Subordination to Lease. Except to the extent contradictory with the terms of this Sublease, this Sublease shall be subject to and on all of the terms and conditions as are contained in the Lease and the provisions of the Lease are hereby incorporated into this Sublease as if Sublessor were the lessor thereunder and Sublessee the lessee thereunder. Where appropriate, references to “Landlord” in the Lease shall be deemed to mean “Sublessor” hereunder and references to “Tenant” in the Lease shall be deemed to mean “Sublessee” hereunder, it being understood and agreed that Sublessor will not be acting as, or assuming any of the responsibilities of, Landlord, and all references in the Lease to Landlord-provided services or Landlord insurance requirements, and any other references which by their nature relate to the owner or operator of the Building, rather than to a tenant of the Building subleasing space to a subtenant, shall continue to be references to Landlord and not to Sublessor. This Sublease is in all respects subject and subordinate to the provisions of the Lease and shall automatically terminate upon termination of the Lease for any reason whatsoever. Sublessee covenants and agrees that during the term of this Sublease and for such further time as Sublessee may occupy the Subleased Premises, Sublessee will perform and observe all of the obligations of Sublessor under the Lease (other than payment of Rent which shall be as set forth in this Sublease), to the extent relating to the Subleased Premises, arising and/or occurring from and after the Commencement Date hereof, as fully and as effectually as though Sublessee had been originally named therein as Tenant, and will indemnify and save Sublessor harmless from any loss, cost, liability, damage, or expense, including, without limitation, reasonable attorneys’ fees, that Sublessor may suffer or incur by reason of the failure of Sublessee so to do. Notwithstanding any contrary provision of the Lease or this Sublease, the following definitions in the Lease: Execution Date, Premises Rentable Area, Term Commencement Date, Rent Commencement Date, Expiration Date, Early Access Period, Yearly Fixed Rent and Monthly Payment, Extension Term Yearly Fixed Rent, Pro Rata Share, Security Deposit, Extension Term and Brokers; Sections 12.B, 22, 23, 25, 32(L), 33 and 35; and Exhibits A, A-1, B and D of the Lease are not incorporated as provisions of this Sublease. In addition, Section 24 of the Lease is incorporated by reference, except that Sublessee’s recourse as against Sublessor shall not be limited to Sublessor’s interest in the Property.
Appears in 2 contracts
Subordination to Lease. Except to the extent contradictory with the terms of this Sublease, this Sublease shall be subject to and on all of the terms and conditions as are contained in the Lease and the provisions of the Lease are hereby incorporated into this Sublease as if Sublessor were the lessor thereunder and Sublessee the lessee thereunder. Where appropriate, references to “Landlord” in the Lease shall be deemed to mean “Sublessor” hereunder and references to “Tenant” in the Lease shall be deemed to mean “Sublessee” hereunder, it being understood and agreed that Sublessor will not be acting as, or assuming any of the responsibilities of, Landlord, and all references in the Lease to Landlord-provided services or Landlord insurance requirements, and any other references which by their nature relate to the owner or operator of the Building, rather than to a tenant of the Building subleasing space to a subtenant, shall continue to be references to Landlord and not to Sublessor. (a) This Sublease is in all respects subject and subordinate to the provisions terms and conditions of the Lease and Sublandlord does not purport to convey, and Subtenant does not hereby take, any greater rights in the Sublease Premises than those accorded to or taken by Sublandlord as tenant under the Lease, and Subtenant shall automatically terminate upon take subject to all rights of Landlord under the Lease. Additionally, the terms of Section 16.7 of the Lease are incorporated herein by reference, and Sublandlord and Subtenant agree to comply with the terms and conditions thereof notwithstanding anything in this Sublease to the contrary. Subtenant shall not cause a default under the Lease or permit its employees, agents, contractors or invitees to cause a default under the Lease. If the Lease terminates before the end of the Sublease Term due to the direct actions of the Sublandlord, Sublandlord shall be liable to Subtenant for only out-of-pocket direct moving expenses associated with moving Subtenant to new space within the State of New Jersey; provided however, that, notwithstanding the foregoing, Sublandlord shall remain liable to Subtenant for out-of-pocket direct damages arising out of any willful termination of the Lease for by Sublandlord or any reason whatsoever. Sublessee covenants and agrees that during the term of this Sublease and for such further time as Sublessee may occupy the Subleased Premises, Sublessee will perform and observe all of the obligations of Sublessor under the Lease (other than payment of Rent which shall be as set forth in this Sublease), to the extent relating to the Subleased Premises, arising and/or occurring from and after the Commencement Date hereof, as fully and as effectually as though Sublessee had been originally named therein as Tenant, and will indemnify and save Sublessor harmless from any loss, cost, liability, damage, or expense, including, without limitation, reasonable attorneys’ fees, that Sublessor may suffer or incur by reason of the failure of Sublessee so to do. Notwithstanding any contrary provision termination of the Lease resulting from an Event of Default by Sublandlord (unless such Event of Default is directly caused by, or this Subleaseis indirectly caused by a material act or omission of, the following definitions Subtenant) and in the Lease: Execution Date, Premises Rentable Area, Term Commencement Date, Rent Commencement Date, Expiration Date, Early Access Period, Yearly Fixed Rent and Monthly Payment, Extension Term Yearly Fixed Rent, Pro Rata Share, Security Deposit, Extension Term and Brokers; Sections 12.B, 22, 23, 25, 32(L), 33 and 35; and Exhibits A, A-1, B and D of the Lease are not incorporated as provisions of this Sublease. In addition, Section 24 of the Lease is incorporated by reference, except that Sublessee’s recourse as against Sublessor no event shall not Sublandlord be limited to Sublessor’s interest in the Propertyliable for consequential damages.
Appears in 1 contract
Subordination to Lease. Except Each Sublease (and the rights of Sublessee thereunder, including, without limitation, any options to the extent contradictory with the terms of this extend granted therein) and any other documents, instruments or understandings between Lessee and Sublessee relative to any Sublease, this Sublease any Subleased Premises and/or the operation thereof, shall be subject and subordinate to and on all of the terms and conditions as are contained in the Lease and the provisions of the Lease are hereby incorporated into this Sublease as if Sublessor were the lessor thereunder and Sublessee the lessee thereunder. Where appropriate, references to “Landlord” in the Lease shall be deemed to mean “Sublessor” hereunder and references to “Tenant” in the Lease shall be deemed to mean “Sublessee” hereunder, it being understood and agreed that Sublessor will not be acting as, or assuming any of the responsibilities of, Landlord, and all references in the Lease to Landlord-provided services or Landlord insurance requirements, and any other references which by their nature relate to the owner or operator of the Building, rather than to a tenant of the Building subleasing space to a subtenant, shall continue to be references to Landlord and not to Sublessor. This Sublease is in all respects subject and subordinate to the provisions of the Lease and shall automatically terminate upon termination of the Lease for any reason whatsoever. Sublessee covenants and agrees that during the term of this Sublease and for such further time as Sublessee may occupy the Subleased Premises, Sublessee will perform and observe all of the obligations of Sublessor under the Lease (other than payment of Rent which shall be as set forth in this Sublease), to the extent relating to the Subleased Premises, arising and/or occurring from and after the Commencement Date hereof, as fully and as effectually as though Sublessee had been originally named therein as Tenant, and will indemnify and save Sublessor harmless from any loss, cost, liability, damage, or expenseLease, including, without limitation, reasonable attorneys’ feesthose governing proposed improvements, that Sublessor may suffer or incur alterations, insurance, security interests in favor of Lessor granted by reason Lessee under the Lease (including, without limitation Section 16.9 thereof), casualty and Condemnation. Without limiting the foregoing, nothing contained herein shall (i) bind Lessor to any of the failure terms, conditions or covenants of any Sublease or (ii) be deemed Lessor's consent or agreement to any change or modification to the Lease. Each of Lessee and Sublessee so acknowledges that (A) it has reviewed the Lease, (B) certain provisions of the Subleases are or may be in conflict with provisions of the Lease and that in the event of any conflict, as between Lessor and the other parties hereto, the terms of the Lease shall control, and (C) neither Lessor's acknowledgement to doany Sublease nor this Agreement constitutes Lessor's acceptance of any modification of the Lease. Notwithstanding Nothing contained in this Agreement shall constitute an express or implied waiver by Lessor of any contrary provision rights or benefits that it is entitled to under the Lease. In addition, and without limiting the foregoing, each of Lessee and Sublessee further acknowledges and agrees that, except as provided in Section 2(c) below, Sublessee shall not have any right to occupy or otherwise use any Subleased Premises (or the Personal Property thereat) following the expiration of the Term of the Lease or this Sublease, the following definitions in the Lease: Execution Date, Premises Rentable Area, Term Commencement Date, Rent Commencement Date, Expiration Date, Early Access Period, Yearly Fixed Rent and Monthly Payment, Extension Term Yearly Fixed Rent, Pro Rata Share, Security Deposit, Extension Term and Brokers; Sections 12.B, 22, 23, 25, 32(L), 33 and 35; and Exhibits A, A-1, B and D any earlier termination of the Lease are not incorporated as provisions with respect to such Subleased Premises, including, without limitation, any termination by reason of this Sublease. In addition(w) an Event of Default, Section 24 of (x) any damage or destruction, (y) a Condemnation, or (z) the Lease is incorporated mutual termination thereof by reference, except that Sublessee’s recourse as against Sublessor shall not be limited to Sublessor’s interest in the PropertyLessee and Lessor.”
Appears in 1 contract
Subordination to Lease. Except Each Sublease (and the rights of Sublessee thereunder, including, without limitation, any options to the extent contradictory with the terms of this extend granted therein) and any other documents, instruments or understandings between Lessee and Sublessee relative to any Sublease, this Sublease any Subleased Premises and/or the operation thereof, shall be subject and subordinate to and on all of the terms and conditions as are contained in the Lease and the provisions of the Lease are hereby incorporated into this Sublease as if Sublessor were the lessor thereunder and Sublessee the lessee thereunder. Where appropriate, references to “Landlord” in the Lease shall be deemed to mean “Sublessor” hereunder and references to “Tenant” in the Lease shall be deemed to mean “Sublessee” hereunder, it being understood and agreed that Sublessor will not be acting as, or assuming any of the responsibilities of, Landlord, and all references in the Lease to Landlord-provided services or Landlord insurance requirements, and any other references which by their nature relate to the owner or operator of the Building, rather than to a tenant of the Building subleasing space to a subtenant, shall continue to be references to Landlord and not to Sublessor. This Sublease is in all respects subject and subordinate to the provisions of the Lease and shall automatically terminate upon termination of the Lease for any reason whatsoever. Sublessee covenants and agrees that during the term of this Sublease and for such further time as Sublessee may occupy the Subleased Premises, Sublessee will perform and observe all of the obligations of Sublessor under the Lease (other than payment of Rent which shall be as set forth in this Sublease), to the extent relating to the Subleased Premises, arising and/or occurring from and after the Commencement Date hereof, as fully and as effectually as though Sublessee had been originally named therein as Tenant, and will indemnify and save Sublessor harmless from any loss, cost, liability, damage, or expenseLease, including, without limitation, reasonable attorneys’ feesthose governing proposed improvements, that Sublessor may suffer or incur by reason alterations, insurance, casualty and Condemnation. Without limiting the foregoing, nothing contained herein shall (i) bind Lessor to any of the failure terms, conditions or covenants of any Sublease or (ii) be deemed Lessor's consent or agreement to any change or modification to the Lease. Each of Lessee and Sublessee so acknowledges that (A) it has reviewed the Lease, (B) certain provisions of the Subleases are or may be in conflict with provisions of the Lease and that in the event of any conflict, as between Lessor and the other parties hereto, the terms of the Lease shall control, and (C) neither Lessor's acknowledgement to doany Sublease nor this Agreement constitutes Lessor's acceptance of any modification of the Lease. Notwithstanding Nothing contained in this Agreement shall constitute an express or implied waiver by Lessor of any contrary provision rights or benefits that it is entitled to under the Lease. In addition, and without limiting the foregoing, each of Lessee and Sublessee further acknowledges and agrees that, except as provided in Section 2(c) below, Sublessee shall not have any right to occupy or otherwise use any Subleased Premises following the expiration of the Term of the Lease or this Sublease, the following definitions in the Lease: Execution Date, Premises Rentable Area, Term Commencement Date, Rent Commencement Date, Expiration Date, Early Access Period, Yearly Fixed Rent and Monthly Payment, Extension Term Yearly Fixed Rent, Pro Rata Share, Security Deposit, Extension Term and Brokers; Sections 12.B, 22, 23, 25, 32(L), 33 and 35; and Exhibits A, A-1, B and D any earlier termination of the Lease are not incorporated as provisions with respect to such Subleased Premises, including, without limitation, any termination by reason of this Sublease. In addition(w) an Event of Default, Section 24 of (x) any damage or destruction, (y) a Condemnation, or (z) the Lease is incorporated mutual termination thereof by reference, except that Sublessee’s recourse as against Sublessor shall not be limited to Sublessor’s interest in the PropertyLessee and Lessor.
Appears in 1 contract
