CLAIMS OF ANY KIND WHATSOEVER BY REASON
OF BREACH OR DEFAULT ON THE PART OF SUBLANDLORD, OR TERMINATION OR FORFEITURE
WHICH IS THE CONSEQUENCE OF ANY SUCH BREACH OR DEFAULT.
11.
TERMS OF OVERLEASE.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN
THIS SECTION 11 AND IN SECTIONS 12, 13, 14, AND 15, AS BETWEEN THE PARTIES
HERETO, ALL OF THE TERMS, PROVISIONS, COVENANTS AND CONDITIONS OF THE OVERLEASE
ARE INCORPORATED HEREIN BY REFERENCE AND HEREBY MADE A PART OF THIS SUBLEASE.
HOWEVER, FOR PURPOSES OF SUCH INCORPORATION BY REFERENCE, ALL REFERENCES TO
LANDLORD AND TENANT SHALL BE DEEMED REFERENCES TO SUBLANDLORD AND SUBTENANT,
RESPECTIVELY, ALL REFERENCES TO THE PREMISES OR THE DEMISED PREMISES SHALL BE
DEEMED REFERENCES TO THE PREMISES AS DEFINED IN THIS SUBLEASE, AND ALL
REFERENCES TO THE TERM OF THE OVERLEASE SHALL BE DEEMED REFERENCES TO THE TERM
OF THIS SUBLEASE.
SUBTENANT SHALL BE ENTITLED TO THE SAME NOTICE AND CURE
PERIODS, LESS THREE (3) BUSINESS DAYS, AS SUBLANDLORD IS AFFORDED PURSUANT TO
SECTIONS 19.1.1, 19.1.2 AND 19.1.3 OF THE OVERLEASE.
ANY NOTICE RIGHT PROVIDED
TO SUBTENANT UNDER THIS SECTION 11 IS TO BE PROVIDED BY SUBLANDLORD;
OVERLANDLORD DOES NOT HAVE ANY OBLIGATION TO NOTIFY SUBTENANT IF NOTICE UNDER
THE OVERLEASE IS DELIVERED TO SUBLANDLORD IN ACCORDANCE THEREWITH.
SUBLANDLORD
SHALL HAVE ALL OF THE RIGHTS OF THE OVERLANDLORD UNDER THE OVERLEASE AS AGAINST
SUBTENANT AND SUBTENANT SHALL BE ENTITLED TO ALL THE RIGHTS AND PRIVILEGES
CONFERRED ON SUBLANDLORD AS TENANT UNDER THE OVERLEASE, AND, AS BETWEEN THE
PARTIES HERETO, SUBTENANT AGREES TO OBSERVE AND PERFORM ALL OF THE TERMS,
COVENANTS AND CONDITIONS ON SUBLANDLORD'S PART TO BE OBSERVED AND PERFORMED
UNDER THE OVERLEASE, EXCEPT AS OTHERWISE PROVIDED IN THIS SUBLEASE.
12.
OVERLANDLORD'S SERVICES AND OBLIGATIONS UNDER THE OVERLEASE.
NOTWITHSTANDING ANYTHING IN THIS SUBLEASE TO THE CONTRARY, INCLUDING WITHOUT
LIMITATION SECTION 11 HEREOF, SUBTENANT AGREES THAT SUBLANDLORD SHALL NOT BE
OBLIGATED TO FURNISH FOR SUBTENANT ANY SERVICES OF ANY NATURE WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, CLIMATE CONTROL, ELEVATOR SERVICE, CLEANING
SERVICES, SECURITY, ELECTRICAL ENERGY AND MISCELLANEOUS POWER SERVICES, WATER
AND OTHER PUBLIC UTILITIES AND CONSTRUCTION OF ANY IMPROVEMENTS AT THE PREMISES,
OR TO PERFORM ANY OF OVERLANDLORD'S OBLIGATIONS UNDER THE OVERLEASE, HOWEVER, IN
THE EVENT THAT OVERLANDLORD FAILS TO FURNISH ANY SERVICES REQUIRED BY IT TO BE
FURNISHED UNDER THE TERMS OF THE OVERLEASE, SUBLANDLORD AGREES TO USE
COMMERCIALLY REASONABLE EFFORTS TO CAUSE OVERLANDLORD TO FURNISH SAID SERVICES.
13.
SUBLANDLORD'S APPROVAL OF THE SUBTENANT'S ALTERATIONS AND
IMPROVEMENTS.
SUBLANDLORD HEREBY CONSENTS TO SUBTENANT MAKING THE ALTERATIONS
TO THE PREMISES DESCRIBED IN THE PLANS AND SPECIFICATIONS DESCRIBED ON
EXHIBIT D, ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE (THE "INITIAL
ALTERATIONS") AND TO THE PERFORMANCE OF SAID INITIAL ALTERATIONS BY SPEC PROCESS
ENGINEERING & CONSTRUCTION, INC. ("SPEC"), AND ACKNOWLEDGES AND AGREES THAT,
NOTWITHSTANDING ANY PROVISION CONTAINED IN THE OVERLEASE OR ELSEWHERE TO THE
CONTRARY, INCLUDING WITHOUT LIMITATION, THE PROVISIONS OF SECTION 8.5 OF THE
OVERLEASE, PURSUANT TO THE TRI-PARTY AGREEMENT, SUBTENANT SHALL HAVE NO
OBLIGATION TO REMOVE ANY OF SAID INITIAL ALTERATIONS