Common use of Unit 4 Clause in Contracts

Unit 4. (a) It is hereby acknowledged by the parties hereto that Tenant, through its wholly-owned subsidiary, Wescom Solutions Inc., is currently the occupant of Unit 4 pursuant to the provisions of a sub-sublease agreement (“Sub-sublease”) with Accredited Processing Services Inc. (“Subtenant”) for a term which expires February 26, 2010, two (2) days prior to the Unit 4 Commencement Date (such two (2) day period being hereinafter referred to as the “Reversionary Period”), to which Landlord granted its consent pursuant to a consent agreement between Landlord, Tenant, Subtenant, Accredited Home Lenders Holding Co., Inc. (“Indemnifier”) and Yellow Pages Inc., successor to Verizon Information Services (Canada) Inc. (“Head Tenant”) and dated April 25, 2008 (“Sub-sublease Consent”). (b) It is hereby acknowledged by the parties hereto that Subtenant is currently the sub-landlord of Unit 4 pursuant to the provisions of a sublease agreement (“Sublease”) with Head Tenant for a term which expires February 27, 2010, to which Landlord granted its consent pursuant to a consent agreement between Landlord, Sub Tenant, Indemnifier and Head Tenant and dated November 25, 2005 (“Sublease Consent”). (c) During the Reversionary Period, when the Sub-sublease has expired but Head Tenant continues to be the head tenant of Unit 4 pursuant to the provisions of its lease for Unit 4 with Landlord dated September 9, 2002 (“Head Lease”), Tenant will be required to obtain the written consent of Subtenant and Head Tenant to allow Tenant to continue to remain in occupancy and possession of Unit 4. Landlord hereby consents to such continued occupancy and possession of Unit 4 by Tenant during the Reversionary Period. For greater certainty, during the Reversionary Period, all of the terms of the Head Lease shall continue to govern with respect to Unit 4. (d) In the event that Landlord terminates either the Sublease or Head Lease as a result of the default by Subtenant or Head Tenant, as the case may be, or in the event that the Sublease or Head Lease is otherwise disclaimed or repudiated as a result of the bankruptcy or insolvency of Subtenant or Head Tenant, as the case may be, notwithstanding anything contained in the Sublease, Head Lease, Sublease Consent or the Sub-sublease Consent to the contrary, Tenant shall be entitled to remain in possession of ▇▇▇▇ ▇ and the Unit 4 Commencement Date of the Lease shall be advanced to be the date of termination, disclaimer or repudiation of the Sublease or Head Lease, as the case may be, without affecting the Expiry Date. (e) In the event that Landlord terminates the Sub-sublease Consent as a result of the default by Tenant, as Sub-subtenant thereunder (in its capacity as sub-subtenant) or in the event that the Sub-sublease is otherwise disclaimed or repudiated as a result of the bankruptcy or insolvency of Tenant (in its capacity as sub-subtenant), notwithstanding anything contained herein to the contrary, at Landlord’s option and in addition to any other rights accorded to Landlord hereunder or at law, Landlord shall be entitled to terminate this Offer and the Lease with respect to the whole of the Premises or with respect to ▇▇▇▇ ▇ only, at Landlord’s option, to be executed effective as at the date of such termination, disclaimer or repudiation of the Sub-sublease, as the case may be, and all amounts otherwise due and payable hereunder, or under the Lease, shall immediately become due and payable to Landlord. (f) Tenant acknowledges and confirms that: (i) it has good right, full power and authority to enter into the Lease for Unit 4 in the manner as aforesaid; (ii) it has not executed, nor will it execute, any agreement with Head Tenant or the Subtenant to extend the term of the Head Lease or Sub-sublease (which is the subject of the Sublease Consent), as the case may be, or otherwise enter into any agreement with Head Tenant or Subtenant to otherwise remain in possession of Unit 4 beyond the expiry of the Head Lease; (iii) it has obtained reasonable assurances from each of Subtenant and Tenant confirming they have not entered into any agreement to otherwise allow Subtenant to remain in possession of Unit 4 beyond the expiry of the Head Lease; (iv) Tenant shall indemnify and hold harmless Landlord from and against any and all liabilities, claims, damages, losses and expenses, due to or arising from or to the extent contributed to by any breach by Tenant of any provisions contained herein.