Sublandlord. Sublandlord will continue to comply with the terms of the Master Lease that are not otherwise the responsibility of Subtenant under the terms of this Sublease. Sublandlord will indemnify, defend, protect and hold Subtenant harmless from and against any loss, cost, damage or liability (including reasonable attorneys’ fees) arising out of, by reason of, or resulting from, Sublandlord’s negligence or failure to perform or observe any of the terms and conditions of the Master Lease, except (i) to the extent that such occurrence is attributable, in whole or in part, to any negligent act or omission /of Subtenant, its agents, employees or contractors or (ii) if such failure to perform by Sublandlord is a direct result of Subtenant’s failure to perform its obligations under this Sublease.
Sublandlord. Notwithstanding any other term or provision of this Sublease, the liability of Sublandlord to Subtenant for any default in Sublandlord’s obligations under this Sublease shall be limited to actual, direct damages, and under no circumstances shall Subtenant, its partners, members, shareholders, directors, agents, officers, employees, contractors, sublessees, successors and/or assigns be entitled to recover from Sublandlord (or otherwise be indemnified by Sublandlord) for (a) any losses, costs, claims, causes of action, damages or other liability incurred in connection with a failure of Landlord, its partners, members, shareholders, directors, agents, officers, employees, contractors, successors and /or assigns to perform or cause to be performed Landlord’s obligations under the Master Lease, (b) lost revenues, lost profit or other consequential, special or punitive damages arising in connection with this Sublease for any reason, or (c) any damages or other liability arising from or incurred in connection with the condition of the Subleased Premises or suitability of the Subleased Premises for Subtenant’s intended uses. Subtenant shall, however, have the right to seek any injunctive or other equitable remedies as may be available to Subtenant under applicable law. Notwithstanding any other term or provision of this Sublease, no personal liability shall at any time be asserted or enforceable against Sublandlord’s shareholders, directors, officers, or partners on account of any of Sublandlord’s obligations or actions under this Sublease. In the event of any assignment or transfer of the Sublandlord’s interest under this Sublease, which assignment or transfer may occur at any time during the Sublease Term in Sublandlord’s sole discretion, Sublandlord shall be and hereby is entirely relieved of all covenants and obligations of Sublandlord hereunder accruing subsequent to the date of the transfer and it shall be deemed and construed, without further agreement between the parties hereto, that any transferee has assumed and shall carry out all covenants and obligations thereafter to be performed by Sublandlord hereunder; provided that Sublandlord transfers and delivers any then existing Security Deposit or Letter of Credit to the transferee of Sublandlord’s interest in this Sublease, and thereupon Sublandlord shall be discharged from any further liability with respect thereto.
Sublandlord. CORPORATE HEALTH CARE FINANCING, INC., t/a PERFORMAX /s/ Xxx Xxxxxxxx By: [illegible] (SEAL) ATTEST: SUBTENANT: KP SPORTS, INC. d/b/a UNDER ARMOUR PERFORMANCE APPAREL /s/ X. Xxxxx By: /s/ J. Xxxxx Xxxxx (SEAL) J. Xxxxx Xxxxx Chief Administrative Officer Hull Point, LLC, the named Prime Landlord herein, signs this Agreement of Sublease in satisfaction of the contingencies set forth in Section 16 herein, (a) to evidence Prime Landlord’s approval of Sublandlord’s subleasing the Subleased Premises to named Subtenant herein upon all of the terms contained in this Sublease Agreement, (b) to acknowledge Prime Landlord’s obligation to perform the Bridge Work as set forth in Section 8 herein, (c) to acknowledge Subtenant shall have the right (but not be obligated to) to cure any and/or all of Sublandlord’s defaults under the Prime Lease, (it being agreed that for monetary defaults the cure period shall be ten (10) days from Subtenant’s receipt from Prime Landlord of written notice of default and for non-monetary defaults the cure period shall be thirty (30) days from Subtenant’s receipt from Prime Landlord of written notice of default) and (d) to acknowledge that, in the event of a termination of the Prime Lease, Prime Landlord agrees to enter into a new lease with Subtenant on the form of office lease as previously executed by Prime Landlord and Subtenant on March 29, 2002, upon substantially the same terms and conditions contained herein, provided however, that, (i) notwithstanding the rental rates set forth in the Sublease, the rental rates in the new lease shall be the same as the rental rates established pursuant to the Prime Lease, (ii) the Base Year for Base Operating Costs in the new lease shall be the calendar year 2002 as set forth in the Prime Lease, and (iii) the notice periods in the new lease for exercising the Sublease Renewal Option and the Entire Premises Renewal Option as set forth in Section 15 of the Sublease shall be nine (9) months. Sublandlord shall remain liable for the performance of all obligations arising under the Prime Lease until the termination thereof.
Sublandlord. To Sublandlord as follows: Applied Materials, Inc. Global Real Estate and Facilities 3050 Xxxxxx Xxxxxx, M/S 2961 Santx Xxxxx, Xxxxxxxxxx 00000 Attention: Real Estate Manager or to such other person at such other address as Sublandlord may designate by notice to Subtenant.
Sublandlord. Sublandlord will perform all of the obligations of the tenant pursuant to the Prime Lease, except those undertaken by Subtenant pursuant to this Sublease, and will indemnify Subtenant from any failure of Sublandlord to do so.
Sublandlord. If Subtenant defaults in the performance of any of the provisions of this Sublease or of the Prime Lease, or of any other agreement between Sublandlord and Subtenant concerning the American Tobacco Complex, as such term is defined in the Prime Lease, Sublandlord shall be entitled to terminate this Sublease, to exercise any and all of the rights and remedies to which it is entitled at law or in equity, and to exercise all of the following: (i) inactivate Subtenant’s access cards for the Spaces; (ii) terminate this Sublease by sending written notice thereof to Subtenant; and (iii) pursue a cause of action against Subtenant for any sums or other liabilities owed to Sublandlord hereunder.
Sublandlord. The term “Sublandlord” as used in this Agreement means only the tenant under the Prime Lease at the time in question, so that if the Prime Lease shall be assigned, such assignor shall be thereupon released and discharged from all covenants, conditions and agreements of Sublandlord hereunder, but such covenants, conditions and agreements shall be binding upon each successor assignee until thereafter assigned.
Sublandlord. SUBTENANT: MOVADO GROUP, INC. NATIONAL FINANCIAL SERVICES LLC A New York corporation A Delaware limited liability company By:/s/ Rick Cote By:/s/ Jeffrey S. Wallace Its: Exec. VP/XXX Its:Vice Presixxxx & Xxxxx Xxxxxcial Officer
Sublandlord. Trillium Digital Systems Canada, Ltd.
Sublandlord. LIGHTSPAN -------------------------- a -------------------------- By: /s/ Michxxxx Xxxx -------------------- Name: Michxxxx Xxxx -------------------- Title: VP Finance -------------------- Dated: 1/15/98 -------------------- SUBTENANT QUALXXXX XXXXXXXXXXXX --------------------------- a Delaware Corporation --------------------------- By: /s/ T.C. Xxxxxxxx -------------------- Name: Thomxx X. Xxxxxxxx -------------------- Title: VP, Facilities -------------------- Dated: Jan. 15, 1998 -------------------- 14 FIRST AMENDMENT TO SUBLEASE THIS FIRST AMENDMENT TO SUBLEASE ("First Amendment") is made as of August 21, 1998 by and between QUALXXXX XXXXXXXXXXXX, x Delaware corporation ("Sublessee") and THE LIGHTSPAN PARTNERSHIP, INC., a California corporation ("Sublessor") with respect to the following:
