section 4.6, the phrase “or subject to reasonable and equitable allocation by Landlord amongst Tenant and any other tenant(s) of the 130 Building” in Section 6.1.2(2), Section 6.4 (only with respect to parenthetical which reads as follows: “(subject to the application of the Tenant Improvement Allowance, as that term is defined in Section 2.1 of the Tenant Work Letter, to the extent permitted by the Tenant Work Letter)”), Section 6.5.1 (only with respect to the words “or deducted from the Tenant Improvement Allowance pursuant to the terms of the Work Letter”), clause (iv) of the penultimate sentence of Section 8.1 (which instead shall be deemed to be “(iv) cost more than Eighty Thousand and 00/100 Dollars ($80,000.00) for a particular job of work per Lease Year and do not exceed more than Five Hundred Sixty Thousand and 00/100 Dollars ($560,000) throughout the entire Lease Term”, the first (1st) sentence of Section 18.1, Article 23 (only with respect to signage on the exterior of the 130 Building), Section 24.4, the phrase “the amount of unreserved parking passes set forth in Section 9 of the Summary” in the first sentence of Article 28 (which shall instead be deemed to be “three hundred twenty-four (324) unreserved parking spaces”), the sixth (6th) and seventh (7th) sentences of Article 28, the second (2nd) sentence of Section 29.2, Section 29.18, Section 29.24, and (B) Exhibit X-0, Xxxxxxx X-0, Exhibit B (and all references in the Master Lease to the Tenant Work Letter), Exhibit F, Exhibit J, Exhibit K attached to the Master Lease, and (C) the entire First Amendment, all of which provisions and exhibits are hereby expressly excluded from the incorporation by reference effected pursuant to this grammatical paragraph above.

PROVISIONS CONSTITUTING SUBLEASE. All of the terms and conditions contained in the Master Lease and First Amendment are hereby incorporated into this Sublease by reference and made a part of this Sublease as though set forth in full herein, except for (A) the following provisions of the Master Lease: the Summary of Basic Lease Information, except where Provisions and all references to the extent specifically referenced hereinSummary in the Lease, the first (1st) sentence of Section 1.1.2, the phrase “as set forth in Section 2.2 of the Summary” in Section 1.2 (which shall instead be deemed to be “eighty-seven thousand six hundred eight (87,608) 8,091 rentable square feet”), Section 1.3, Section 1.4, the second (2nd) sentence and fifth (5th) through eighth (8th) sentences, inclusive, of Section 2.1, Section 2.2, the first (1st) sentence of Section 3.1, Section 3.2, Section 4.63, the phrase “or subject to reasonable and equitable allocation by Landlord amongst Tenant and any other tenant(s) set forth in Section 7 of the 130 BuildingSummary” in Section 6.1.2(25.1, Section 5.3.1.1 (with respect to any obligation to complete and deliver an Environmental Questionnaire unless required by Master Landlord), Section 6.4 5.3.1.4.3, Section 5.3.7 (only with respect except that Sublandlord agrees to parenthetical which reads as follows: “(subject deliver or make available to Subtenant, without representation or warranty, any and all laboratory and/or Hazardous Materials reports, including Hazardous Materials closure reports, if any, Sublandlord receives from Master Landlord unless Sublandlord is precluded from delivering or making available the application of the Tenant Improvement Allowance, as that term is defined in Section 2.1 of the Tenant Work Letter, same to the extent permitted Subtenant due to any confidentiality obligation imposed on Sublandlord by the Tenant Work Letter)”Master Landlord), Section 6.5.1 (only with respect to the words “or deducted from the Tenant Improvement Allowance pursuant to the terms of the Work Letter”)7.5, clause (iv) of the penultimate sentence of Section 8.1 8.1, Article 14 (which instead shall be deemed to be “except for the first (iv1st) cost more than Eighty Thousand and 00/100 Dollars ($80,000.00) for a particular job sentence of work per Lease Year and do not exceed more than Five Hundred Sixty Thousand and 00/100 Dollars ($560,000) throughout the entire Lease Term”Section 14.1), the first (1st) sentence of Section 18.118, the phrase “set forth in Section 8 of the Summary” in Section 21 (which shall instead be deemed to be “of $44,662.32”), Article 23 (only with respect to signage on the exterior of the 130 Building), Section 24.423, the phrase “the amount of unreserved parking passes set forth in Section 9 of the Summary” in the first sentence of Article 28 (which shall instead be deemed to be “three hundred twenty-four (32424) unreserved parking spaces”), the sixth (6th) and seventh (7th) sentences of Article 28, the second (2nd) sentence of Section 29.229.13, Section 29.18, Section 29.24, Section 29.32, and (B) Exhibit X-0, Xxxxxxx X-0A, Exhibit B (and all references in the Master Lease to the Tenant Work Letter), Exhibit F, Exhibit J, Exhibit K attached to the Master Lease, and (C) the entire First Amendment, all of which provisions and exhibits are hereby expressly excluded from the incorporation by reference effected pursuant to this grammatical paragraph above.

PROVISIONS CONSTITUTING SUBLEASE. All of the terms and conditions -------------------------------- contained in the Master Lease and First Amendment are hereby incorporated into this Sublease by reference and made a part of this Sublease as though set forth in full herein, except for the recitals, ---------- Paragraphs 1, 2, 3 (Aexcept for the last paragraph of Paragraph 3(b) the following provisions of the Master Lease: the Summary of Basic Lease Informationdealing with late charges, except where and which Subject to the extent specifically referenced Paragraph 5.2 hereof is incorporated herein, the phrase “as set forth in Section 2.2 of the Summary” in Section 1.2 (which shall instead be deemed to be “eighty-seven thousand six hundred eight (87,608) rentable square feet”), Section 1.3, Section 1.4, the second (2nd) sentence of Section 2.1, Section 2.24 and 6, the first (1st) sentence paragraph of Section 3.1Xxxxxxxxx 0, Section 3.2, Section 4.6, the phrase “or subject to reasonable and equitable allocation by Landlord amongst Tenant and any other tenant(s) of the 130 Building” in Section 6.1.2(2Xxxxxxxxx 00(x), Section 6.4 Xxxxxxxxx 18(c), Paragraphs 25, 28, 38, 39, 41(e) (only other than the first sentence thereof, which is incorporated herein), 42, and 44, and the First Amendment to Second Lease, -- the Second Amendment to Second Lease, and the Third Amendment to Second Lease, copies of which are attached hereto as part of Exhibit A. For purposes of this --------- Sublease, with respect to parenthetical which reads as follows: “(subject to the application of the Tenant Improvement Allowance, as that term is defined in Section 2.1 of the Tenant Work Letter, to the extent permitted by the Tenant Work Letter)”), Section 6.5.1 (only with respect to the words “or deducted those paragraphs incorporated from the Tenant Improvement Allowance pursuant Lease, all references to the terms of the Work Letter”), clause (iv) of the penultimate sentence of Section 8.1 (which instead "Lessor" and "Lessee" shall be deemed to be “(iv) cost more than Eighty Thousand references to "Sublessor" and 00/100 Dollars ($80,000.00) for a particular job of work per Lease Year and do not exceed more than Five Hundred Sixty Thousand and 00/100 Dollars ($560,000) throughout "Sublessee," respectively; all references to the entire Lease Term”, the first (1st) sentence of Section 18.1, Article 23 (only with respect to signage on the exterior of the 130 Building), Section 24.4, the phrase “the amount of unreserved parking passes set forth in Section 9 of the Summary” in the first sentence of Article 28 (which "Lease" shall instead be deemed to be “three hundred twenty-four (324) unreserved parking spaces”)references to this "Sublease;" all references to the "Premises," the "premises," "said premises," and "leased premises" shall be deemed to be references to the "Premises" as defined in this Sublease; all references to the "property," "real property," and "Property" herein or in the Lease shall be deemed to be references to the Second Property, the sixth (6th) and seventh (7th) sentences of Article 28, the second (2nd) sentence of Section 29.2, Section 29.18, Section 29.24, and (B) Exhibit X-0, Xxxxxxx X-0, Exhibit B (as defined herein; and all references herein and in the Master Lease to the Tenant Work Letter), Exhibit F, Exhibit J, Exhibit K attached "building" shall be references to the Master building in which the Premises are located. In addition, Paragraphs 11, 13, 17, 22, 24, 26, 32, 33, 35, and 36 of the Lease are not incorporated herein and have been replaced and superseded by, respectively, Paragraphs 20, 21, 18, 13, 22, 23, 10, 12, 11, and 12 hereof. Those provisions incorporated into this Sublease from the Lease, together with the provisions set forth in this Sublease, shall be the complete terms and (C) conditions of the entire First AmendmentSublease. Unless otherwise defined herein, all capitalized terms used in this Sublease shall have the meanings ascribed to them in the Lease. In the event of which provisions any inconsistency between the terms and exhibits are hereby expressly excluded from conditions of the incorporation by reference effected pursuant to Lease and the terms and conditions of this grammatical paragraph aboveSublease, the terms and conditions of this Sublease shall prevail.