INSURANCE SHALL BE ISSUED BY SUCH COMPANIES AS ARE CUSTOMARILY CARRIED BY
SUBLESSEE WITH RESPECT TO OTHER PROPERTIES LEASED BY SUBLESSEE.
SUBLESSEE SHALL
NAME MASTER LESSOR AND SUBLESSOR AS ADDITIONAL INSUREDS UNDER ITS LIABILITY
INSURANCE POLICY.
12.
DEFAULT:
SUBLESSEE SHALL BE IN DEFAULT OF ITS OBLIGATIONS UNDER THIS
SUBLEASE IF SUBLESSEE FAILS TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS
SUBLEASE WITHIN THE NOTICE AND CURE PERIODS SET FORTH IN SECTION 20.1 OF THE
MASTER LEASE, AS INCORPORATED HEREIN.
13.
REMEDIES:
IN THE EVENT OF ANY DEFAULT BY SUBLESSEE, SUBLESSOR SHALL HAVE
ALL REMEDIES PROVIDED PURSUANT TO SECTION 20.2 OF THE MASTER LEASE, OR
INCORPORATED HEREIN, AND BY APPLICABLE LAW.
SIMILARLY, ANY REMEDY GRANTED TO
SUBLESSOR UNDER THE MASTER LEASE, AS INCORPORATED HEREIN, MAY BE EXERCISED BY
SUBLESSEE UNDER THIS SUBLEASE.
UPON THE OCCURRENCE OF ANY DAMAGE, DESTRUCTION
OR OTHER CIRCUMSTANCE IN WHICH THE RENT PAID BY SUBLESSOR UNDER THE MASTER LEASE
IS ABATED OR REDUCED PURSUANT TO THE TERMS THEREOF, THE RENT PAYABLE BY
SUBLESSEE HEREUNDER ALSO SHALL BE SIMILARLY, PROPORTIONATELY ABATED.
IN THE
EVENT OF ANY LITIGATION BETWEEN SUBLESSEE AND SUBLESSOR TO ENFORCE ANY PROVISION
OF THIS SUBLEASE OR OTHERWISE WITH RESPECT TO THE SUBJECT MATTER HEREOF, THE
UNSUCCESSFUL PARTY IN SUCH LITIGATION SHALL PAY TO THE SUCCESSFUL PARTY ALL
COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS,
INCURRED THEREIN BY THE SUCCESSFUL PARTY.
SUCH FEES SHALL INCLUDE, WITHOUT
LIMITATION, ANY FEES AND COSTS INCURRED IN CONNECTION WITH ANY BANKRUPTCY OR
OTHER SIMILAR PROCEEDING.
14.
SURRENDER:
PRIOR TO EXPIRATION OR EARLY TERMINATION OF THIS SUBLEASE,
SUBLESSEE SHALL REMOVE ALL OF ITS TRADE FIXTURES AND SHALL SURRENDER THE
PREMISES TO SUBLESSOR IN THE CONDITION RECEIVED BY SUBLESSEE, EXCEPT FOR
ORDINARY WEAR AND TEAR, COSMETIC ALTERATIONS AND OTHER ALTERATIONS APPROVED BY
MASTER LESSOR THAT MASTER LESSOR HAS NOT PROPERLY REQUIRED BE REMOVED.
IF THE
PREMISES ARE NOT SO SURRENDERED, THEN SUBLESSEE
5
SHALL BE LIABLE TO SUBLESSOR FOR ALL COSTS INCURRED BY SUBLESSOR IN RETURNING
THE PREMISES TO THE REQUIRED CONDITION.
IN NO EVENT SHALL SUBLESSEE BE REQUIRED
TO REMOVE ANY ALTERATIONS OR IMPROVEMENTS NOT INSTALLED OR MADE BY SUBLESSEE.
15.
BROKER:
SUBLESSOR AND SUBLESSEE EACH REPRESENT TO THE OTHER THAT THEY
HAVE DEALT WITH NO REAL ESTATE BROKERS, FINDERS, AGENTS OR SALESMEN OTHER THAN
THE STAUBACH COMPANY-SAN DIEGO, INC., REPRESENTING SUBLESSEE, AND CB RICHARD
ELLIS, REPRESENTING SUBLESSOR, IN CONNECTION WITH THIS TRANSACTION.
SUBLESSOR
SHALL BE RESPONSIBLE FOR THE PAYMENT OF COMMISSIONS DUE SUBLESSOR'S BROKER,
PURSUANT TO A SEPARATE WRITTEN AGREEMENT BETWEEN SUBLESSOR AND SUBLESSOR'S
BROKER, AND DUE THE STAUBACH COMPANY-SAN DIEGO, INC., PURSUANT TO THAT CERTAIN
COMMISSION AGREEMENT DATED AS OF SEPTEMBER 24, 2004 BETWEEN SUBLESSOR AND THE
STAUBACH COMPANY-SAN DIEGO, INC.
EXCEPT FOR THE COMMISSIONS PROVIDED ABOVE,
WHICH SHALL BE THE RESPONSIBILITY OF SUBLESSOR, EACH PARTY AGREES TO HOLD THE
OTHER PARTY HARMLESS FROM AND AGAINST ALL CLAIMS FOR BROKERAGE COMMISSIONS,
FINDER'S FEES OR OTHER COMPEN­SATION MADE BY ANY OTHER AGENT, BROKER, SALESMAN
OR FINDER AS A CONSEQUENCE OF SUCH PARTY'S ACTIONS OR DEALINGS WITH