Landlord may also make certain leasehold improvements from time to time
for the benefit of Tenant. The parties will agree from time to time on
additional payments to be made to Landlord by Tenant to reimburse Landlord for
Any rent or other sums payable by Tenant under this Article 4 shall be
additional rent and collectable as such. If Landlord shall receive any refund of
additional rent, Tenant shall be entitled to the return of so much thereof as
shall be attributable to prior payments by Tenant.
5. This lease is subject to and subordinate to the Prime Lease. Except
as may be inconsistent with the terms hereof, all the terms, covenants, and
conditions in the Prime Lease contained shall be applicable to this Agreement
with the same force and effect as if Landlord were the lessor under the Prime
Lease and Tenant were the lessee thereunder; and in case of any breach hereof by
Tenant, Landlord shall have all the rights against Tenant as would be available
to the lessor against the lessee under the Prime Lease if such breach were by
the lessee thereunder.
6. Notwithstanding anything herein contained, the only services or
rights to which Tenant is entitled hereunder are those to which Landlord is
entitled under the Prime Lease and that for all such services and rights Tenant
will look to the lessor under the Prime Lease.
7. Tenant shall neither do nor permit anything to be done which would
cause the Prime Lease to be terminated or forfeited by reason of any right of
termination or forfeiture reserved or vested in the lessor under the Prime
Lease, and Tenant shall indemnify and hold Landlord harmless from and against
all claims of any kind whatsoever by reason of any breach or default on the part
of Tenant by reason of which the Prime Lease may be terminated or forfeited.
8. Tenant represents that it has read and is familiar with the terms of
the Prime Lease.