THAT SUBTENANT SHALL BE
OBLIGATED TO COMPLY WITH ALL APPLICABLE LAWS, INCLUDING THE ADA, AND SHALL BE
RESPONSIBLE FOR COMPLIANCE WITH THE ADA FOR ANY ALTERATIONS TO THE SUBLEASE
PREMISES MADE BY SUBTENANT, INCLUDING THE TENANT IMPROVEMENTS;
7.
THE ENTIRETY OF EACH OF THE SECOND AMENDMENT, THIRD AMENDMENT AND FOURTH
AMENDMENT; AND
8.
ALL REFERENCES TO "TENANT'S PRO-RATA SHARE," "TENANT IMPROVEMENTS," AND
"TENANT WORK LETTER."
C.
DURING THE TERM, SUBTENANT SHALL NOT BE REQUIRED TO MAINTAIN CASUALTY
INSURANCE POLICIES AND COVERAGES WITH RESPECT TO THE SUBLEASE PREMISES AND
SUBTENANT SHALL BE NAMED AS AN ADDITIONAL INSURED UNDER SUCH POLICIES MAINTAINED
BY SUBLANDLORD (TO THE EXTENT OF SUBTENANT'S INTEREST IN THE SUBLEASE PREMISES),
EVIDENCE OF SUCH COVERAGE TO BE IN THE FORM OF A CERTIFICATE OF INSURANCE
PROVIDED BY SUBLANDLORD TO SUBTENANT; PROVIDED, HOWEVER, SUCH POLICIES AND
COVERAGES MAINTAINED BY SUBLANDLORD WITH RESPECT TO THE BUILDINGS AND THE
SUBLEASE PREMISES SHALL NOT INCLUDE COVERAGE FOR SUBTENANT'S PERSONAL PROPERTY
AND SUBTENANT, AT ITS SOLE COST AND EXPENSE, SHALL MAINTAIN SUCH POLICIES AND
COVERAGES WITH RESPECT TO ITS PERSONAL PROPERTY AS IT MAY ELECT.
DURING THE
TERM, SUBTENANT SHALL MAINTAIN POLICIES OF INSURANCE AS REQUIRED PURSUANT TO
PARAGRAPH 12.1 OF THE MASTER LEASE (INCLUDING FIRE INSURANCE COVERING THE TENANT
IMPROVEMENTS AND THE FF&E (AS DEFINED BELOW)), WHICH COVERAGE SHALL BE SUBJECT
TO ANY REQUIRED WAIVERS OF SUBROGATION AS ARE DESCRIBED UNDER PARAGRAPH 12.5 OF
THE MASTER LEASE.
ALL SUCH POLICIES SHALL NAME SUBLANDLORD, LANDLORD AND ANY
OTHER PARTY REQUIRED TO BE SO NAMED UNDER THE MASTER LEASE AS ADDITIONAL
INSUREDS THEREUNDER AND SHALL BE WITH CARRIERS REASONABLY ACCEPTABLE TO
SUBLANDLORD AND, IN ALL EVENTS, IN ACCORDANCE WITH THE REQUIREMENTS OF THE
MASTER LEASE.
SUBTENANT HEREBY WAIVES ALL RIGHTS OF SUBROGATION AGAINST
SUBLANDLORD WITH RESPECT TO CLAIMS COVERED BY THE PROPERTY INSURANCE CARRIED BY
SUBTENANT PURSUANT TO THE TERMS OF THIS SUBLEASE.
D.
SUBLANDLORD AND SUBTENANT ACKNOWLEDGE THAT THIS SUBLEASE IS OF SHORT
DURATION IN RELATION TO THE TERM OF THE MASTER LEASE AND, AS A RESULT, THE
PARTIES DO NOT INTEND THAT, AS BETWEEN SUBLANDLORD AND SUBTENANT, SUBTENANT
SHALL BE REQUIRED TO COMPLY WITH ANY OBLIGATIONS OR REQUIREMENTS UNDER THE
MASTER LEASE (EXCEPT THOSE WHICH ARE
4
SPECIFICALLY REFERENCED AS AN OBLIGATION OF SUBTENANT UNDER THIS SUBLEASE) WHICH
ARE OF A CHARACTER OR NATURE AS IS REASONABLY DETERMINED TO BE INCONSISTENT WITH
THE SCOPE AND TERM OF OCCUPANCY OF THE SUBLEASE PREMISES BY SUBTENANT UNDER THIS
SUBLEASE.
IN THE EVENT OF A DISPUTE REGARDING SUBTENANT'S OBLIGATION TO COMPLY
WITH ANY SUCH OBLIGATIONS OR REQUIREMENTS OF THE MASTER LEASE, AS BETWEEN
SUBLANDLORD AND SUBTENANT, THE DETERMINATION OF THE APPLICABILITY OF SUCH
OBLIGATIONS OR REQUIREMENTS SHALL BE MADE BY SUBLANDLORD AND SUBTENANT IN GOOD
FAITH WITH REFERENCE TO CURRENT STATUTORY AND CASE LAW IN CALIFORNIA
INTERPRETING THE RELATIVE OBLIGATIONS OF A LANDLORD AND TENANT IN CIRCUMSTANCES
SIMILAR TO THE SUBLEASE WITH RESPECT TO THE NATURE OF THE OBLIGATION FOR WHICH
COMPLIANCE IS SOUGHT.
9.
SUBTENANT'S OBLIGATIONS.
SUBTENANT COVENANTS AND AGREES THAT ALL
OBLIGATIONS OF