Common use of By Sublandlord Clause in Contracts

By Sublandlord. Sublandlord agrees that it will perform its obligations under the Master Lease during the Term and will not amend or modify the Master Lease in any way or knowingly take any action under the Master Lease which would increase Sublandlord’s obligations hereunder (other than in a de minimus way, such as requiring Subtenant to send notices to an additional address, etc.) or materially adversely affect Subtenant’s rights hereunder. Without limitation, Sublandlord agrees that it will not terminate the Master Lease without the prior written consent of Subtenant, except as Sublandlord may be entitled to terminate the Master Lease in the event of casualty or condemnation. Sublandlord represents to Subtenant that the Master Lease is in full force and effect and Sublandlord has neither given nor received a notice of default under the Master Lease. Sublandlord agrees to comply with the obligations under the Master Lease and not to perform any act which constitutes a default under the Master Lease, indemnify Subtenant against and hold Subtenant harmless from claims, demands, actions, proceedings, suits, liabilities, losses, judgments, expenses (including attorneys’ fees) and damages arising out of Sublandlord’s default under the Master Lease (provided that such default is not the result of the act or omission of Subtenant in violation of the terms of this Sublease or the Master Lease). As of the date of this Sublease, Sublandlord has not received any notice from governmental authorities that (x) the Building is the subject of any pending condemnation or eminent domain proceeding or (y) the Building is not in compliance with applicable laws (as enacted and enforced as of the date of this Sublease) in any material manner.

Appears in 1 contract

Samples: Commencement Agreement (Glu Mobile Inc)

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By Sublandlord. Sublandlord agrees that it will perform its obligations under the Master Lease during the Term and will not amend or modify the Master Lease in any way or knowingly take any action under the Master Lease which would increase SublandlordSubtenant’s obligations hereunder (other than in a de minimus way, such as requiring Subtenant to send notices to an additional address, etc.) or materially adversely affect Subtenant’s rights hereunder. Without limitation, Sublandlord agrees that it will not terminate the Master Lease without the prior written consent of Subtenant, except as Sublandlord may be entitled to terminate the Master Lease in the event of casualty or condemnation. Sublandlord represents to Subtenant that the Master Lease is in full force and effect and Sublandlord has neither given nor received a notice of default under the Master Lease. Sublandlord agrees Subject to comply with the obligations under provisions of Section 9.D of the Original Master Lease as incorporated herein by reference by Section 8.2 below and not to perform any act which constitutes a default under the Master Leaseprovisions of clause (b) of Section 13 below, indemnify Subtenant against Sublandlord shall indemnify, defend, protect and hold harmless Subtenant harmless from claimsfrom, demands, actions, proceedings, suitsall damages, liabilities, losses, judgmentsclaims, expenses (including attorneys’ fees) , costs and damages expenses arising out from the negligence or willful misconduct of Sublandlord or its agents or contractors or a breach of Sublandlord’s default obligations under the Master Lease (provided that such default is not the result of the act or omission of Subtenant in violation of the terms of this Sublease or the Master Lease). As of the date of this Sublease, Sublandlord has not received any notice from governmental authorities that (x) the Building is the subject of any pending condemnation or eminent domain proceeding or (y) the Building is not in compliance with applicable laws (as enacted and enforced as of the date of this Sublease) in any material manner.

Appears in 1 contract

Samples: Commencement Agreement (NeurogesX Inc)

By Sublandlord. Sublandlord agrees that it will perform its obligations under the Master Lease during the Term and will not amend or modify the Master Lease in any way or knowingly take any action under the Master Lease which would increase SublandlordSubtenant’s obligations hereunder (other than in a de minimus way, such as requiring Subtenant to send notices to an additional address, etc.) or materially adversely affect Subtenant’s rights hereunder. Without limitation, Sublandlord agrees that it will not terminate the Master Lease without the prior written consent of Subtenant, except as Sublandlord may be entitled to terminate the Master Lease in the event of casualty or condemnation. Sublandlord represents Subject to Subtenant that the provisions of Section 9.D of the Original Master Lease is in full force as incorporated herein by reference by Section 8.2 below and effect and to the provisions of clause (b) of Section 13 below, Sublandlord has neither given nor received a notice of default under the Master Lease. Sublandlord agrees to comply with the obligations under the Master Lease and not to perform any act which constitutes a default under the Master Leaseshall indemnify, indemnify Subtenant against defend, protect and hold harmless Subtenant harmless from claimsfrom, demands, actions, proceedings, suitsall damages, liabilities, losses, judgmentsclaims, expenses (including attorneys’ fees) , costs and damages expenses arising out from the negligence or willful misconduct of Sublandlord or its agents or contractors or a breach of Sublandlord’s default obligations under the Master Lease (provided that such default is not the result of the act or omission of Subtenant in violation of the terms of this Sublease or the Master Lease). As of the date of this Sublease, Sublandlord has not received any notice from governmental authorities that (x) the Building is the subject of any pending condemnation or eminent domain proceeding or (y) the Building is not in compliance with applicable laws (as enacted and enforced as of the date of this Sublease) in any material manner.

Appears in 1 contract

Samples: Pain Therapeutics Inc

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By Sublandlord. Sublandlord agrees that it will perform its obligations under the Master Lease during the Term and will not amend or modify the Master Lease in any way or knowingly take any action under the Master Lease which would increase SublandlordSubtenant’s obligations hereunder (other than in a de minimus way, such as requiring Subtenant to send notices to an additional address, etc.) or materially adversely affect Subtenant’s rights hereunder. Without limitation, Sublandlord agrees that it will not terminate the Master Lease without the prior written consent of Subtenant, except as Sublandlord may be entitled to terminate the Master Lease in the event of casualty or condemnation. Sublandlord represents to Subtenant that the Master Lease is in full force and effect and Sublandlord has neither given nor received a notice of default under the Master Lease. Sublandlord agrees Except as expressly set forth herein, Subject to comply with the obligations under provisions of Section 10.4 of the Original Master Lease as incorporated herein by reference by Section 6.2 below and not to perform any act which constitutes a default under the Master Leaseprovisions of clause (b) of Section 12 below, indemnify Subtenant against Sublandlord shall indemnify, defend, protect and hold harmless Subtenant harmless from claimsfrom, demands, actions, proceedings, suitsall damages, liabilities, losses, judgmentsclaims, expenses (including attorneys’ fees) , costs and damages expenses arising out from the negligence or willful misconduct of Sublandlord or its agents or contractors or a breach of Sublandlord’s default obligations under the Master Lease (provided that such default is not the result of the act or omission of Subtenant in violation of the terms of this Sublease or the Master Lease). As of the date of this Sublease, Sublandlord has not received any notice from governmental authorities that (x) the Building is the subject of any pending condemnation or eminent domain proceeding or (y) the Building is not in compliance with applicable laws (as enacted and enforced as of the date of this Sublease) in any material manner.

Appears in 1 contract

Samples: Office Lease (NeurogesX Inc)

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