HEREBY CONSENTS TO THE INSTALLATION OF SAME UPON THE FOLLOWING TERMS
AND CONDITIONS:
(I) SUBTENANT SHALL OBTAIN THE APPROVAL OF LANDLORD AND
SUBLANDLORD WITH RESPECT TO ALL ASPECTS OF THE INSTALLATION OF SUCH SATELLITE
DISH, INCLUDING, WITHOUT LIMITATION, THE PLANS AND SPECIFICATIONS THEREFOR, THE
MANNER OF INSTALLATION OF SAME AND THE LOCATION OF SAME; AND (II) THE RIGHT
GRANTED TO SUBTENANT HEREUNDER SHALL BE
18
SUBJECT TO ALL OF THE TERMS AND CONDITIONS OF THE PRIME LEASE.
IN ADDITION TO
SUCH SATELLITE DISH, SUBLANDLORD ACKNOWLEDGES AND AGREES THAT SUBTENANT MAY
DESIRE TO INSTALL A CENTRAL MECHANICAL PLANT ON THE ROOF OF THE PREMISES AND SO
LONG AS THE SUBTENANT OBTAINS THE CONSENT OF LANDLORD AND SUBLANDLORD AS TO THE
PLANS AND SPECIFICATIONS FOR SAME AS WELL AS ALL ASPECTS OF THE INSTALLATION OF
SAME AND OBTAINS ALL NECESSARY APPROVALS UNDER THE PRIME LEASE, SUBTENANT SHALL
BE PERMITTED TO UTILIZE THE ROOF OF THE PREMISES TO INSTALL SUCH A CENTRAL
MECHANICAL PLANT.
25.
SIGNAGE.
SUBLANDLORD AND SUBTENANT HEREBY
ACKNOWLEDGE AND AGREE THAT SO LONG AS SUBTENANT IS NOT IN DEFAULT UNDER THIS
SUBLEASE PAST ANY CURE PERIOD PROVIDED HEREIN, SUBTENANT SHALL BE GRANTED THE
RIGHT PROVIDED TO SUBLANDLORD, AS TENANT UNDER THE PRIME LEASE, TO INSTALL THE
BUILDING SIGN AS SET FORTH IN SECTION 31 OF THE PRIME LEASE, SUBJECT TO THE
FOLLOWING TERMS AND CONDITIONS:
(I)
IN NO EVENT SHALL SUBTENANT BE PERMITTED
TO INSTALL SUCH BUILDING SIGN UNLESS AND UNTIL SUBTENANT OBTAINS ANY AND ALL
NECESSARY APPROVALS IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, THE
APPROVAL OF LANDLORD, SUBLANDLORD AND ANY NECESSARY GOVERNMENTAL ENTITY OR
AGENCY HAVING JURISDICTION OVER THE PREMISES;
(II)
SUBTENANT SHALL COMPLY WITH ALL OF THE
TERMS AND PROVISIONS OF THE LEASE AND THIS SUBLEASE IN CONNECTION WITH THE
INSTALLATION OF SAME.
26.
COUNTERPART; EXECUTION.
THIS SUBLEASE MAY
BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED AND
DELIVERED SHALL BE DEEMED TO BE AN ORIGINAL AND ALL OF WHICH COUNTERPARTS TAKEN
TOGETHER SHALL CONSTITUTE BUT ONE AND THE SAME INSTRUMENT.
SIGNATURE PAGES MAY
BE DETACHED FROM THE COUNTERPARTS AND ATTACHED TO A SINGLE COPY OF THIS SUBLEASE
TO PHYSICALLY FORM ONE DOCUMENT.
THIS SUBLEASE MAY ALSO BE DELIVERED BY
TELEFACSIMILE AND ANY SIGNATURE OF A PARTY ON A TELEFACSIMILE COPY SHALL BE
BINDING.
ANY PARTY DELIVERING AN EXECUTED COUNTERPART OF THIS SUBLEASE BY
TELEFACSIMILE SHALL ALSO DELIVER BY OVERNIGHT SERVICE TO THE OTHER PARTY OR
PARTIES AN ORIGINAL COUNTERPART OF THIS SUBLEASE, PROVIDED THE FAILURE TO
DELIVER AN ORIGINAL COUNTERPART SHALL NOT AFFECT THE VALIDITY, ENFORCEABILITY
AND BINDING EFFECT OF THIS SUBLEASE.
19
IN WITNESS WHEREOF, Sublandlord and Subtenant have executed this Sublease as of
the date aforesaid.
SUBLANDLORD
GATEWAY, INC.
a Delaware corporation
By:
Its:
Sr. Director
SUBTENANT
NUVASIVE, INC.
a Delaware corporation
By:
/s/ Kevin O'Boyle
Its:
CFO
[SIGNATURE PAGE TO SUBLEASE
BETWEEN GATEWAY, INC. & NUVASIVE, INC.]
EXHIBIT A
PRIME LEASE
A-1
EXHIBIT B
INTENTIONALLY OMITTED
B-1
EXHIBIT E
CONSENT AGREEMENT
E-1