(30) DAYS OF
SUBLANDLORD'S APPROVAL OF THE FINAL PLANS AND SHALL COMPLETE THE CONSTRUCTION OF
THE TENANT IMPROVEMENTS IN A GOOD, WORKMANLIKE AND LIEN-FREE MANNER IN
COMPLIANCE WITH ALL APPLICABLE LAWS, CODES AND PRIVATE RESTRICTIONS.
SUBTENANT
SHALL ONLY USE CONTRACTORS ACCEPTABLE TO SUBLANDLORD, IN ITS SOLE DISCRETION,
WHO SHALL MAINTAIN CUSTOMARY POLICIES OF "ALL RISK" INSURANCE WITH RESPECT TO
SUCH CONSTRUCTION WITH SUCH CARRIERS AND IN SUCH AMOUNTS AS ARE ACCEPTABLE TO
SUBLANDLORD IN ITS SOLE BUT REASONABLE DISCRETION CONSISTENT WITH CUSTOMARY
MARKET TERMS AND CONDITIONS COMMONLY REQUIRED BY LANDLORDS FOR INSTALLATION OF
WORK OF THE SIZE AND SCOPE OF THE TENANT IMPROVEMENTS, AND OTHERWISE MEETING THE
REQUIREMENTS OF THE MASTER LEASE.
ALL SUCH POLICIES SHALL NAME EACH OF
SUBLANDLORD AND LANDLORD AS "ADDITIONAL INSUREDS," EVIDENCE OF WHICH SHALL BE
PROVIDED TO SUBLANDLORD PRIOR TO COMMENCEMENT OF CONSTRUCTION.
SUBTENANT HEREBY
INDEMNIFIES, DEFENDS AND HOLDS SUBLANDLORD AND LANDLORD HARMLESS FROM AND
AGAINST ALL CLAIMS OR LIABILITIES ARISING FROM SUCH CONSTRUCTION.
C.
CHANGES.
IF SUBTENANT REQUIRES ANY CHANGE, ADDITION OR ALTERATION TO THE
FINAL PLANS ("CHANGES"), AND THE COST TO COMPLETE SUCH CHANGES, INDIVIDUALLY OR
IN THE AGGREGATE, IS EQUAL TO OR GREATER THAN FIFTY THOUSAND DOLLARS ($50,000),
SUBTENANT SHALL SUBMIT A WRITTEN REQUEST TO SUBLANDLORD SETTING FORTH IN
REASONABLE DETAIL THE DESCRIPTION OF THE PROPOSED CHANGE.
IF SUBLANDLORD
APPROVES SUCH CHANGES, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD ON THE
BASIS DESCRIBED IN SECTION 15(A), SUBTENANT SHALL, AT SUBTENANT'S SOLE COST AND
EXPENSE, PROMPTLY MAKE SUCH CHANGES.
D.
REMOVAL. SUBTENANT SHALL BE REQUIRED TO REMOVE THE TENANT IMPROVEMENTS
UPON THE SUBLEASE EXPIRATION DATE (OR EARLIER TERMINATION OF THIS SUBLEASE) TO
THE EXTENT SUCH REMOVAL IS REQUIRED BY LANDLORD OF SUBLANDLORD UNDER THE MASTER
LEASE.
8
21.
LIMITATION OF ESTATE.
SUBTENANT'S ESTATE SHALL IN ALL RESPECTS BE LIMITED
TO, AND BE CONSTRUED IN A FASHION CONSISTENT WITH, THE ESTATE GRANTED TO
SUBLANDLORD BY LANDLORD.
SUBTENANT SHALL STAND IN THE PLACE OF SUBLANDLORD AND
SHALL DEFEND, INDEMNIFY AND HOLD SUBLANDLORD HARMLESS WITH RESPECT TO ALL
COVENANTS, WARRANTIES, OBLIGATIONS, AND PAYMENTS MADE BY SUBLANDLORD UNDER OR
REQUIRED OF SUBLANDLORD BY THE MASTER LEASE WITH RESPECT TO THE SUBLEASE
PREMISES.
IN THE EVENT SUBLANDLORD IS PREVENTED FROM PERFORMING ANY OF ITS
OBLIGATIONS UNDER THIS SUBLEASE BY A BREACH BY LANDLORD OF A TERM OF THE MASTER
LEASE, THEN SUBLANDLORD'S SOLE OBLIGATION IN REGARD TO ITS OBLIGATION UNDER THIS
SUBLEASE SHALL BE TO USE REASONABLE EFFORTS IN DILIGENTLY PURSUING THE
CORRECTION OR CURE BY LANDLORD OF LANDLORD'S BREACH.
22.
ENTIRE AGREEMENT.
IT IS UNDERSTOOD AND ACKNOWLEDGED THAT THERE ARE NO
ORAL AGREEMENTS BETWEEN THE PARTIES HERETO AFFECTING THIS SUBLEASE AND THIS
SUBLEASE SUPERSEDES AND CANCELS ANY AND ALL PREVIOUS NEGOTIATIONS, ARRANGEMENTS,
BROCHURES, AGREEMENTS AND UNDERSTANDINGS, IF ANY, BETWEEN THE PARTIES HERETO OR
DISPLAYED BY SUBLANDLORD TO SUBTENANT WITH RESPECT TO THE SUBJECT MATTER
THEREOF, AND NONE THEREOF SHALL BE USED TO INTERPRET OR CONSTRUE THIS SUBLEASE.
THIS SUBLEASE, AND THE EXHIBITS AND SCHEDULES ATTACHED HERETO, CONTAIN ALL OF
THE TERMS, COVENANTS, CONDITIONS, WARRANTIES AND AGREEMENTS