SHALL ALSO BE
ENTITLED TO ADDITIONALLY REDUCE THE AMOUNT OF THE LETTER OF CREDIT TO THE
MINIMUM AMOUNT AT SUCH TIME AS SUBTENANT PROVIDES WRITTEN NOTICE AND
17
EVIDENCE TO SUBLANDLORD (WHICH IS REASONABLY SATISFACTORY TO SUBLANDLORD) THAT
THE NET WORTH OF SUBTENANT IS EQUAL TO OR GREATER THAN TWENTY MILLION DOLLARS
($20,000,000.00) AND THAT SUBTENANT HAS MAINTAINED SUCH NET WORTH FOR A MINIMUM
PERIOD OF NOT LESS THAN TWELVE (12) CONSECUTIVE MONTHS IMMEDIATELY PRIOR TO SUCH
ACCELERATED REDUCTION (THE "ACCELERATED REDUCTION").
AT SUCH TIME AS SUBTENANT
HAS MET THE CONDITIONS FOR THE ACCELERATED REDUCTION AND PROVIDED SUBLANDLORD
WITH THE REPLACEMENT LETTER OF CREDIT IN THE MINIMUM AMOUNT, SUBLANDLORD SHALL
RETURN THE THEN HELD LETTER OF CREDIT TO SUBTENANT.
22.
FURNITURE AND FIXTURES.
SUBTENANT HEREBY
COVENANTS AND AGREES THAT IT SHALL HAVE THE RIGHT TO USE ALL OF THE FURNITURE
AND FIXTURES LOCATED IN THE PREMISES AND SCHEDULED ON THE SCHEDULE ATTACHED TO
THE SUBLEASE AS EXHIBIT "C" THROUGHOUT THE TERM OF THE SUBLEASE AT NO COST OR
EXPENSE TO SUBTENANT.
UPON THE EXPIRATION OF THE TERM OF THIS SUBLEASE,
SUBTENANT SHALL PURCHASE THE FFE FROM SUBLANDLORD FOR A COST OF $1.00 PURSUANT
TO A FORM OF BILL OF SALE ATTACHED TO THIS SUBLEASE AS EXHIBIT "D".
SUBLANDLORD
AND SUBTENANT ACKNOWLEDGE AND AGREE THAT SUBLANDLORD IS PROVIDING SUCH FFE TO
SUBTENANT FOR ITS USE IN AN AS-IS BASIS WITHOUT REPRESENTATION OR WARRANTY OF
ANY KIND WHATSOEVER, INCLUDING THE DISCLAIMER OF ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER THING OR NATURE
WHATSOEVER EXCEPT (I) SUBLANDLORD HAS MERCHANTABLE TITLE TO SUCH ITEMS AND (II)
SUCH ITEMS ARE CONVEYED FREE AND CLEAR OF ANY LIENS OR SECURITY INTERESTS OF
LANDLORD OR ANY OTHER PARTY.
23.
PARKING.
DURING THE TERM OF THIS SUBLEASE,
SO LONG AS SUBTENANT IS NOT IN DEFAULT UNDER THIS SUBLEASE, SUBTENANT AND ITS
EMPLOYEES SHALL BE ENTITLED TO USE SUBTENANT'S PERCENTAGE SHARE OF THE PARKING
RIGHTS GRANTED TO SUBLANDLORD AS TENANT, UNDER THE PRIME LEASE, INCLUDING,
WITHOUT LIMITATION, THE TERMS AND PROVISIONS OF SECTION 4.G. OF THE PRIME
LEASE.
SUBTENANT ACKNOWLEDGES AND AGREES THAT ITS RIGHT TO USE SUCH PARKING
AREA SHALL BE UPON THE TERMS AND CONDITIONS SET FORTH IN THE PRIME LEASE,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL RULES AND REGULATIONS PROMULGATED BY
LANDLORD WITH RESPECT THERETO.
SUBLANDLORD ALSO AGREES, PROVIDED SUBTENANT HAS
OBTAINED THE CONSENT OF LANDLORD THERETO AND SUBLANDLORD AS TO THE PLANS AND
SPECIFICATIONS FOR SAME AS WELL AS ALL ASPECTS OF THE INSTALLATION OF SAME,
SUBTENANT SHALL HAVE THE RIGHT AT ITS SOLE COST AND EXPENSE TO INSTALL A
SECURITY BOOTH AND/OR GATE CONTROL WITH RESPECT TO PARKING AREA PURSUANT TO THE
PROVISIONS OF SECTION 4G OF THE PRIME LEASE.
24.
ROOF RIGHTS.
SUBLANDLORD AND SUBTENANT
ACKNOWLEDGE AND AGREE THAT SUBTENANT MAY DESIRE, AT ITS SOLE COST AND EXPENSE,
TO INSTALL A SATELLITE DISH ON THE ROOF OF THE BUILDING.
SO LONG AS SUBTENANT
IS NOT IN DEFAULT UNDER THIS SUBLEASE PAST ANY CURE PERIOD PROVIDED HEREIN,
SUBLANDLORD