Agmt98 J & S Management - She - Laserfiche WebLink

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(a) release or discharge Tenant from any liability whether past, present or future, under the Master Lease; (b) operate as an approval by Landlord to or for any of the specific tenns, covenants, conditions, provisions or agreements of the Sublease or as a representation or warranty by Landlord, and Landlord shall not be bound or estopped thereby; (c) be construed to modify, waive or affect any of the teons, covenants, conditions, provisions or agreements of the Master Lease, or to waive any present or future breach thereof, or any of Landlord's rights, or to enlarge or increase Landlord's obligations; (d) be construed as a consent by Landlord to any further subletting either by Tenant or by Subtenant or to any assignment by Tenant of the Master Lease or assignment by Subtenant of the Sublease, whether or not the Sublease purports to pennit the same. Subtenant shall have the right on five (5) days advance written notice to Master Landlord and Sublandlord to assign this Sublease to the successor entity of the Subtenant in the event of a merger or acquisition provided that the successor entity has an equal or greater net worth as Subtenant. (e) be deemed to create a privity of contract between Landlord and Subtenant, to make Subtenant a third party beneficiary of the provisions of the Master Lease, or to create or pennit any direct right of action by Subtenant against Landlord for breach of the covenant of quiet enjoyment or any other covenant of Landlord Wider the Master Lease. 4. Any breach or violation of any provision of the Master Lease by Subtenant shall be deemed to be and shall constitute a default by Tenant in fulfilling such provision. Tenant shall not be released from any liability under the Master Lease because of Landlord's failure to give notice of default under or in respect of any of the teons, covenants, conditions, provisions or agreements of the Master Lease. 5. In the event of Tenant's default Wtder the provisions of the Master Lease, the rent due fÌ'om Subtenant under the Sublease shall be deemed assigned to Landlord and Landlord shall have the right Wtder such default, at any time at its option, to give notice to Subtenant of such assignment. Landlord shall credit Tenant with any rent received by Landlord under such assignment but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever serve to 2