(h), (o) and (q); 6(e), (f), (g), (h), (i),
(j), (k); 13(b); 19(a), 30(c), 30(d), 30(n), 31, 32(g), 34, 35, 36, 37, 38, 39,
40, 42, Exhibits B, E(9) (the following portions of the last line only: "in
excess of the Construction Allowance (as hereinafter defined)" and (10), F and
G.
For purposes of the following provisions of the Master Lease, the term
"Landlord," as used therein, shall mean Landlord only and not Sublandlord:
Section 10 (final sentence only); 11 (to the extent the "Landlord" therein is
required to furnish any work or services pursuant thereto; 12(a); 12(c) (the
final sentence only); 14(A)(ii and iv); 14(C); 15(B); 16 (to the extent the
"Landlord" therein is required to repair or restore; Exhibits D-1 and D-2.
(C)
IN ORDER TO FACILITATE THE COORDINATION OF
THE PROVISIONS OF THIS SUBLEASE WITH THOSE OF THE MASTER LEASE, THE TIME PERIODS
CONTAINED IN THE PROVISIONS OF THE MASTER LEASE THAT ARE INCORPORATED BY
REFERENCE INTO THIS SUBLEASE AND FOR WHICH THE SAME ACTION MUST BE TAKEN UNDER
BOTH THE MASTER LEASE AND THIS SUBLEASE (SUCH AS, FOR EXAMPLE AND WITHOUT
LIMITATION, THE TIME PERIOD FOR THE CURING OF A DEFAULT UNDER THIS SUBLEASE THAT
IS ALSO A DEFAULT UNDER THE MASTER LEASE, OR FOR THE RESPONSE TO A REQUEST BY
SUBTENANT TO SUBLANDLORD WHICH ALSO REQUIRES LANDLORD'S CONSENT), ARE CHANGED
FOR THE PURPOSE OF INCORPORATION BY REFERENCE BY SHORTENING OR LENGTHENING, AS
APPROPRIATE, THAT PERIOD IN EACH INSTANCE BY THREE (3) DAYS SUCH THAT IN EACH
INSTANCE SUBTENANT SHALL HAVE THAT MUCH LESS TIME TO OBSERVE OR PERFORM
HEREUNDER THAN SUBLANDLORD HAS, AS THE TENANT UNDER THE MASTER LEASE, AND
SUBLANDLORD SHALL HAVE THAT MUCH
5
MORE TIME TO OBSERVE, PERFORM, CONSENT, APPROVE, OR OTHERWISE ACT HEREUNDER THAN
LANDLORD HAS UNDER THE MASTER LEASE.
9.
INSURANCE.
(A)
SUBTENANT SHALL, AT ITS EXPENSE, OBTAIN AND
KEEP IN FORCE AND EFFECT DURING THE TERM OF THIS SUBLEASE SUCH INSURANCE AS IS
REQUIRED TO BE CARRIED BY SUBLANDLORD AS TENANT UNDER THE MASTER LEASE, TO THE
EXTENT APPLICABLE TO THE PREMISES.
SUCH INSURANCE SHALL NAME SUBLANDLORD,
LANDLORD AND SUCH OTHER PERSONS AS SUBLANDLORD SHALL REASONABLY DESIGNATE AS
ADDITIONAL INSUREDS.
(B)
ON OR PRIOR TO THE DATE SUBTENANT FIRST
ENTERS INTO THE PREMISES (WHETHER OR NOT FOR THE COMMENCEMENT OF ITS ORDINARY
BUSINESS IN THE PREMISES), SUBTENANT SHALL DELIVER TO SUBLANDLORD APPROPRIATE
CERTIFICATES OF INSURANCE, INCLUDING EVIDENCE OF THE WAIVER OF SUBROGATION
REQUIRED PURSUANT TO SECTION 14(B) OF THE MASTER LEASE AND COVERING SUBTENANT'S
CONTRACTUAL INDEMNITY PURSUANT TO PARAGRAPH 10 OF THIS SUBLEASE, AND THE
INSURANCE REQUIRED TO BE CARRIED BY SUBTENANT PURSUANT TO THIS PARAGRAPH 9.
EVIDENCE OF EACH RENEWAL OR REPLACEMENT OF A POLICY SHALL BE DELIVERED TO
SUBLANDLORD AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF SUCH POLICY.
10.
INDEMNITY.
IN ADDITION TO ANY
INDEMNIFICATION PROVISIONS INCORPORATED HEREIN FROM THE MASTER LEASE, SUBTENANT
SHALL INDEMNIFY LANDLORD AND SUBLANDLORD, AND LANDLORD'S AND SUBLANDLORD'S
RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS,
LENDERS AND MANAGING AGENTS