UPON
THE REPRESENTATIONS AND AGREEMENTS CONTAINED IN THIS SUBLEASE.
38.
COUNTERPARTS.
THIS SUBLEASE MAY BE EXECUTED
IN COUNTERPARTS WITH THE SAME EFFECT AS IF BOTH PARTIES HERETO HAD EXECUTED THE
SAME DOCUMENT.
BOTH COUNTERPARTS SHALL BE CONSTRUED TOGETHER AND SHALL
CONSTITUTE A SINGLE SUBLEASE.
39.
ESTOPPEL CERTIFICATES.
SUBLESSEE AGREES,
FROM TIME TO TIME, WITHIN FIFTEEN (15 BUSINESS DAYS AFTER SUBLESSEE'S RECEIPT OF
A REQUEST OF SUBLESSOR OR PRIME LESSOR, TO EXECUTE AND DELIVER TO SUBLESSOR, OR
SUBLESSOR'S DESIGNEE, AN ESTOPPEL CERTIFICATE STATING, TO THE BEST OF
SUBLESSEE'S KNOWLEDGE WITHOUT INQUIRY, THAT THIS SUBLEASE IS IN FULL FORCE AND
EFFECT, THE DATE TO WHICH RENT HAS BEEN PAID, THAT SUBLESSOR IS NOT IN DEFAULT
THEREUNDER (OR SPECIFYING IN DETAIL THE NATURE OF SUBLESSOR'S DEFAULT), AND THE
TERMINATION DATE OF THIS SUBLEASE.
40.
TIME IS OF THE ESSENCE.
TIME IS OF THE
ESSENCE OF THIS SUBLEASE.
41.
MISCELLANEOUS.
41.1
SEVERABILITY.
IF ANY CLAUSE OR PROVISION OF THIS
SUBLEASE IS DETERMINED TO BE ILLEGAL, INVALID OR UNENFORCEABLE UNDER PRESENT OR
FUTURE LAWS EFFECTIVE DURING THE FULL SUBLEASE TERM, THEN AND IN THAT EVENT, IT
IS THE INTENTION OF THE PARTIES HERETO THAT THE REMAINDER OF THIS SUBLEASE SHALL
NOT BE AFFECTED THEREBY, AND THAT IN LIEU OF SUCH ILLEGAL, INVALID OR
UNENFORCEABLE CLAUSE OR PROVISION THERE SHALL BE SUBSTITUTED A CLAUSE OR
PROVISION AS SIMILAR IN TERMS TO SUCH ILLEGAL, INVALID OR UNENFORCEABLE CLAUSE
OR PROVISION AS MAY BE POSSIBLE AND BE LEGAL, VALID AND ENFORCEABLE.
41.2
NO WAIVER.
NO FAILURE OF SUBLESSOR OR SUBLESSEE
TO EXERCISE ANY POWER GIVEN SUBLESSOR OR SUBLESSEE HEREUNDER OR TO INSIST UPON
STRICT COMPLIANCE BY SUBLESSOR OR SUBLESSEE WITH ITS OBLIGATIONS HEREUNDER, AND
NO CUSTOM OR PRACTICE OF THE PARTIES AT VARIANCE WITH THE TERMS HEREOF SHALL
CONSTITUTE A WAIVER OF SUBLESSOR'S OR SUBLESSEE'S RIGHTS TO DEMAND EXACT
COMPLIANCE WITH THE TERMS HEREOF.
41.3
AMENDMENTS.
THIS SUBLEASE CONTAINS THE ENTIRE
AGREEMENT OF THE PARTIES HERETO AS TO THE SUBJECT MATTER OF THIS SUBLEASE AND NO
PRIOR REPRESENTATIONS, INDUCEMENTS, LETTERS OF INTENT, PROMISES OR AGREEMENTS,
ORAL OR OTHERWISE, BETWEEN THE PARTIES NOT EMBODIED HEREIN SHALL BE OF ANY FORCE
AND EFFECT.
ANY FUTURE AMENDMENT TO THIS SUBLEASE MUST BE IN WRITING AND SIGNED
BY THE PARTIES HERETO.
THE MASCULINE (OR NEUTER) PRONOUN, SINGULAR NUMBER SHALL
INCLUDE THE MASCULINE, FEMININE AND NEUTER GENDER AND THE SINGULAR AND PLURAL
NUMBER.
41
41.4
CAPTIONS.
THE CAPTIONS OF THIS SUBLEASE ARE FOR
CONVENIENCE ONLY AND ARE NOT A PART OF THIS SUBLEASE, AND DO NOT IN ANY WAY
DEFINE, LIMIT, DESCRIBE OR AMPLIFY THE TERMS OR PROVISIONS OF THIS SUBLEASE OR
THE SCOPE OR INTENT THEREOF.
41.5
GOVERNMENT LAW.
THIS SUBLEASE SHALL BE
INTERPRETED UNDER THE LAWS OF THE STATE OF CALIFORNIA.
41.6
CONSTRUCTION.
THE PARTIES ACKNOWLEDGE THAT THIS
SUBLEASE IS THE RESULT OF NEGOTIATIONS BETWEEN THE PARTIES, AND IN CONSTRUING
ANY AMBIGUITY HEREUNDER NO PRESUMPTION SHALL BE MADE IN FAVOR OF EITHER PARTY.
NO INFERENCE SHALL BE MADE FROM ANY ITEM WHICH HAS BEEN STRICKEN FROM THIS
SUBLEASE OTHER THAN