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Sublessor as tenant under the Primary Lease and all obligations of Sublessee under the <br />Use Agreement. <br />C. Utilities. Sublessee will make all arrangements for and will pay, <br />prior to delinquency, all charges for gas, water, wastewater, trash, electricity, light, heat, <br />air conditioning, power, cable television, telephone and other communication services, <br />and all other utilities and similar services rendered or supplied to the Premises. <br />D. Use of Premises. The Premises may be used by Sublessee only for <br />purposes permitted under the Primary Lease and for no other purpose. <br />E. Ownership of Improvements. Sublessee hereby acknowledges and <br />agrees that Sublessor will be and remain the owner of all improvements constructed <br />upon the Premises, as the same may be altered, expanded and /or improved from time <br />to time, during the Term and thereafter (subject only to the terms of the Primary Lease). <br />Sublessor will retain and have all rights to depreciation deductions and tax credits <br />arising from Sublessor's ownership of the Improvements. Upon expiration or earlier <br />termination of this Sublease, Sublessee will have no further rights with respect to the <br />improvements or interest therein. <br />6. Relationship to Lease and Use Documents. <br />A. Obligations Under Lease and Use Documents. Sublessee hereby <br />(a) assumes and agrees to perform all obligations of Sublessor as tenant under the <br />Primary Lease relating to the Premises, (b) agrees to perform all obligations of <br />Sublessee under the Use Agreement, and (c) agrees to abide by and comply with all of <br />the provisions of the Primary Lease during the Term, except that: (i) the payment of rent <br />and other charges by Sublessee will be replaced by the provisions of Sections 3 and 4 <br />of this Sublease; and (ii) Sublessee will have no option to renew or extend the Term <br />(the availability of any renewal or extension options under the Primary Lease <br />notwithstanding. Sublessee hereby acknowledges that Sublessee has read and is <br />familiar with the terms and conditions of the Primary Lease, and Sublessee further <br />hereby acknowledges and agrees that, except as otherwise set forth in this Sublease, <br />(a) this Sublease is and will be and remain expressly subject to all of the terms and <br />conditions of the Primary Lease, as well as all of the terms and conditions of the Use <br />Agreement, and (b) except as otherwise specifically set forth in this Sublease, <br />Sublessor expressly retains and reserves all rights and benefits applicable to Sublessor <br />as tenant under the Primary Lease. <br />B. Incorporation of Lease and Use Documents. Except as specifically <br />excluded from application to Sublessee pursuant to Section 6A hereinabove, the <br />provisions of the Primary Lease are fully incorporated into this Sublease. In the event of <br />any conflict between the provisions of the Primary Lease and the provisions contained <br />in this Sublease, the provisions of the Primary Lease will be controlling. Sublessee <br />hereby agrees to be bound to Sublessor by, and to comply with all of the terms and <br />conditions of, the Lease and Use Documents and to assume toward Sublessor and <br />perform all of the covenants, obligations and responsibilities that Sublessor by the <br />F1 <br />1205992.2 <br />M <br />