What is the ISDA master agreement?

Legal Documents: How enforceable is a provision in a sublease agreement incorporating the terms of the master lease agreement between the prime tenant and the master landlord?

• Looking for some general thoughts about the enforceability of a provision like the one here: https://www.docracy.com/4743/residential-sublease-agreement My thoughts are that even though its merely boilerplate language, it might at least be of some help to resolving any internal issues in a really short-term sublease (1-3 months). If something went really wrong, might not be enforceable against the subletting parties on the basis that they never actually agreed to any of the master leases provisions. But for such a small sum and time period, I wonder if there is any risk to such a provision, so long as the critical terms of the sublease are included in the sublease agreement itself. Not looking for, or offering, any legal advice. Just thoughts on such provisions in general.

• Answer:

  I am not aware of any reason why such a clause would not be enforceable.  You note that the subletting parties "never actually agreed to any of the master lease provisions," but the sublease states the contrary.  In the end, perhaps what you are trying to say is that the parties could not have possibly agreed to such terms as they did not know what they were.  Obviously, the sublessor is a party to the master lease and has notice of its terms.  For that reason, the recommended practice, and which was done in the form you provided, is for sublessor to not only provide a copy of the master lease to sublessee, but to attach a copy of the master lease to the sublease and expressly incorporate its terms by reference.  That would prevent the sublessee from making the argument that it could not be bound by terms for which it was unaware.    Moreover, we would typically provide that the sublessee is subject to the terms of the master lease as if it were the original lessee.  Of course, the sublease would control over rent and other provisions specific between lessor and lessee.  To Dana's excellent point, yes, such "short-hand" could result in some issues as to what was really intended by the parties, but given the short-term nature of the sublease, many would make that trade-off in favor of lower legal fees.   The other thing that is missing from this form is the effect of any terms of the sublease which conflict with the master lease.  Since the sublease is subject to the master lease, it is typical to provide that any provision of the sublease that conficts with the master lease is void.   Disclaimer:  All of my responses on Quora are subject to the Disclaimer set forth in my Quora Profile.