Common use of Variations from Master Lease Clause in Contracts

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of this Sublease and the rent payable under thus Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or at the Premises (if to the Sublandlord), or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.4. 7.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 Sublandlord shall deliver the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term hereof.

Appears in 2 contracts

Sources: Sublease (Specialty Laboratories), Sublease (Specialty Laboratories)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated hereinexcluded herefrom: 7.1 8.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of this Sublease and Sublease, the rent payable under thus this Sublease and the amount of the Security Deposit Deposit, if any, required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 The 8.2 Except for TruSite Real Estate Services (as Sublandlord's Broker of Record) and ▇▇▇▇▇ & ▇▇▇▇▇ (as Subtenant's broker), the parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 8.2 shall survive the expiration or earlier to termination of this Sublease. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 8.3 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, or sent by a nationally recognized courier service, addressed to the party for whom it is intended Subtenant at the Subleased Premises (if to the Subtenant)Sublease: Premises, or to Sublandlord at the Premises (if to the Sublandlord)[***], or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.48.3. 7.5 8.4 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 8.5 Sublandlord shall deliver the Subleased Sublease Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible not provide any construction allowance to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywallSubtenant. Further, all building systems (light, electrical, air conditioning and heat) No improvements or alterations shall be in good working order. 7.8 made to the Sublease Premises by Subtenant without the prior written approval of Sublandlord, which consent shall not be required unreasonably withheld, and without the prior written approval of Landlord pursuant to the terms of the Master Lease. In the event that Subtenant fails to commence paying base rent hereunder on the Commencement Date, then, in addition to all other remedies available to Sublandlord, Sublandlord may, at Sublandlord's option, require Subtenant to remove all improvements and alterations made by Subtenant and [***] Confidential portions of this document have been redacted and filed separately with the Commission. restore the Sublease Premises to their prior condition. Upon the termination of this Sublease Subtenant shall, if requested by Sublandlord, at Subtenant's expense, remove all improvements and alterations made to the Sublease Premises by Subtenant and restore the Sublease Premises to. their condition upon delivery of the Sublease Premises to Subtenant by Sublandlord. 8.6 Whenever a specific period of time is set forth the Master Lease in which "Tenant" must fulfill any currently existing improvements located obligation thereunder, Subtenant shall fulfill such obligation at least five (5) days prior to the end of the maximum time period provided for in the Master Lease; provided, however, that in no event shall any period be shortened to less than 3 days. 8.7 Notwithstanding anything else contained herein, Subtenant shall have no right to exercise any options contained in the Master Lease. 8.8 Subtenant shall be deemed in default of this Sublease should Subtenant fail to perform any of its obligations under this Sublease within fifteen (15) days written notice for any non-monetary default, or within three (3) days written notice for any monetary default. Upon any such default, Sublandlord may, without notice or due process, terminate this Sublease, reoccupy the Subleased Premises upon Premises, and retain the expiration of Security deposit above without any liability to Subtenant or 3rd parties Subtenant shall hold harmless, indemnify and defend Sublandlord, and/or the term hereofLandlord.

Appears in 2 contracts

Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of this Sublease and the rent payable under thus Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 9.1 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease other than Bens▇▇ ▇▇▇mercial Realty, Inc. ("Bens▇▇"), and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising fees, other than to Bens▇▇, ▇▇ising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 9.1 shall survive the expiration or earlier termination of this Sublease. Commission due to Bens▇▇ ▇▇ the subject of a separate agreement and the responsibility of Sublandlord and Sublandlord shall indemnify and hold Subtenant harmless from and against any claims, costs (including reasonable attorneys' fees) or causes of actions arising from that agreement. 7.3 9.2 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 9.3 Any notice which may or shall be given by either party hereunder shall be either delivered personally or personally, sent by certified mail, return receipt requested, or by overnight express delivery, addressed to the party for whom it is intended intended, (i) at the Subleased Premises to the attention of General Counsel (if to the Subtenant), or at the Premises and (ii) if to the Sublandlord)Sublandlord to General Counsel, Akzo Nobel Inc., 7 Li▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Dobbs Ferry, NY 10522-3408, or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.49.3. 7.5 9.4 All amounts payable hereunder by Subtenant to Sublandlord shall be payable directly to Sublandlord., as follows: Checks payable to: Akzo Nobel Inc. Checks mailed to: Akzo Nobel Inc. AP/AR Department 300 ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 7.6 9.5 The provisions of Sections 5Section 2.1, 6Article 24, 7, 8, 9, Article 39 and 10 Article 42 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 9.6 Sublandlord shall deliver and Subtenant shall accept the Subleased Premises to Subtenant in their current existing "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible as of the commencement date of this Sublease. 9.7 Notwithstanding anything in Section 16.2 of the Master Lease to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1contrary, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) Subtenant shall be in good working order. 7.8 default of the Sublease and Sublandlord may thereupon immediately terminate the Sublease; (a) if Subtenant permits anything to be done whether by action or inaction, contrary to any of Subtenants obligations hereunder, including Subtenant's obligations to pay fixed annual rent or additional rent or other charges under this Sublease, and if such situation shall continue and shall not be required remedied by Subtenant within fifteen (15) days after Sublandlord shall have given to remove any currently existing improvements located Subtenant a notice specifying the same, or, in the Subleased Premises upon case of a happening or default which cannot with due diligence be cured within a period of fifteen (15) days and the expiration continuation of which for the period required for cure will not subject Sublandlord to the risk of criminal liability (as more particularly described in Article 8 of the term Master Lease) or termination of the Master Lease, if Subtenant shall not, (i) within said fifteen (15) day period advise Sublandlord of Subtenant's intention to duly institute all steps necessary to remedy such situation, (ii) duly institute within said fifteen (15) day period, and thereafter diligently and continuously prosecute to completion all steps necessary to remedy the same and (iii) complete such remedy within such time after the date of the giving of said notice of Sublandlord as shall be necessary; or (b) whenever Subtenant shall abandon the demised premises (unless as a result of a casualty) and such abandonment shall continue for fifteen (15) days; or (c) whenever Subtenant shall default in the due keeping, observing or performance of any covenant, agreement, provision or condition of Article 5 of the Master Lease on the part of Subtenant to be kept, observed or performed and if such default shall continue and shall not be remedied by Subtenant within three (3) Business Days after Subtenant receives a notice specifying the same. 9.8 In addition to any rights Sublandlord may have under the terms of the Master Lease in the event of a default of this Sublease by Subtenant as provided in Section 9.7 hereof, Sublandlord may enter upon and take possession of the Premises by force if necessary and expel or remove Subtenant and any other person who may be occupying said Premises or any part thereof, if necessary, without being liable for prosecution or any claim of damages therefore and, if Sublandlord so elects, relet the Premises on such terms as Sublandlord may deem advisable. 9.9 Sublandlord agrees that Subtenant shall have the right to use the Building parking facilities pursuant to the terms of the Master Lease.

Appears in 1 contract

Sources: Sublease (Interliant Inc)

Variations from Master Lease. The following covenantsAs between Sublandlord and ---------------------------- Subtenant, agreements, terms, provisions the terms and conditions of the Master Lease are hereby modified or not incorporated hereinas stated below in this Section: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of this Sublease and the rent payable under thus Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 The following provisions of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment apply to this Sublease: 1 (Use) (First Sentence Only). 2 (Term). 4A (Basic Rent). 4F (Place of Payment of Basic Rent and Additional Rent as provided in the Master LeaseRent). 4G (Security Deposit). 7.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 Notwithstanding Despite anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, in the event of damage to or condemnation of the Subleased Premises or of the building in which the premises are located, the Basic Rent payable hereunder shall not be abated, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord, and Sublandlord shall have no obligation to rebuild or restore the Subleased Premises. 7.4 7.3 Any notice which that may or shall must be given by either party hereunder shall under this Sublease will be either delivered personally or sent (i) personally, (ii) by certified mail, return receipt requested, or (iii) by a nationally recognized overnight courier, addressed to the party for to whom it is intended at the Subleased Premises (if intended. Any notice given to Sublandlord or Subtenant shall be sent to the Subtenant), or at respective address set forth on the Premises (if to the Sublandlord)signature page below, or to such other address as that party may have been designated in designate for service of notice by a notice given in accordance with the provisions of this Section 7.4section. A notice sent pursuant to the terms of this section shall be deemed delivered (A) when delivery is attempted, if delivered personally, (B) three (3) business days after deposit into the United States mail, or (C) the day following deposit with a nationally recognized overnight courier. 7.5 7.4 All amounts payable hereunder under this Sublease by Subtenant shall be are payable directly to Sublandlord.. Subtenant shall make any and all such payments to Faroudja Laboratories, Inc. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary 7.5 Subtenant shall name Sublandlord as an additional insured under all insurance policies Subtenant is required to obtain hereunder pursuant to the Master Lease, Master Lease including but not limited to those policies required under Sections 1.4 10 (Liability Insurance), 11 (Tenant's Personal Property Insurance and related subsections▇▇▇▇▇▇▇'▇ Compensation Insurance), 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to 12 (Property Insurance) of the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this SubleaseLease. 7.7 Sublandlord shall deliver the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term hereof.

Appears in 1 contract

Sources: Sublease (Curon Medical Inc)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of this Sublease and the base rent payable under thus this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or at the Premises to ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇-▇▇▇▇ and to ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇-▇▇▇▇, Attention: Executive Director (if to the Sublandlord), or to such other address as may have been been-designated in a notice given in accordance with the provisions of this Section 7.4. 7.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 Sublandlord shall deliver the Subleased Premises to Subtenant in their its current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 7.7 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term hereofTerm.

Appears in 1 contract

Sources: Sublease (Crown Energy Corp)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 4.02 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 5.01 of the Master Lease, the term of this Sublease and the base rent payable under thus this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Leasethis Sublease. 7.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder (except for Lee & ▇▇sociates-Los Angeles Downtown, Inc.) in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or of earlier termination of this Sublease. Sublandlord will pay the commission of Lee & ▇▇sociates-Los Angeles Downtown, Inc. pursuant to a separate written agreement. Lee & ▇▇▇ociates-Los Angeles Downtown, Ins. Represents Sublandlord exclusively, and Subtenant and Sublandlord acknowledge and consent to such brokerage relationship. 7.3 Notwithstanding Not withstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 Any notice which may or shall be given by either party hereunder shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Sublease Premises (if to the Subtenant), or at the Premises Corporate Premises, 606 S. ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇▇▇ention: Manager (if to the Sublandlord), or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.4. 7.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord, without offset or deduction, in immediately available funds. 7.6 The provisions of Sections 53.01, 64.04, 727.20, 827.21, 9Rider One and Exhibit B, and 10 any provision relating to extension or expansion options, options to purchase or rights of first refusal, if any, of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 Sublandlord shall deliver the Subleased Sublease Premises to Subtenant in their its current "as is" condition. The foregoing notwithstandingAs of the date of this Sublease, Subtenant acknowledges that Subtenant has conducted or has had the opportunity to conduct a comprehensive investigation ("Due Diligence Investigation") of the Sublease Premises and all other matters which in Subtenant's judgement may affect the value or suitability of the Sublease Premises for Subtenant's purposes or which may influence Subtenant's willingness to enter this Sublease, including, without limitation, an inspection or examination of (I) the physical condition, size and configuration of the Sublease Premises, including access, parking, location or accessibility of utilities, the condition of the improvements, the existence of any hazardous materials, soil or topographical conditions and earthquake preparedness; (ii) the Master Lease; (iii) title; (iv) taxes, (v) income and expense date, (vi) insurance costs, (vii) permissible uses and zoning or development entitlements; (viii) any applicable covenants, conditions and restrictions; and (ix) compliance with any federal, state or local low, statute, rele or regulation now or hereafter in effect (including without limitation the Americans With Disabilities Act of 1990, 42 U.S.C. & 12101). Subtenant acknowledges that Sublanklord would not sublease the Sublease Premises except on an "as is" basis, and agrees that (I) Subtenant accepts the Sublease Premises "as is" and with all it's faults; (ii) neither Sublandlord nor any of its officers, agents, employees or representatives (including, without limitation, any broker) has made any representations or warranties of any kind or nature, whether express or implied, with respect to the Sublease Premises or any of the matters relating thereto; (iii) Sublandlord has no duty to make any disclosures; (iv) Subtenant is relying solely on Subtenant's own Due Diligence Investigation; (v) neither Sublandlord nor Master Lessor shall be required to perform any work of construction, alteration, repair or maintenance of or to the Sublease Premises; and (vi) in the event Subtenant subleases all or any portion of the Sublease Premises or assigns its interest in this Sublease, Subtenant shall indemnify and defend Sublandlord for, from and against any matters which arise as a result of Subtenant's failure to disclose any relevant information about the Sublease Premises to any subtenant or assignee of Subtenant. If Sublandlord obtains or has obtained or provides to Subtenant any services, opinions, or work product of surveyors, architects, soil engineers, environmental auditros, engineers, title insurance companies, governmental authorities or any other person or entity with respect to the Sublease Premises, Subtenant and Sublandlord agree that Sublandlord does so only for the convenience of the parties, Sublandlord does not vouch for the accuracy or completeness of any such items and the reliance of Subtenant upon any such items shall be responsible not create or give rise to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting any liability of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working orderor against Sublandlord. 7.8 Subtenant shall not make or suffer to be made any alterations, additions or improvements (collectively "Alterations") in, on, or to the Sublease Premises except in strict accordance with the terms of the Master Lease. Any Alterations Subtenant may be required or permitted to remove any currently existing improvements located in make shall be made by the Subleased Premises upon Subtenant at Subtenant's sole cost and expense (including, without limitiationa, all costs of complying with the Americans with Disabilities Act, whether or not such compliance requires structural improvements). Upon the expiration or sooner termination of this Sublease and upon written demand by Sublanlord, subtenant shall, at Subtenant's sole cost and expense, immediately and with all due diligence (I)remove any Alterations made or paid for by Subtenant; and (ii)repair and restore the Premises to its original condition, reasonable wear and tear excepted. Any Alteration not so requested to which cannot be removed from the Sublease Premises without material damage thereto, shall become a part of the Sublease Premises and the property of Sublandlord upon expiration or sooner termination of this Sublease and shall remain on and be surrendered with the Sublease Premises. In connection with the initial Alterations to be made at the beginning of the term hereofof this Sublease ("Initial Alterations"), Sublandlord shall reimburse the cost of such Initial Alterations up to the amount of $15,400.00 upon delivery to Sublandlord of evidence satisfactory to it in its sole discretion of lien-free completion and granting of a certificate of occupancy for the Premises.

Appears in 1 contract

Sources: Consent to Sublease (Transamerican Holding Inc)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term Term of this Sublease and the rent Base Rent payable under thus this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 The parties hereto Sublandlord and Subtenant hereby represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, neither party dealt and to Landlord that they have had no dealings with any broker broker, finder or finder agent in connection with the negotiation or consummation of this Sublease other than CB ▇▇▇▇▇▇▇ ▇▇▇▇▇ ("Sublandlord's Broker") and each ▇▇▇▇▇ Lang LaSalle ("Subtenant's Broker," and, together with Sublandlord's Broker, collectively, the "Brokers"), and that they know of no other real estate broker, finder or agent who is entitled to a commission in connection with this Sublease. Sublandlord agrees to pay to Sublandlord's Broker any commission owed to Sublandlord's Broker, if any, in connection with this Sublease, and Subtenant agrees to pay to Subtenant's Broker any commission owed to Subtenant's Broker, if any, in connection with this Sublease. Each party agrees to indemnify, defend and hold and save harmless the other party and Landlord harmless from and against any and all claims for brokerage commissions claims, demands, losses, liabilities, lawsuits, judgments, costs and expenses (including, without limitation, reasonable attorneys' fees) with respect to any leasing commission or finderequivalent compensation alleged to be owing on account of the indemnifying party's fees arising out of either of their acts dealings with any broker, finder or agent in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 Whenever the provisions of the Master Lease which have been incorporated as provisions of this Sublease require the written consent or approval of the Landlord, said provisions shall be construed to require the written consent or approval of both the Landlord and Sublandlord. 7.5 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requestedgiven in accordance with Paragraph 64 of the Master Lease, addressed to the party for whom it is intended at each of the Subleased Premises (if to the Subtenant), or at the Premises (if to the Sublandlord)addresses set forth below such party's signature on this Sublease, or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.47.5 and Paragraph 64 of the Master Lease. 7.5 7.6 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord. 7.6 7.7 The time limits contained in the Master Lease for (i) giving of notices, making of demands, or performing of any act, condition or covenant on the part of Subtenant pursuant to the provisions of Sections 5the Master Lease incorporated into this Sublease, 6or (ii) the exercise of any right, 7, 8, 9, and 10 remedy or option by Sublandlord pursuant to the provisions of the Summary Master Lease incorporated into this Sublease, are hereby changed for purposes of incorporation herein by shortening the same in each instance by two (2) business days, such that in each instance Subtenant shall have two (2) business days less time to observe or perform under this Sublease than Sublandlord has as the lessee under the Master Lease. 7.8 Notwithstanding anything to the contrary contained in the Master Lease, Subtenant's failure to pay any Rent or any other charge required to be paid under this Sublease, or any part thereof, as and when due shall constitute a default by Subtenant under this Sublease without any requirement on the part of Sublandlord to provide written notice of such failure. 7.9 Without limiting the generality of Paragraph 32 of the Master Lease Sections 1.4 Lease, Subtenant shall permit Sublandlord and related subsectionsLandlord and each of their respective employees, 2.2 agents and related subsectionscontractors to enter the Subleased Premises and all parts thereof at any time and from time to time (a) as may be reasonably necessary in connection with the performance of the Demising Work and the Sublandlord Work, Article 3and (b) during the last sixty (60) days of the Term, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 for the purpose of inspecting the Subleased Premises and Section 29.3 and Exhibits A and E attached confirming that Subtenant is performing all activities necessary to timely vacate the Subleased Premises on or before the Expiration Date. 7.10 Subtenant shall have the right to use one (1) parking space located in the parking lot immediately adjacent to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of Subleased Premises in the First Amendment to Office Lease shall not apply to this Subleaseapproximate location indicated on Exhibit A attached hereto (the "Subtenant Parking Space"). 7.7 Sublandlord shall deliver 7.11 If, and only if, Subtenant vacates and surrenders the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstandingSublandlord on or before the Expiration Date, then Sublandlord shall be responsible pay to Subtenant the third installment of the "Termination Payment," as that terms is defined in the Termination Agreement, in the amount of Two Hundred Thousand and No/100 Dollars ($200,000.00), within ten (10) days following the Expiration Date. In no event shall Subtenant have the right to retain possession of the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting or any part thereof beyond the expiration or earlier termination of drywallthis Sublease. Further, all building systems (light, electrical, air conditioning and heat) Nothing contained in this Section 7.11 shall be in good working order. 7.8 construed as consent by Sublandlord or Landlord to any holding over by Subtenant, and Sublandlord and Landlord each expressly reserves the right to require Subtenant shall not be required to remove any currently existing improvements located in surrender possession of the Subleased Premises upon the expiration or earlier termination of this Sublease. In the event of any such holding over, neither Sublandlord nor Landlord shall have any obligation whatsoever to pay the third installment of the term hereofTermination Payment to Subtenant and the provisions of Paragraphs 26 and 66 of the Master Lease, as incorporated into this Sublease, shall apply. 7.12 The following provisions of the Master Lease shall not be incorporated into this Sublease: Paragraphs 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.9, 7.1(b), 51, 52, 53.2, 53.3, 54, 58.2, 58.3, 59, 65, 67, 70, 71, 73 and 75, the last grammatical paragraph of Paragraph 60.6, and Exhibits A-2 and A-3.

Appears in 1 contract

Sources: Sublease (Digital Domain Media Group, Inc.)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 I, IV, and 6 and 8 VI of the Summary to Lease, as amended by the Master Lease or in Articles 2 and 3 of the Master LeaseFirst Amendment, the term of this Sublease and Sublease, the base rent payable under thus Sublease Section 3 of this Sublease, Tenant’s Pro Rata Share of increases in Taxes and Expenses payable under Section 4 of this Sublease, and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 this Sublease and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease except for G▇▇▇▇ & E▇▇▇▇/Cold Stream, on behalf of Sublandlord and each H▇▇▇▇▇▇ Realty on behalf of Subtenant. Each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's ’s fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. The commission to G▇▇▇▇ & E▇▇▇▇/Coldstream Real Estate Advisers, Inc. and H▇▇▇▇▇▇ Realty has been memorialized in a separate agreement. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease Lease, if any, shall be deemed to be the property of Sublandlord, but nothing herein shall prohibit Subtenant from recovery of any such insurance proceeds or condemnation awards which are specifically for Subtenant’s personal property. Subtenant shall provide insurance binders to Landlord naming Landlord as an additional insured. 7.4 Any notice Except for legal process, which may also be served as by law provided, any notice or shall be given by either party communication required or permitted hereunder shall be in writing and shall be sent either delivered personally by: (a) personal delivery service with charges therefor billed to shipper; (b) nationally recognized overnight delivery service (such as Federal Express, United Parcel Service, Airborne, etc.) with charges therefor billed to shipper; or sent by (c) United States Mail, postage prepaid, registered or certified mail, return receipt requested. Any notice or communication sent as above provided shall be deemed given or delivered: (i) upon receipt, if personally delivered (provided delivery is confirmed by the courier delivery service); (ii) on the date of delivery by any nationally recognized overnight delivery service; or (iii) if sent by United States Mail, on the date appearing on the return receipt therefor, or if there is no date on such return receipt, the receipt date shall be presumed to be the postmark date appearing on such return receipt. Notice shall be considered given and received on the latest original delivery or attempted delivery date to all persons and addresses to which notice is to be given, as indicated on the return receipt(s) of the United States Mail or delivery receipts of the personal delivery service or nationally recognized overnight delivery service. Any notice or communication which cannot be delivered because of failure to provide notice of a change of address as herein provided or for which delivery is refused shall be deemed to have been given and received on the date of attempted delivery. Any notice or communication required or permitted hereunder shall be addressed to the party for whom it is intended Sublandlord at the Subleased Premises (if Citizens Advisers, Inc., O▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention; L▇▇▇ ▇▇▇▇▇▇▇▇ B▇▇▇▇ and to the Subtenant)Subtenant at Nitro Data Systems, Inc., 2▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attention: T▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, or at the Premises (if such other addresses as Sublandlord or Subtenant may have designated by notice to the Sublandlord), or to such other address given as may have been designated in a notice given in accordance with the provisions of this Section 7.4provided above. 7.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord, and Sublandlord shall represent and warrant to pay its rental obligation to Landlord on a timely basis. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 Sublandlord shall deliver the Subleased Premises to Subtenant without any cubicles and in their current "as is" a clean condition. The foregoing notwithstanding, Sublandlord Subtenant shall be solely responsible for all alterations and improvements to have the Subleased Premises professionally cleaned and ready for occupancy prior subject to August 1, 1995 including patching and painting of drywallthe Landlord’s approval. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 Subtenant shall not be required to remove any currently existing improvements located in erect, at Sublandlord’s expense, a wall partitioning the Subleased Premises upon from the expiration remaining square footage of the term hereofPremises upon Subtenant obtaining the Landlord’s approval to perform alterations and/or improvements to the Subleased Premises. Any work to be performed under this provision shall be performed by the Landlord or a contractor approved by the Landlord. Subtenant, upon reasonable advance notice from Sublandlord, shall not unreasonably withhold consent for a telephone company representative or agent to access the phone lines that are situated on the Subleased Premises and service the telephone system for the remaining square footage of the Premises. Subtenant shall have the option to physically accompany any such telephone company representative or agent that is provided access to the Subleased Premises. 7.7 Subtenant shall have no right to exercise the renewal option set forth in Exhibit A, Section 5 of the Lease, unless Landlord agrees to contract directly with Subtenant and fully release Sublandlord of any and all obligation, responsibility or reference, in any manner whatsoever, as related to the Lease.

Appears in 1 contract

Sources: Sublease (NitroSecurity, Inc.)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 3, 7 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 18 of the Master Lease, the term of this Sublease and the base rent payable under thus this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 In addition, the last three (3) sentences of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant Section 18 (security interest in trade fixtures) shall not be responsible for the payment of Additional Rent as provided in the Master Leaseapply to Subtenant or this Sublease. 7.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder other than ▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ LaSalle Americas, Inc. (“Broker”) in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease, other than the fees payable to Broker, which such fees shall be paid by Sublandlord. In the event Sublandlord fails to pay the Subtenant’s Broker its leasing commission in an amount equal to four percent (4%) of the base rent, Subtenant may offset its rent by an amount equal to the unpaid commission due to the Subtenant’s Broker, plus interest at the rate of 10% of the amount due (or the highest rate permitted by law, whichever is less); provided, however, that in the event Subtenant offsets its rental obligation by an amount equal to the unpaid commission due to the Subtenant’s Broker, Subtenant hereby agrees and hereby does indemnify, hold and save Sublandlord harmless from and against any and all claims for brokerage commissions from the Subtenant’s Broker. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord, and any proceeds received by Subtenant will be deemed to be the property of Subtenant. 7.4 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises Anadys Pharmaceuticals, Inc., ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇, San Diego, California 92121, Attn: Controller, Finance (if to Subtenant prior to the SubtenantCommencement Date), or at to Anadys Pharmaceuticals, Inc., ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attn: Controller, Finance (if to Subtenant after the Premises Commencement Date), or c/o Phenomix Corporation, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attn: Corporate Counsel (if to the Sublandlord), or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.47. 7.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 Sublandlord shall deliver the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term hereof.

Appears in 1 contract

Sources: Sublease Agreement (Anadys Pharmaceuticals Inc)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 12.1 The amount of Base Rent and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of Additional Rent payable under this Sublease and the rent payable under thus Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 herein. 12.2 Any options of Sublandlord as tenant under the Master Lease has been deleted pursuant to Paragraph 7.6 below as extend the parties have agreed that Subtenant term set forth therein shall not be responsible for the payment of Additional Rent as provided in the Master Leaseextended to Subtenant under this Sublease. 7.2 12.3 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to protect, defend, indemnify, hold and save the other party harmless from and against any and all claims or liabilities for brokerage commissions or finder's fees arising out of either of their acts in connection with this SubleaseSublease to anyone other than the Brokers. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 12.4 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease or otherwise, shall be deemed to be the property of Sublandlord, and Sublandlord shall have no obligation to rebuild or restore the Subleased Premises. 7.4 Any notice which may or shall be given by either party 12.5 All written notices, requests, demands and other communications provided for hereunder shall be either in writing; shall be delivered or communicated personally or sent by certified mailfirst class letter, return receipt requested, addressed overnight delivery service or facsimile transmission confirmed (provided a successful transmission report has been received by the sender); and shall be mailed or delivered to the applicable party for whom it is intended at the Subleased Premises (if address indicated below next to the Subtenant), their name or at the Premises (if to the Sublandlord), or to such other address as may have been shall be designated by such party in a written notice given delivered in accordance with the provisions of this Section 7.4. 7.5 Section. All amounts payable hereunder by Subtenant notices mailed shall be payable directly deemed received as of (i) receipt or refusal in the event of delivery, or (ii) within two (2) business days after deposit into the U. S. mail. If to Master Landlord: Fidelity Information Services, Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇▇▇▇▇▇, Vice President Telephone: ▇▇▇-▇▇▇-▇▇▇▇ If to Sublandlord. 7.6 The provisions of Sections 5: Fidelity National Title Group, 6Inc. ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇, 7▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇ ▇▇▇▇▇, 8Vice President Telephone: ▇▇▇-▇▇▇-▇▇▇▇ If to Subtenant: Fidelity National Financial, 9Inc. c/o Orion Realty Group ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, and 10 of the Summary to the Master Lease▇▇▇▇▇▇▇▇▇▇▇▇, Master Lease Sections 1.4 and related subsections▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇ ▇▇▇▇▇▇▇▇, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 Sublandlord shall deliver the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term hereof.President Phone: ▇▇▇-▇▇▇-▇▇▇▇

Appears in 1 contract

Sources: Sublease (Fidelity National Title Group, Inc.)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated hereinexcluded herefrom: 7.1 8.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of this Sublease and Sublease, the rent payable under thus this Sublease and the amount of the Security Deposit Deposit, if any, required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 The 8.2 Except for TruSite Real Estate Services (as Sublandlord's Broker of Record) and ▇▇▇▇▇ & ▇▇▇▇▇ (as Subtenant's broker), the parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 8.2 shall survive the expiration or earlier to termination of this Sublease. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 8.3 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, or sent by a nationally recognized courier service, addressed to the party for whom it is intended Subtenant at the Subleased Premises (if to the Subtenant)Sublease: Premises, or to Sublandlord at the Premises (if Countrywide Home Loans, Inc., Attn: Corporate Property Management ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇ ▇▇-▇-▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, with a copy to the Sublandlord)Countrywide Home Inc., Loans, Attn: Legal Department/R.E. Leasing, Mail Stop AC-11, ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.48.3. 7.5 8.4 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 8.5 Sublandlord shall deliver the Subleased Sublease Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible not provide any construction allowance to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywallSubtenant. Further, all building systems (light, electrical, air conditioning and heat) No improvements or alterations shall be in good working order. 7.8 made to the Sublease Premises by Subtenant without the prior written approval of Sublandlord, which consent shall not be required unreasonably withheld, and without the prior written approval of Landlord pursuant to the terms of the Master Lease. In the event that Subtenant fails to commence paying base rent hereunder on the Commencement Date, then, in addition to all other remedies available to Sublandlord, Sublandlord may, at Sublandlord's option, require Subtenant to remove all improvements and alterations made by Subtenant and restore the Sublease Premises to their prior condition. Upon the termination of this Sublease Subtenant shall, if requested by Sublandlord, at Subtenant's expense, remove all improvements and alterations made to the Sublease Premises by Subtenant and restore the Sublease Premises to. their condition upon delivery of the Sublease Premises to Subtenant by Sublandlord. 8.6 Whenever a specific period of time is set forth the Master Lease in which "Tenant" must fulfill any currently existing improvements located obligation thereunder, Subtenant shall fulfill such obligation at least five (5) days prior to the end of the maximum time period provided for in the Master Lease; provided, however, that in no event shall any period be shortened to less than 3 days. 8.7 Notwithstanding anything else contained herein, Subtenant shall have no right to exercise any options contained in the Master Lease. 8.8 Subtenant shall be deemed in default of this Sublease should Subtenant fail to perform any of its obligations under this Sublease within fifteen (15) days written notice for any non-monetary default, or within three (3) days written notice for any monetary default. Upon any such default, Sublandlord may, without notice or due process, terminate this Sublease, reoccupy the Subleased Premises upon Premises, and retain the expiration of Security deposit above without any liability to Subtenant or 3rd parties Subtenant shall hold harmless, indemnify and defend Sublandlord, and/or the term hereofLandlord.

Appears in 1 contract

Sources: Lease Agreement (Bridgepoint Education Inc)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 11.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of base rent payable under this Sublease and the rent payable under thus Term of this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 5, above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 11.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease other than The Krupat Group, Ltd., (the "Broker"), and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees fees, other than to the Broker, arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 11.2 shall survive the expiration or earlier termination of this Sublease. 7.3 11.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 11.4 Any notice which may or shall be given by either party hereunder shall be either delivered personally or personally, sent by certified mail, return receipt requested, or by overnight express delivery, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or with a copy to General Counsel at the Premises 7 Ridgedale Avenue, Cedar Knolls, NJ 07927 and American International ▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, New York, New York 10005, ATTENTION: Legal Department ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇., 16th Floor, 72 Wall Street, New York, New York 10005, ATTENTION: Director of ▇▇▇▇▇▇▇ (if to the Sublandlord▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇), or to such ▇▇ ▇▇ ▇uch other address as may have been designated in a notice given give in accordance with the provisions of this Section 7.411.4. 7.5 11.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord, as follows: Checks payable to: American International Recovery, Inc. Checks mailed to: Ms. Cheryl Reeman American ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇alty, Corp. 72 Wall Street - 16th Floor ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇. 7.6 The provisions ▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇nth, Tenth and Eleventh of Sections 5Second Amendment and the provision of Articles Second, 6Third, 7, 8, 9, Sixth and 10 Seventh of First Amendment and article 12 and 39.0 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 11.7 Sublandlord shall deliver and Subtenant shall accept the Subleased Premises in their presently existing, "as is" condition. 11.8 Subtenant shall have the right, at Subtenant's sole cost and expense, subject to the prior written approval of Sublandlord and pursuant to the terms of Article 11 of the Master Lease, to alter and construct improvements in the Subleased Premises. 11.9 Subtenant shall remove any Subtenant improvements in the Subleased Premises and restore the Subleased Premises to the same condition existing on the date of Sublandlord's delivery of the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term Term hereof. 11.10 Sublandlord agrees that Subtenant shall have the right to use the Building parking facilities pursuant to the terms of the Lease, and is entitle to sixty (60) unreserved spaces.

Appears in 1 contract

Sources: Sublease (Alphanet Solutions Inc)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of this Sublease and the base rent payable under thus this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's ’s fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or at the to Premises (if to the Sublandlord), or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.4. 7.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 Sublandlord shall deliver the Subleased Premises to Subtenant in their its current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 7.7 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term hereof.

Appears in 1 contract

Sources: Sublease (Anworth Mortgage Asset Corp)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 12.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Leaseregarding base rent, the term of base rent payable under this Sublease and the rent payable under thus Term of this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 Section 6, above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 12.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease other than CBRE – Sublandlord’s Representative and Cornish & ▇▇▇▇▇ Commercial Newmark ▇▇▇▇▇▇ ▇▇▇▇▇ – Subtenant’s Representative, (hereinafter referred to as the “Broker), and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees ’s fees, other than to the Broker, arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 12.2 shall survive the expiration or earlier termination of this Sublease. 7.3 12.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. Subtenant shall be entitled to receive any insurance proceed or condemnation awards, as its interest may appear, relating to Subtenant’s personal property, fixtures and improvements. 7.4 12.4 Any notice which may or shall be given by either party hereunder shall be either delivered personally or personally, sent by certified mail, return receipt requested, or by overnight express delivery, addressed to the party for whom Whom it is intended at the Subleased Premises (if to the Subtenant), or at the Premises to National Union Fire Insurance Company of Pittsburgh„ Pa. c/o American International Realty Corp., 3rd Floor, ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Vice President and General Counsel (if to the Sublandlord), or to such other address as may have been designated in a notice given give in accordance with the provisions of this Section 7.412.4. 7.5 12.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord, as follows: Checks made payable to: National Union Fire Insurance Company of Pittsburgh, Pa. Checks mailed to: . American International Realty Corp. ▇.▇. ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ 7.6 12.6 The provisions of Sections the Lease Agreement – Summary of Basic Lease Information – Provision 10, 11, 12; Provision 1.3 – The Downsize Right; Provision 1.4; Provision 1.6; Provision 2.1; Provision 2.2; Provision 3.4.1; Provision 3.4.2; Provision 4.3.2 (2nd sentence only); Provision 4.6; Provision 6.3.1; Provision 11.2; Provision 11.4; Provision 13.1 (2nd sentence); Provision 16; Provision 22; Provision 28; Provision 29.6; Provision 29.25; Provision 29.32; Provision 29.34; Exhibit A-1; Exhibit B; Exhibit C; Exhibit L; Exhibit M; Exhibit N; Exhibit 0; Exhibit P; Memorandum of Office Lease and Right of First Offer dated August 9, 1996; Letter Agreement dated November 19, 1999; Letter Agreement dated September 28, 2006; Letter Agreement dated November 1, 2006; Letter Agreement dated December 1, 2006; Letter Agreement dated July 11, 2008; First Amendment to Lease – Provisions 5, 6, 7, 8, Exhibit A; Second Amendment to Lease – Provisions 3, 5, 6, 7, Exhibit A; Third Amendment to Lease – Provision 2; Fourth Amendment to Lease – Provisions 3, 4, 6, 7, 8, 9, and 10 of the Summary Exhibit A; Fifth Amendment to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article – Provisions 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 8, 9, 10, Exhibit A, Exhibit B; Sixth Amendment to Lease – Provisions 6 (3rd sentence), 7.2, 8, 9, 10, 11, 13 and 12, 13, 14 of the First (sentence 4), 15, Exhibit A, Exhibit ▇-▇, ▇▇▇▇▇▇▇ ▇-▇, Exhibit B; Eighth Amendment to Office Lease – Provisions 2, 3; Ninth Amendment to Lease – Provision 7 shall not apply to this Sublease. 7.7 12.7 Prior to Sublease Commencement, Sublandlord (at Sublandlord’s sole cost and expense) shall demise the space per a mutually agreed upon plan (and the final plan shall allow Subtenant access to both sets of restrooms on the floor as well as a common corridor to provide access to Sublandlord’s premises on the ▇▇▇ ▇▇▇▇▇). ▇▇▇▇▇▇▇▇▇▇▇ shall deliver the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstandingwith all existing mechanical, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned electrical and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building plumbing systems (light, electrical, air conditioning and heat) shall be in good working ordercondition. Sublandlord, at Sublandlord’s sole cost and expense, shall Broom Clean the Premises (including removal of debris) prior to delivery. 7.8 12.8 Subtenant shall have the right, at Subtenant’s sole cost and expense, subject to the prior written approval of Sublandlord (which shall not be required unreasonably withheld or delayed and which may be provided via email) and pursuant to the terms of Provision 8.1 of the Master Lease, to alter and construct improvements in the Subleased Premises. Any and all alterations or improvements must comply with all Federal, State, Local, Municipal, Laws, Ordinances and Regulations, including ADA. 12.9 Subtenant, at its sole cost and expense, shall remove any currently existing Subtenant improvements located in the Subleased Premises and restore the Subleased Premises to the same condition existing on the date of Sublandlord’s delivery of the Subleased Premises to Subtenant upon the expiration of the term Term hereof, which restoration of the Subleased Premises shall be pursuant to the plans and specifications set forth in Exhibit B attached hereto. Notwithstanding the foregoing, Subtenant’s obligation to restore the Subleased Premises shall be predicated on demand from Master Lessor to restore, pursuant to terms of the Master Lease. 12.10 Subtenant shall comply with all insurance requirements as required under Article in the Master Lease and shall name Sublandlord, American International Group, Inc. and its subsidiaries and agents as additional insureds; provided that with respect to property damage liability, Subtenant is allowed to have $4 million per occurrence, but this should not be construed as a limitation of Subtenant’s liability.

Appears in 1 contract

Sources: Sublease Agreement (Castlight Health, Inc.)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 8.1 Notwithstanding anything to the contrary set forth in Sections 5 I, IV, and 6 and 8 VI of the Summary to Lease, as amended by the Master Lease or in Articles 2 and 3 of the Master LeaseFirst Amendment, the term of this Sublease and Sublease, the base rent payable under thus Sublease Section 3 of this Sublease, Tenant's Pro Rata Share of increases in Taxes and Expenses payable under Section 4 of this Sublease, and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 this Sublease and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 8.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease except for Staubach-Los Angeles, Inc., on behalf of Sublandlord and each Insignia/E.S.G. and Staubach-Los Angeles, Inc., as cooperating brokers on behalf of Subtenant. Each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 8.2 shall survive the expiration or earlier termination of this Sublease. The commission to Staubach-Los Angeles, Inc. and Insignia/E.S.G. has been memorialized in a separate agreement. 7.3 8.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord, but nothing herein shall prohibit Subtenant from recovery of any such insurance proceeds or condemnation awards which are specifically for Subtenant's personal property. 7.4 8.4 Any notice which may or shall be given by either party hereunder shall be either delivered personally or sent by nationally recognized overnight courier or certified mail, return receipt requested, addressed to the party for whom it is intended (i) (on and after the Commencement Date) at the Subleased Premises and (at any time) to Jenkens & G▇▇▇▇▇▇▇▇, 1▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, Suite 3200, Dallas, Texas 75202-2799 Attn: R▇▇▇▇ ▇. ▇▇▇▇▇ (if to the Subtenant), or (ii) (prior to the Commencement Date) at the Premises Subleased Premises, and (at any time) to Acacia Research Corporation, c/o A▇▇▇▇ ▇▇▇▇▇▇▇ L▇▇▇ ▇▇▇▇▇▇ & M▇▇▇▇▇▇ LLP, 1901 Avenue of the Stars, S▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: M▇▇▇ ▇▇▇▇▇▇, Esq. (if to the Sublandlord), or to such other address or to such additional addressees, as may have been be designated in a notice given in accordance with the provisions of this Section 7.48.4. 7.5 8.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord, and Sublandlord shall represent and warrant to pay its rental obligation to Landlord on a timely basis. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 8.6 Sublandlord shall deliver the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, except that all of Sublandlord's personal property shall be removed from the Premises (and any damage caused by such removal shall be repaired by Sublandlord), which shall be "broom clean," but otherwise in its currently existing "as is" condition. 8.7 Sublandlord shall be responsible leave the reception desk in place and does hereby sell and assign all of its rights and title therein to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1Subtenant, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be provided that Subtenant accepts such desk in good working orderits "as is" condition. 7.8 8.8 Subtenant shall not be required have no right to remove exercise the renewal option set forth in Exhibit E, Section I, attached to the Lease, unless Landlord agrees to contract directly with Subtenant and fully release Sublandlord of any currently existing improvements located and all obligation, responsibility or reference, in any manner whatsoever, as related to the Subleased Premises upon the expiration of the term hereofLease.

Appears in 1 contract

Sources: Sublease (Acacia Research Corp)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 8.1 Notwithstanding anything to the contrary set forth in Sections 5 and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of this Sublease and the base rent payable under thus this Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 of the Master Lease has been deleted pursuant to Paragraph 7.6 below as the parties have agreed that Subtenant shall not be responsible for the payment of Additional Rent as provided in the Master Lease. 7.2 8.2 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to indemnify, hold and save the other party harmless from and against any and all claims for brokerage commissions or finder's ’s fees arising out of either of their acts in connection with this Sublease. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 8.3 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease shall be deemed to be the property of Sublandlord. 7.4 8.4 Any notice which may or mayor shall be given by either party hereunder shall be either delivered personally or sent by certified mail, return receipt requested, addressed to the party for whom it is intended at the Subleased Premises (if to the Subtenant), or at the to Premises (if to the Sublandlord), or to such other address as may have been designated in a notice given in accordance with the provisions of this Section 7.4. 7.5 8.5 All amounts payable hereunder by Subtenant shall be payable directly to Sublandlord. 7.6 The provisions of Sections 5, 6, 7, 8, 9, and 10 of the Summary to the Master Lease, Master Lease Sections 1.4 and related subsections, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 8.6 Sublandlord shall deliver the Subleased Premises to Subtenant in their its current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 8.7 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term hereof.

Appears in 1 contract

Sources: Sublease (Anworth Mortgage Asset Corp)

Variations from Master Lease. The following covenants, agreements, terms, provisions and conditions of the Master Lease are hereby modified or not incorporated herein: 7.1 Notwithstanding anything to the contrary set forth in Sections 5 12.1 The amount of Base Rent and 6 and 8 of the Summary to the Master Lease or in Articles 2 and 3 of the Master Lease, the term of Additional Rent payable under this Sublease and the rent payable under thus Sublease and the amount of the Security Deposit required of Subtenant shall be as set forth in Sections 2 and 3 above. Article 4 herein. 12.2 Any options of Sublandlord as tenant under the Master Lease has been deleted pursuant to Paragraph 7.6 below as extend the parties have agreed that Subtenant term set forth therein shall not be responsible for the payment of Additional Rent as provided in the Master Leaseextended to Subtenant under this Sublease. 7.2 12.3 The parties hereto represent and warrant to each other that, except as specified in Paragraph 18.5 hereof, that neither party dealt with any broker or finder in connection with the consummation of this Sublease and each party agrees to protect, defend, indemnify, hold and save the other party harmless from and against any and all claims or liabilities for brokerage commissions or finder's fees arising out of either of their acts in connection with this SubleaseSublease to anyone other than the Brokers. The provisions of this Section 7.2 shall survive the expiration or earlier termination of this Sublease. 7.3 12.4 Notwithstanding anything contained in the Master Lease to the contrary, as between Sublandlord and Subtenant only, all insurance proceeds or condemnation awards received by Sublandlord under the Master Lease or otherwise, shall be deemed to be the property of Sublandlord, and Sublandlord shall have no obligation to rebuild or restore the Subleased Premises. 7.4 Any notice which may or shall be given by either party 12.5 All written notices, requests, demands and other communications provided for hereunder shall be either in writing; shall be delivered or communicated personally or sent by certified mailfirst class letter, return receipt requested, addressed overnight delivery service or facsimile transmission confirmed (provided a successful transmission report has been received by the sender); and shall be mailed or delivered to the applicable party for whom it is intended at the Subleased Premises (if address indicated below next to the Subtenant), their name or at the Premises (if to the Sublandlord), or to such other address as may have been shall be designated by such party in a written notice given delivered in accordance with the provisions of this Section 7.4. 7.5 Section. All amounts payable hereunder by Subtenant notices mailed shall be payable directly deemed received as of (i) receipt or refusal in the event of delivery, or (ii) within two (2) business days after deposit into the U. S. mail. If to Master Landlord: Fidelity Information Services, Inc. 601 Riverside Avenue Jacksonville, ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇: ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇t Telep▇▇▇▇: ▇▇▇-854-8100 If to Sublandlord. 7.6 The provisions of Sections 5: Fidelity National T▇▇▇▇ ▇▇▇▇▇, 6Inc. 601 Riverside Avenue Jacksonville, 7▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇: ▇▇ ▇▇▇▇▇, 8▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Telephon▇: ▇▇▇-854-8100 ▇▇ ▇▇ ▇▇▇▇▇▇ant: Fidelity National Financial, 9Inc. c/o Orion Realty Group 601 Riverside Avenue, and 10 of the Summary to the Master LeaseJacksonville, Master Lease Sections 1.4 and related subsectionsFlo▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇: ▇▇▇ ▇▇▇▇▇▇▇▇, 2.2 and related subsections, Article 3, Article 4, Article 18, Article 21, Section 23.4, Article 28, Section 29.29.2 and Section 29.3 and Exhibits A and E attached to the Master Lease and Paragraphs 4, 6, 7, 11, 13 and 14 of the First Amendment to Office Lease shall not apply to this Sublease. 7.7 Sublandlord shall deliver the Subleased Premises to Subtenant in their current "as is" condition. The foregoing notwithstanding, Sublandlord shall be responsible to have the Subleased Premises professionally cleaned and ready for occupancy prior to August 1, 1995 including patching and painting of drywall. Further, all building systems (light, electrical, air conditioning and heat) shall be in good working order. 7.8 Subtenant shall not be required to remove any currently existing improvements located in the Subleased Premises upon the expiration of the term hereof.▇▇▇▇▇▇▇▇▇ Phone: 904-854-▇▇▇▇

Appears in 1 contract

Sources: Sublease (Fidelity National Title Group, Inc.)