Consent To Sublease Page 10
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18succession of Master Lessor to the interest of Sublessor under the Sublease, and Master Lessor,
if it has sent such notice, shall accept such attornment subject to the limitations contained in this
Consent. Such attornment shall be effective upon receipt of written notice from Master Lessor
and shall be self-operative without the execution of any further instrument by either party hereto,
except Sublessee hereby agrees that it will promptly execute and deliver any instruments which
Master Lessor may reasonably request to evidence such attornment. The provisions of this
subparagraph (e) shall not limit Master Lessor’s remedies available against Sublessor pursuant to
the Master Lease or at law or in equity.
7.
Miscellaneous.
(a)
Notwithstanding Master Lessor's consent to the Sublease, Master Lessor
shall not be required to prorate taxes, common operating costs or other charges on account of the
Sublease, it being understood and agreed by Sublessor that any prorations of such amounts as
between Sublessor and Sublessee shall be the sole responsibility of Sublessor and Sublessee, and
Master Lessor need not be concerned therewith.
(b)
Time is of the essence of every provision hereof and of the Master Lease
of which time is an element, notwithstanding the time periods for performance or payment by
Sublessee set forth in the Sublease. Nothing in the Sublease shall supersede or have any effect
on the interpretation or enforcement of the Master Lease.
(c)
In the event that any provisions of this Consent shall be determined by a
court of competent jurisdiction to be invalid, void or illegal, or invalid, void or illegal as applied
to any person or circumstance, the remaining provisions hereof and/or the application of such
provision(s) to any person(s) and/or the application of such provision(s) to any person(s) and/or
circumstance(s) other than those as to which it is held to be invalid, void or illegal, shall
nevertheless remain in full force and effect to the maximum extent permitted by law and not be
affected thereby.
(d)
No provision of this Consent may be amended or added to except by an
instrument in writing signed and acknowledged by both of the parties hereto. Master Lessor's
prior written consent is required for (i) any further subleasing of the Leased Premises, including
the Subleased Premises, (ii) any assignment of the
Sublease or the
Master Lease, and (iii) any
amendment to or modification of the Sublease.
(e)
Any notice required or permitted to be made or given to Master Lessor or
to Sublessor under this Consent shall be in writing and shall be given in the manner and to the
addresses set forth in the Master Lease. Any notice to Sublessee permitted or required hereunder
shall be given to Sublessee in the manner and at its address set forth in the Sublease attached
hereto, or to such other address as Sublessee may direct by written notice to Master Lessor.
Sublessor and Sublessee shall each deliver to Master Lessor copies of all notices delivered or
required to be delivered to the other party under the Sublease, including without limitation
notices of default and exercise of options. In addition, Sublessor shall deliver to Master Lessor,
within ten (10) days after the expiration of the term of the Sublease, notice that Sublessee is
holding over (it being understood, however, that Master Lessor shall have the right to terminate
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