OCCURRENCE.
(F)
ADDITIONAL REQUIREMENTS.
ANY ASSIGNEE OF
TENANT'S RIGHTS UNDER THIS LEASE SHALL BE DEEMED TO HAVE ASSUMED ALL OF TENANT'S
OBLIGATIONS HEREUNDER WITH RESPECT TO THE PREMISES FROM AND AFTER THE DATE OF
SUCH ASSIGNMENT WITHOUT THE EXECUTION OF ANY DOCUMENTATION WHATSOEVER; PROVIDED,
HOWEVER, TENANT SHALL DELIVER TO LANDLORD, WITHIN TEN (10) DAYS FOLLOWING ANY
ASSIGNMENT PURSUANT TO THIS SECTION 9, A COPY OF THE ASSIGNMENT AGREEMENT AND AN
AGREEMENT OR AGREEMENTS, EXECUTED BY TENANT AND THE ASSIGNEE, WHEREIN AND
WHEREBY ANY ASSIGNEE ASSUMES PAYMENT AND DUE PERFORMANCE OF ALL COVENANTS, TERMS
AND CONDITIONS OF THIS LEASE TO BE DONE AND PERFORMED FOR THE BALANCE THEN
REMAINING IN THE LEASE TERM OF THIS LEASE.
A COPY OF THE SUBLEASE AND AN
AGREEMENT OR AGREEMENTS, IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO
LANDLORD, SHALL BE DELIVERED TO LANDLORD, SIGNED BY TENANT AND THE SUBLESSEE,
WHEREBY THE SUBLESSEE ACKNOWLEDGES THE RIGHT OF LANDLORD TO CONTINUE OR
TERMINATE ANY SUBLEASE, IN LANDLORD'S SOLE DISCRETION, UPON TERMINATION OF THIS
LEASE, AND SUCH SUBLESSEE AGREES TO RECOGNIZE AND ATTORN TO LANDLORD IN THE
EVENT THAT LANDLORD ELECTS UNDER SUCH CIRCUMSTANCES TO CONTINUE SUCH SUBLEASE.
(G)
RESULTS OF ASSIGNMENT OR SUBLEASE.
TENANT
SHALL PAY TO LANDLORD FIFTY PERCENT (50%) OF ALL PROFITS (AS DEFINED BELOW) FROM
ANY ASSIGNMENT OR SUBLEASE EXCLUDING ANY PERMITTED TRANSFER.
FOR PURPOSES OF
THIS LEASE "PROFITS" SHALL MEAN ALL GROSS REVENUE AND INCOME (INCLUDING WITHOUT
LIMITATION THE VALUE OF ANY PROPERTY) RECEIVED BY TENANT IN CONNECTION WITH THE
ASSIGNMENT OR SUBLEASE LESS: (I) THE MONTHLY RENTAL AND ANY ADDITIONAL RENT
ACTUALLY PAID TO LANDLORD BY TENANT DURING THE TERM OF THE ASSIGNMENT OR
SUBLEASE, (II) ANY IMPROVEMENT ALLOWANCE OR ECONOMIC CONCESSION PAID BY TENANT
TO THE ASSIGNEE OR SUBLESSEE, (III) ANY BROKER'S COMMISSIONS, ATTORNEYS' FEES
AND LEASE TAKEOVER PAYMENTS PAID BY TENANT IN CONNECTION WITH THE ASSIGNMENT OR
SUBLEASE, AND (IV) ANY COSTS PAID BY TENANT TO ADVERTISE THE PREMISES FOR
SUBLEASE OR ASSIGNMENT.
THE PROFITS SHALL BE PAID TO LANDLORD WITHIN FIFTEEN
(15) BUSINESS DAYS FOLLOWING TENANT'S RECEIPT THEREOF.
17
10.
INSURANCE AND
INDEMNIFICATION.
(A)
TENANT'S INSURANCE.
TENANT SHALL PROCURE
AT ITS EXPENSE AND MAINTAIN THROUGHOUT THE LEASE TERM (I) A POLICY OR POLICIES
OF ALL RISK, REAL AND PERSONAL PROPERTY INSURANCE INSURING TENANT'S INTEREST IN
ITS IMPROVEMENTS TO THE PREMISES, AND ANY AND ALL FURNITURE, EQUIPMENT,
SUPPLIES, AND OTHER PROPERTY (EXCLUDING DOCUMENTATION AND PROFESSIONAL WORK
PRODUCT) OWNED, LEASED, HELD OR POSSESSED BY IT AND CONTAINED THEREIN, SUCH
INSURANCE COVERAGE TO BE IN AN AMOUNT EQUAL TO THE FULL REPLACEMENT VALUE OF
SUCH IMPROVEMENTS AND PROPERTY, AS SUCH MAY INCREASE FROM TIME TO TIME (BUT SUCH
INSURANCE MAY PROVIDE FOR A COMMERCIALLY REASONABLE DEDUCTIBLE OBTAINABLE AT
COMMERCIALLY REASONABLE COST), (II) A POLICY OR POLICIES OF WORKERS'
COMPENSATION INSURANCE, IF ANY, AS REQUIRED BY APPLICABLE LAW, AND (III) DURING
ANY PERIOD IN WHICH TENANT PERFORMS WORK IN THE PREMISES, BUILDER'S RISK
INSURANCE FOR THE FULL REPLACEMENT VALUE OF ALL WORK AND IMPROVEMENTS
CONSTRUCTED OR INSTALLED BY TENANT IN THE PREMISES.