8x8 1998 Annual Report Download - page 67

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Landlord's consent is required under the Lease, including, without limitation, any Alterations under the Lease.
4. Tenant's Continuing Liability. Tenant shall be liable to Landlord for any default under the Lease, whether such default is caused by Tenant
or Subtenant or anyone claiming by or through either Tenant or Subtenant but the foregoing shall not be deemed to restrict or diminish any
right which Landlord may have against Subtenant pursuant to the Lease, in law or in equity for violation of the Lease or otherwise, including,
without limitation, the right to enjoin or otherwise restrain any violation of the Lease by Subtenant.
5. Default by Tenant under the Lease. If Tenant defaults under the Lease, Landlord may elect to receive directly from Subtenant all sums due or
payable to Tenant by Subtenant pursuant to the Sublease. Upon written notice from Landlord, Subtenant shall thereafter pay to Landlord any
and all sums due or payable under the Sublease. In such event Tenant shall receive from Landlord a corresponding credit for such sums against
any payments then due or thereafter becoming due from Tenant.
6. Termination of Lease. If at any time prior to the expiration of the term of the Sublease the Lease shall terminate or be terminated for any
reason, the Sublease shall simultaneously terminate. However, Subtenant agrees, at the election and upon written demand of Landlord, and not
otherwise, to attorn to Landlord for the remainder of the term of the Sublease, such attornment to be upon all of the terms and conditions of the
Lease, except that the Base Rent set forth in the Sublease shall be substituted for the Base Rent set forth in the Lease and the computation of
Additional Rent as provided in the Lease shall be modified as set forth in the Sublease. The foregoing provisions of this paragraph shall apply
notwithstanding that as a matter of law, the Sublease may otherwise terminate upon the termination of the Lease and shall be self-operative
upon such written demand of the Landlord, and no further instrument shall be required to give effect to said provisions. Upon the demand of
Landlord, however, Subtenant agrees to execute, from time to time, documents in confirmation of the foregoing provisions of this paragraph
satisfactory to Landlord in which Subtenant shall acknowledge such attornment and shall set forth the terms and conditions of its tenancy.
7. Sublease Profits. Pursuant to Section 31 of the Lease, provided the Sublease remains in full force and effect, Tenant agrees to pay to
Landlord each month along with the base monthly rent due under the Lease, the sum of N/A representing Landlord's fifty percent (50%) share
of the amount by which the consideration received pursuant to the Sublease exceeds the amount due to Landlord under the Lease less the
reasonable subletting costs.
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