IT HAS REVIEWED THE MASTER LEASE AND IS FAMILIAR WITH THE TERMS AND
CONDITIONS THEREOF.
B.
FOR THE PURPOSES OF INCORPORATION HEREIN, THE TERMS OF THE MASTER LEASE
ARE SUBJECT TO THE FOLLOWING ADDITIONAL MODIFICATIONS:
I.
IN ALL PROVISIONS OF THE MASTER LEASE (UNDER THE TERMS THEREOF AND
WITHOUT REGARD TO MODIFICATIONS THEREOF FOR PURPOSES OF INCORPORATION INTO THIS
SUBLEASE) REQUIRING THE APPROVAL OR CONSENT OF LANDLORD, SUBTENANT SHALL BE
REQUIRED TO OBTAIN THE APPROVAL OR CONSENT OF BOTH SUBLANDLORD AND LANDLORD.
3
II.
IN ALL PROVISIONS OF THE MASTER LEASE REQUIRING TENANT TO SUBMIT,
EXHIBIT TO, SUPPLY OR PROVIDE LANDLORD WITH EVIDENCE, CERTIFICATES, OR ANY OTHER
MATTER OR THING, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS OF PARAGRAPH 12.1
THEREOF, SUBTENANT SHALL BE REQUIRED TO SUBMIT, EXHIBIT TO, SUPPLY OR PROVIDE,
AS THE CASE MAY BE, THE SAME TO BOTH LANDLORD AND SUBLANDLORD.
IN ANY SUCH
INSTANCE, SUBLANDLORD SHALL DETERMINE IF SUCH EVIDENCE, CERTIFICATE OR OTHER
MATTER OR THING SHALL BE SATISFACTORY.
III.
IN THE EVENT OF ANY TAKING BY EMINENT DOMAIN OR CASUALTY TO THE SUBLEASE
PREMISES SUCH THAT SUBTENANT IS DEPRIVED OF THE USE AND OCCUPANCY OF GREATER
THAN FIFTY PERCENT (50%) OF THE SUBLEASE PREMISES FOR A PERIOD IN EXCESS OF
SIXTY (60) DAYS, SUBTENANT AND SUBLANDLORD SHALL EACH HAVE THE RIGHT TO
TERMINATE THIS SUBLEASE UPON NOT LESS THAN THIRTY (30) DAYS WRITTEN NOTICE TO
THE OTHER.
IN THE EVENT OF ANY SUCH TAKING BY EMINENT DOMAIN OR CASUALTY SUCH
THAT SUBTENANT IS DEPRIVED OF FIFTY PERCENT (50%) OR LESS OF THE USE AND
OCCUPANCY OF THE SUBLEASE PREMISES, OR IN THE EVENT SUBTENANT ELECTS TO CONTINUE
OCCUPANCY OF THE REMAINING PORTION OF THE SUBLEASE PREMISES AFTER THE OCCURRENCE
OF A TAKING OR CASUALTY GIVING SUBTENANT A RIGHT TO TERMINATE THIS SUBLEASE, THE
RENT SHALL BE PROPORTIONALLY REDUCED FOR THE PORTION OF THE TERM DURING WHICH
SUBTENANT IS PREVENTED FROM USING AND OCCUPYING THE DAMAGED OR TAKEN PORTION OF
THE SUBLEASE PREMISES.
SUBLANDLORD SHALL HAVE NO OBLIGATION TO RESTORE OR
REBUILD ANY PORTION OF THE SUBLEASE PREMISES AFTER ANY DESTRUCTION OR TAKING BY
EMINENT DOMAIN, AND SUBTENANT SHALL HAVE NO RIGHTS TO ANY PORTION OF THE AWARD
IN ANY EMINENT DOMAIN PROCEEDING AFFECTING THE SUBLEASE PREMISES.
IV.
THE FOLLOWING PROVISIONS OF THE MASTER LEASE SHALL NOT BE INCORPORATED
INTO THIS SUBLEASE:
1.
PARAGRAPHS 1.1, 1.3-1.8, INCLUSIVE, 1.10, 1.12, 4.1, 4.2, 4.5, 4.7, 6.1,
6.2, AND 17.7 OF THE ORIGINAL LEASE;
2.
ARTICLES 2, 3, 19, 30, 32, 37.3, 41 AND 42 OF THE ORIGINAL LEASE;
3.
PARAGRAPH 4.3(B)(15) OF THE ORIGINAL LEASE RELATING TO OPERATING EXPENSE
EXCLUSIONS, EXCEPT TO THE EXTENT SUCH COOLANT REPLACEMENT COSTS ARE NOT PASSED
THROUGH TO SUBLANDLORD AS TENANT;
4.
PARAGRAPH 5.2 OF THE ORIGINAL LEASE, SOLELY WITH RESPECT TO ANY
OBLIGATION OF SUBLANDLORD TO BRING THE BUILDINGS INTO COMPLIANCE WITH THE ADA;
5.
PARAGRAPHS 1-5, INCLUSIVE, 8, 10, 12 AND 14-18, INCLUSIVE, OF THE FIRST
AMENDMENT, AND EXHIBIT "B" OF THE FIRST AMENDMENT;
6.
PARAGRAPH 6 OF THE FIRST AMENDMENT, EXCEPT