PRESIDING JUDGE OF THE SAN FRANCISCO SUPERIOR COURT TO MAKE SUCH SELECTION.
SUCH APPRAISER SHALL COMPLETE AN APPRAISAL WITHIN THE NEXT THIRTY (30) DAYS.
THE APPRAISER SHALL SELECT THE RENTAL FIGURE NAMED BY SUBLANDLORD OR SUBTENANT
WHICH SUCH APPRAISER FEELS MOST NEARLY APPROXIMATES THE FAIR MARKET RENTAL VALUE
OF THE SUBLEASE PREMISES.
THE APPRAISER MAY NOT SELECT ANY OTHER FIGURE.
THE
DECISION OF THE APPRAISER SHALL BE FINAL AND BINDING. THE COST OF THE APPRAISAL
SHALL BE SHARED EQUALLY BY SUBLANDLORD AND SUBTENANT.
UNLESS THE PARTIES AGREE
ON LESSER QUALIFICATIONS, TO BE APPOINTED AS AN APPRAISER THE PERSON SO
APPOINTED SHALL HOLD THE PROFESSIONAL DESIGNATION MAI AWARDED BY THE AMERICAN
INSTITUTE OF REAL ESTATE APPRAISERS OR SUCH DESIGNATION AS MAY THEN BE THE
PREEMINENT PROFESSIONAL DESIGNATION, HOLD ANY LICENSES WHICH MAY THEN BE
REQUIRED BY LAW AND HAVE AT LEAST THREE YEARS CURRENT EXPERIENCE IN APPRAISAL OF
COMMERCIAL PROPERTIES IN THE SAN FRANCISCO BAY AREA. UNTIL THE APPRAISAL IS
COMPLETED SUBTENANT SHALL CONTINUE TO PAY THE SUBTENANT'S BASE RENT FOR THE LAST
MONTH OF THE FIRST EXTENSION TERM.
(V)
NOTICE TO SUBLANDLORD AND SUBTENANT.
AFTER
THE SECOND EXTENSION TERM INITIAL BASE RENT FOR THE FIRST YEAR OF THE SECOND
EXTENSION TERM HAS BEEN SET BY THE APPRAISER PURSUANT TO SUBPARAGRAPH (IV)
ABOVE, THE APPRAISER SHALL NOTIFY SUBLANDLORD AND SUBTENANT IMMEDIATELY AND
SUBLANDLORD AND SUBTENANT SHALL IMMEDIATELY EXECUTE AN AMENDMENT TO THIS
SUBLEASE CONFIRMING THE SECOND EXTENSION TERM INITIAL BASE RENT AS SO DETERMINED
AS THE SUBTENANT'S BASE RENT FOR THE FIRST YEAR OF THE SECOND EXTENSION TERM
(AND ANY INCREASES THERETO).
(VI)
BASE RENT THIRD EXTENSION TERM.
BASE RENT
DURING THE THIRD EXTENSION TERM SHALL BE DETERMINED THROUGH THE PROCESS SET
FORTH ABOVE, WITH REFERENCES THEREIN TO "SECOND EXTENSION TERM" MEANING "THIRD
EXTENSION TERM" AND REFERENCES THEREIN TO "FIRST EXTENSION TERM" MEANING "SECOND
EXTENSION TERM."
8
6.
INCORPORATION OF MASTER LEASE.
(A)
THIS SUBLEASE IS SUBJECT TO ALL OF THE
TERMS AND CONDITIONS OF THE MASTER LEASE, ALL OF WHICH ARE HEREBY INCORPORATED
BY REFERENCE.
EXCEPT AS PROVIDED IN PARAGRAPH 6(E) BELOW, ALL REFERENCES IN THE
MASTER LEASE TO "LANDLORD" AND "TENANT" SHALL, FOR PURPOSES OF INCORPORATION
THEREOF INTO THIS SUBLEASE, MEAN AND REFER TO SUBLANDLORD AND SUBTENANT,
RESPECTIVELY.
SUBTENANT HEREBY AGREES TO BE BOUND BY THE TERMS OF THE MASTER
LEASE AND, WITH RESPECT TO THE SUBLEASE PREMISES, HEREBY ASSUMES AND AGREES TO
PAY, PERFORM AND OBSERVE FOR THE BENEFIT OF MASTER LANDLORD AND SUBLANDLORD,
EACH AND ALL OF THE LIABILITIES, OBLIGATIONS, COVENANTS, CONDITIONS AND
RESTRICTIONS TO BE PAID, PERFORMED OR OBSERVED BY SUBLANDLORD, AS TENANT, UNDER
THE MASTER LEASE, EXCEPT TO THE EXTENT ANY OF THE SAME ARE HEREIN EXPRESSLY
ACKNOWLEDGED NOT TO CONSTITUTE AN OBLIGATION OF SUBTENANT.
WITHOUT LIMITING THE
FOREGOING, SUBTENANT SHALL NOT COMMIT OR PERMIT TO BE COMMITTED ON THE SUBLEASE
PREMISES ANY ACT OR OMISSION WHICH SHALL VIOLATE ANY TERM, COVENANT OR CONDITION
OF THE MASTER LEASE.
(B)
NOTWITHSTANDING THE FOREGOING, WHENEVER ANY
PROVISION OF THE MASTER LEASE INCORPORATED HEREIN SPECIFIES A TIME