LANDLORD AND SUBLANDLORD JOINTLY
AND VOLUNTARILY ELECT, FOR ANY REASON WHATSOEVER, TO TERMINATE THE MASTER LEASE
PRIOR TO THE SCHEDULED MASTER LEASE TERMINATION DATE, THEN THIS SUBLEASE (IF
THEN STILL IN EFFECT) SHALL TERMINATE CONCURRENTLY WITH THE TERMINATION OF THE
MASTER LEASE.
SUBTENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT (1) THE
VOLUNTARY TERMINATION OF THE MASTER LEASE BY MASTER LANDLORD AND SUBLANDLORD AND
THE RESULTING TERMINATION OF THE SUBLEASE SHALL NOT GIVE SUBTENANT ANY RIGHT OR
POWER TO MAKE ANY LEGAL OR EQUITABLE CLAIM AGAINST MASTER LANDLORD, INCLUDING
WITHOUT LIMITATION, ANY CLAIM FOR INTERFERENCE WITH CONTRACT OR INTERFERENCE
WITH PROSPECTIVE ECONOMIC ADVANTAGE, AND (2) SUBTENANT HEREBY WAIVES ANY AND ALL
RIGHTS IT MAY HAVE UNDER LAW OR AT EQUITY AGAINST LANDLORD TO CHALLENGE SUCH AN
EARLY TERMINATION OF THE SUBLEASE AND UNCONDITIONALLY RELEASES AND RELIEVES
MASTER LANDLORD, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY AND
ALL CLAIMS, DEMANDS, AND/OR CAUSES OR ACTION WHATSOEVER (COLLECTIVELY,
"CLAIMS"), WHETHER SUCH MATTERS ARE KNOWN OR UNKNOWN, LATENT OR APPARENT,
SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE,
15
which Subtenant may have arising out of or in connection with any such early
termination of this Sublease.
Subtenant knowingly and intentionally waives any
and all protection which is or may be given by Section 1542 of the California
Civil Code which provides, as follows: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially
affected his settlement with debtor".
The term of the Sublease is therefore subject to early termination, Subtenant's
initials below evidence (a) Subtenant's consideration of and agreement to this
early termination provision, (b) Subtenant's acknowledgment that, in determining
the net benefits to be derived by Subtenant under the terms of his Sublease,
Subtenant has anticipated the potential for early termination, and (c)
Subtenant's agreement to the general waiver and release of Claims set forth
above.
Initials:
Sublandlord
Subtenant
13.
PERSONAL PROPERTY.
(A)
SUBTENANT SHALL HAVE THE USE OF
SUBLANDLORD'S EXISTING CUBICLES AND THE FURNITURE SET FORTH ON EXHIBIT C
ATTACHED HERETO (THE "PERSONAL PROPERTY") FOR THE SUBLEASE TERM AT NO ADDITIONAL
COST TO SUBTENANT.
AFTER SUBTENANT HAS HAD AN OPPORTUNITY TO INVENTORY THE
PERSONAL PROPERTY ACTUALLY LOCATED AT THE SUBLEASE PREMISES, COMPARE THE SAME
WITH EXHIBIT C, AND DETERMINE WHICH PERSONAL PROPERTY ITEMS SUBTENANT DESIRES TO
USE, BUT IN NO EVENT LATER THAN SIXTY (60) DAYS FOLLOWING THE SUBLEASE
COMMENCEMENT DATE, SUBTENANT SHALL PREPARE A REVISED EXHIBIT C, SUBJECT TO
TIMELY APPROVAL BY SUBLANDLORD, EXHIBIT C, AS SO REVISED, SHALL BE SUBSTITUTED
FOR EXHIBIT C INITIALLY ATTACHED HERETO.
SUBTENANT AND SUBLANDLORD SHALL
COOPERATE, TO REMOVE FROM THE SUBLEASE PREMISES ANY ITEMS WHICH WERE LISTED IN
THE INITIAL EXHIBIT C, BUT DELETED FROM THE REVISED EXHIBIT C.
SUBLANDLORD
SHALL ASSUME CONTROL OVER AND RESPONSIBILITY FOR SUCH ITEMS AND SUCH ITEMS SHALL
BE OMITTED FROM THE DEFINITION OF PERSONAL PROPERTY USED HEREUNDER FROM AND
AFTER THE DATE OF