WAS EXERCISED.
FOR PURPOSES OF THIS SECTION 31.24,
"INITIAL BASE RENT" SHALL MEAN THE ANNUAL BASE RENT IN EFFECT DURING THE
EXTENSION PERIOD UNTIL THE FIRST ADJUSTMENT DATE DURING SUCH EXTENSION PERIOD.
61
ARTICLE 32.
OVERLEASES
32.01
OVERLEASES.
THIS ARTICLE 32 APPLIES SPECIFICALLY TO EACH PROPERTY
LOCATION THAT IS A LEASEHOLD PROPERTY, AND SHALL APPLY, REGARDLESS OF THE
IDENTITY OF THE OVERLANDLORD.
BECAUSE THIS LEASE IS A SUBLEASE AS TO EACH OF
THE LEASEHOLD PROPERTIES, THIS ARTICLE 32 INCLUSIVE SHALL BE APPLICABLE ONLY TO
A LEASEHOLD PROPERTY.
THE FOLLOWING PROVISIONS ARE IN ADDITION TO THE OTHER
PROVISIONS OF THIS LEASE WHICH APPLY TO ALL OF THE PROPERTY LOCATIONS, INCLUDING
THE LEASEHOLD PROPERTIES, AND THESE FOLLOWING PROVISIONS SHALL NOT SUBSTITUTE
FOR OR REPLACE THE OTHER PROVISIONS IN THIS LEASE, EXCEPT TO THE EXTENT THE
FOLLOWING PROVISIONS CONFLICT WITH THE OTHER PROVISIONS IN THIS LEASE, IN WHICH
CASE THESE FOLLOWING PROVISIONS SHALL GOVERN AS TO A LEASEHOLD PROPERTY:
(A)
NO LEASEHOLD PROPERTY SHALL BE USED OR OCCUPIED, OR PERMITTED OR
SUFFERED TO BE USED OR OCCUPIED, BY LANDLORD OR TENANT OR ANY PARTY CLAIMING BY
OR THROUGH LANDLORD OR TENANT FOR ANY USE, PURPOSE OR ACTIVITY WHICH IS NOT
PERMITTED BY THE OVERLEASE FOR SUCH LEASEHOLD PROPERTY.
(B)
TENANT, INSOFAR AS APPLICABLE TO THE PREMISES, SHALL AT ITS SOLE
EXPENSE, (I) COMPLY WITH THE OVERLEASES, AND WITH ALL APPLICABLE LEGAL
REQUIREMENTS PURSUANT TO THE OVERLEASES, AND (II) NOTWITHSTANDING THE
REQUIREMENTS OF ARTICLE 6, COMPLY PURSUANT TO THE OVERLEASES WITH THE
REQUIREMENTS OF ALL POLICIES OF INSURANCE OF WHATSOEVER NATURE WHICH ARE
REQUIRED TO BE MAINTAINED PURSUANT TO THE OVERLEASES.
(C)
TENANT ACKNOWLEDGES THAT THIS LEASE, AND TENANT'S OCCUPANCY OF A
LEASEHOLD PROPERTY, ARE SUBJECT TO AND SUBORDINATE TO THE APPLICABLE OVERLEASE.
TENANT AGREES THAT THE TERMS, COVENANTS, PROVISIONS AND CONDITIONS OF THE
OVERLEASES APPLYING TO LANDLORD AS THE TENANT THEREUNDER SHALL APPLY DIRECTLY TO
TENANT, AND TENANT HEREBY DOES AND SHALL ASSUME AND PERFORM FULLY ALL THE
DUTIES, OBLIGATIONS, LIABILITIES AND UNDERTAKINGS OF LANDLORD AS THE TENANT
UNDER EACH AND ALL OF THE OVERLEASES, INCLUDING AS RENT UNDER THIS LEASE,
PAYMENT OF ALL THE FIXED, BASIC RENTS AND ADDITIONAL RENTS AND ANY AND ALL OTHER
PAYMENTS TO BE MADE PURSUANT TO THE OVERLEASES, WHETHER ARISING BEFORE, ON OR
AFTER THE EFFECTIVE DATE.
IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS,
COVENANTS, PROVISIONS AND CONDITIONS OF ANY SUCH OVERLEASE AND THE TERMS,
COVENANTS, PROVISIONS AND CONDITIONS OF THIS LEASE AS THE SAME APPLIES TO THE
PREMISES OR COMMON AREAS ON A LEASEHOLD PROPERTY, IN THAT THE OVERLEASE IMPOSES
AN OBLIGATION OR LIABILITY ON THE TENANT THEREUNDER (AND THEREFORE ON TENANT
UNDER THIS LEASE BY VIRTUE OF TENANT'S ASSUMPTION THEREOF) WHICH IS STRICTER OR
BROADER OR MORE ONEROUS OR NOT COVERED BY THIS LEASE, THEN, EVEN THOUGH THE
SUBJECT MATTER MAY BE ONE WHICH IS THE SAME IN BOTH THE OVERLEASE AND THIS
LEASE, THE TERMS, COVENANTS, PROVISIONS AND CONDITIONS OF THE OVERLEASE WITH
RESPECT TO SUCH OBLIGATION OR LIABILITY SHALL CONTROL