OR UTILITIES, MAKE SUCH
REPAIRS OR RESTORATIONS, COMPLY WITH SUCH LAWS OR REQUIREMENTS, OR TAKE SUCH
ACTION, NOR SHALL SUBTENANT MAKE ANY CLAIM UPON SUBLANDLORD FOR ANY DAMAGES,
COSTS
3
OR EXPENSES WHICH ARISE BY REASON OF THE NEGLIGENCE, WHETHER BY OMISSION OR
COMMISSION, OR INTENTIONAL, WILLFUL OR TORTIOUS ACTS OF LANDLORD.
FURTHERMORE,
SUBLANDLORD SHALL HAVE NO LIABILITY TO SUBTENANT BY REASON OF ANY INCONVENIENCE,
ANNOYANCE, INTERRUPTION OR INJURY TO BUSINESS OR OPERATIONS ARISING FROM
LANDLORD'S MAKING ANY REPAIRS, ALTERATIONS OR CHANGES WHICH LANDLORD IS REQUIRED
OR PERMITTED BY THE MASTER LEASE, OR REQUIRED BY LAW, TO MAKE IN OR TO ANY
PORTION OF THE BUILDING AND/OR THE PREMISES, OR IN OR TO THE FIXTURES, EQUIPMENT
OR APPURTENANCES OF THE BUILDING AND/OR THE PREMISES.
7.
REMEDIES.
IN ADDITION TO SUCH RIGHTS
AND REMEDIES AS IT MAY HAVE PURSUANT TO APPLICABLE LAW, IF SUBTENANT SHALL
DEFAULT UNDER THIS SUBLEASE, SUBLANDLORD SHALL HAVE AGAINST SUBTENANT ALL OF THE
RIGHTS AND REMEDIES GRANTED TO LANDLORD PURSUANT TO THE MASTER LEASE IN THE
EVENT OF A DEFAULT BY SUBLANDLORD, AS TENANT UNDER THE MASTER LEASE.
IN
ADDITION TO THE OTHER RIGHTS SUBLANDLORD MAY HAVE UNDER THE MASTER LEASE (AS
INCORPORATED IN THIS SUBLEASE), THIS SUBLEASE OR PURSUANT TO APPLICABLE LAW, IF
SUBTENANT SHALL FAIL TO TIMELY PERFORM ANY OF ITS OBLIGATIONS UNDER THIS
SUBLEASE, THEN SUBLANDLORD SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, WITHOUT
NOTICE TO SUBTENANT IN A CASE OF EMERGENCY AND OTHERWISE AFTER TEN (10) BUSINESS
DAYS NOTICE TO SUBTENANT, WITHOUT WAIVING OR RELEASING SUBTENANT FROM ANY
OBLIGATIONS HEREUNDER, TO PERFORM ANY SUCH OBLIGATION OF SUBTENANT IN SUCH
MANNER AND TO SUCH EXTENT AS SUBLANDLORD SHALL REASONABLY DEEM NECESSARY.
SUBTENANT SHALL PAY TO SUBLANDLORD UPON DEMAND ANY AND ALL COSTS INCURRED BY
SUBLANDLORD IN SO DOING, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND
COSTS, TOGETHER WITH INTEREST THEREON (COMPOUNDED MONTHLY) AT A RATE OF INTEREST
EQUAL TO THE LESSER OF TWELVE PERCENT (12%) PER ANNUM OR THE HIGHEST LEGAL RATE
FROM THE DATE SUCH COSTS WERE INCURRED UNTIL THE DATE SUBLANDLORD IS REIMBURSED.
8.
PROVISIONS OF THE MASTER LEASE.
(A)
THIS SUBLEASE IS IN ALL RESPECTS SUBJECT TO
THE TERMS AND CONDITIONS OF THE MASTER LEASE.
EXCEPT AS OTHERWISE PROVIDED IN
THIS SUBLEASE, THE TERMS, PROVISIONS, COVENANTS, STIPULATIONS, CONDITIONS,
RIGHTS, OBLIGATIONS, REMEDIES AND AGREEMENTS CONTAINED IN THE MASTER LEASE ARE
INCORPORATED IN THIS SUBLEASE BY REFERENCE AND ARE MADE A PART HEREOF AS IF
HEREIN SET FORTH AT LENGTH AND EACH AND EVERY PROVISION, TERM, CONDITION AND
COVENANT OF THE MASTER LEASE BINDING UPON OR INURING TO THE BENEFIT OF LANDLORD
THEREUNDER SHALL, IN RESPECT OF THIS SUBLEASE, BIND OR INURE TO THE BENEFIT OF
SUBLANDLORD AGAINST SUBTENANT, AND EACH PROVISION OF THE MASTER LEASE BINDING
UPON OR INURING TO THE BENEFIT OF SUBLANDLORD, AS TENANT THEREUNDER SHALL, IN
RESPECT OF THIS SUBLEASE, BIND OR INURE TO THE BENEFIT OF SUBTENANT AGAINST
SUBLANDLORD, WITH THE SAME FORCE AND EFFECT AS THOUGH THOSE PROVISIONS WERE
COMPLETELY SET FORTH IN THIS DOCUMENT.
FOR