Common use of Additional Terms and Conditions Applicable to Subletting Clause in Contracts

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 42 contracts

Sources: Annual Report, Form 10 K/A, Lease Agreement (Staar Surgical Company)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 35 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Cii Financial Inc), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.), Standard Industrial/Commercial Single Tenant Lease (Alphatec Holdings, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee’s then outstanding obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 11 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease Net (Cue Health Inc.), Lease Agreement (Cue Health Inc.), Standard Multitenant Office Lease (Unico American Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 10 contracts

Sources: Standard Multi Tenant Office Lease Gross (Ventyx Biosciences, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Organogenesis Holdings Inc.), Lease Agreement (Radiant Logistics, Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby absolutely and unconditionally assigns and transfers to Lessor Landlord all of LesseeTenant's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made entered into by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward LesseeTenant's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of LesseeTenant's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, Tenant may receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision this or any other assignment of such sublease rents to Lessor, Landlord nor by reason of the collection of the rents from a sublesseesubtenant, be deemed to have assumed or recognized any sublease or to be liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such sublessee subtenant under such Subleasesublease, including, but not limited to, Tenant's obligation to return any security deposit. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach default exists in the performance of LesseeTenant's obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to as they become due under the sublease. Sublessee Tenant agrees that such subtenant shall have the right to rely upon any such statement and request from Lessor Landlord, and that such subtenant shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee Tenant shall default in the performance of its obligations under this Lease, Lessor, Landlord at its option and without any obligation to do so, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor Tenant under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee subtenant to such sublessor Tenant or for any other prior defaults or breaches of such sublessor Tenant under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 9 contracts

Sources: Standard Office Lease (Echo Therapeutics, Inc.), Office Lease (Motivating the Masses Inc), Standard Office Lease (Emisphere Technologies Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 8 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Interwave Communications International LTD), Standard Industrial/Commercial Single Tenant Lease Net (Staar Surgical Company), Standard Industrial/Commercial Lease (Skechers Usa Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee▇▇▇▇▇▇'s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations, ▇▇▇▇▇▇ may collect said Rent. In the event that the amount collected by Lessor exceeds ▇▇▇▇▇▇'s then outstanding obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee▇▇▇▇▇▇'s obligations to such sublessee under such Subleasesublessee. Lessee ▇▇▇▇▇▇ hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee▇▇▇▇▇▇'s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee ▇▇▇▇▇▇ to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee ▇▇▇▇▇▇ for any such Defaults cured by the sublessee.

Appears in 7 contracts

Sources: Industrial/Commercial Multi Tenant Lease (Liquidmetal Technologies Inc), Standard Multi Tenant Office Lease (America Great Health), Standard Multi Tenant Office Lease (America Great Health)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee's obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 6 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease, Asset Purchase Agreement (Item 9 Labs Corp.), Industrial/Commercial Lease

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 6 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Exagen Inc.), Standard Multi Tenant Office Lease (Energy Vault Holdings, Inc.), Standard Multi Tenant Office Lease (America Great Health)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) (No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 4 contracts

Sources: Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.), Sublease Agreement (AltheaDx, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee’s obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 4 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Wesco Aircraft Holdings, Inc), Standard Industrial/Commercial Single Tenant Lease Net (Wesco Aircraft Holdings, Inc), Lease Agreement (Wesco Aircraft Holdings, Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in In the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease.. Initials:_______ _______ -11- (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessors prior written consent which may be withheld in Lessor's prior written consentsole discretion. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 4 contracts

Sources: Purchase and Sale Agreement (Artest Corp), Purchase and Sale Agreement (Artest Corp), Sublease Agreement (Artest Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part pan of the Premises and shall be deemed included in Included In all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in Interest In all rentals and income Income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income Income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in In Paragraph 13.1) shall occur in In the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in In this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach Breech by Lessee in In the performance of its obligations under this Lease, Lessor, at its Its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall shell have the right to cure the Default of Lessee within the grace period, if 11 any, specified in In such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 4 contracts

Sources: Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp), Lease Agreement (Amexdrug Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublesseesublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee subleases under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor sublessee or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor subleases shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 4 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc), Standard Industrial/Commercial Single Tenant Lease Gross (Boyds Wheels Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part party of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:; (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations obligation to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes irrevocably, authorized and directs any such sublesseesublease, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Leaselease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee Sublease shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exits, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 3 contracts

Sources: Lease Agreement (Cumetrix Data Systems Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Cumetrix Data Systems Corp), Lease Agreement (Cumetrix Data Systems Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until unless a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. contrary Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 3 contracts

Sources: Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc), Assignment and Assumption of Sublease (Marimba Inc)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Lessor shall has consented, Lessor agrees to deliver a copy of any notice of Default or Breach default by Lessee to the sublessee, who . Such sublessee shall have the right to cure the Default a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublessee.

Appears in 3 contracts

Sources: Lease Agreement (Mirage Holdings Inc), Standard Office Lease (Interpacket Networks Inc), Office Lease (Scheid Vineyards Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby absolutely and unconditionally assigns and transfers to Lessor Landlord all of Lessee's Tenant’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made entered into by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward Lessee's Tenant’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's Tenant’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, Tenant may receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision this or any other assignment of such sublease rents to Lessor, Landlord nor by reason of the collection of the rents from a sublesseesubtenant, be deemed to have assumed or recognized any sublease or to be liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of Lessee's Tenant’s obligations to such sublessee subtenant under such Subleasesublease, including, but not limited to, Tenant’s obligation to return any security deposit. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach default exists in the performance of Lessee's Tenant’s obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to as they become due under the sublease. Sublessee Tenant agrees that such subtenant shall have the right to rely upon any such statement and request from Lessor Landlord, and that such subtenant shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee Tenant shall default in the performance of its obligations under this Lease, Lessor, Landlord at its option and without any obligation to do so, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor Tenant under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee subtenant to such sublessor Tenant or for any other prior defaults or breaches of such sublessor Tenant under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 3 contracts

Sources: Standard Office Lease (ProNAi Therapeutics Inc), Standard Office Lease (Wilshire Enterprises Inc), Office Lease (Ign Entertainment Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby assigns and transfers to Lessor Landlord all of Lessee's Tenant’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward Lessee's Tenant’s obligations under this the Lease; provided, however, that until a Breach Default (as defined in Paragraph 13.1Section 14.1) shall occur in the performance of Lessee's Tenant’s obligations under this Lease, Lessee Tenant may, except as otherwise may be provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Landlord shall not, by reason of the foregoing provision except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision or any other assignment of such sublease to LessorLandlord, nor by reason of the collection of the rents from a sublesseesubtenant, be deemed liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of Lessee's Tenant’s obligations to such sublessee sublease under such Sublease. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesublease, upon receipt of a written notice from Lessor Landlord stating that a Breach Default exists in the performance of Lessee's Tenant’s obligations under this Lease, Lease to pay to Lessor Landlord the rents and other charges due and to become due under the sublease. Sublessee Subtenant shall rely upon any such statement and request from Lessor Landlord and shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach Default exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee , Tenant shall have no right or claim against such sublesseesubtenant, or, until the Breach Default has been cured, against LessorLandlord, for any such rents and other charges so paid by said sublessee subtenant to LessorLandlord. (b) In the event of a Breach Default by Lessee Tenant in the performance performances of its obligations under this Lease, LessorLandlord, at its option and without any obligation to do so, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor sublandlord under such sublease from the time of the exercise of said option to the expiration of such subleasesubleases; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee subtenant to such sublessor sublandlord or for any other prior defaults or breaches of such sublessor sublandlord under such sublease. (c) Any matter or thing requiring the consent of the sublessor sublandlord under a sublease shall also require the consent of Lessor Landlord herein. (d) No sublessee subtenant under a sublease approved by Lessor Landlord shall further assign or sublet all or any part of the Premises without Lessor's Landlord’s prior written consent, which may be granted or denied in Landlord’s sole discretion. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 3 contracts

Sources: Industrial Multi Tenant Lease (Ironclad Performance Wear Corp), Purchase and Sale Agreement (Applied Films Corp), Single Tenant Lease (Applied Films Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, . or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 3 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Details Inc), Standard Industrial/Commercial Single Tenant Lease Net (Details Capital Corp), Standard Industrial/Commercial Single Tenant Lease Net (Details Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) 13.3.1 Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee’s then outstanding obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) 13.3.2 In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) 13.3.3 Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) 13.3.4 No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) 13.3.5 Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 3 contracts

Sources: Industrial/Commercial Multi Tenant Lease (Genelux Corp), Industrial/Commercial Multi Tenant Lease (Genelux Corp), Industrial/Commercial Multi Tenant Lease (Vital Therapies Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 3 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Agouron Pharmaceuticals Inc), Standard Industrial/Commercial Single Tenant Lease (Intest Corp), Standard Industrial/Commercial Single Tenant Lease Net (Acadia Pharmaceuticals Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if of any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 3 contracts

Sources: Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc), Lease Agreement (Gsi Technology Inc)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Landlord’s consent, the following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby assigns and transfers to Lessor Landlord all of Lessee's Tenant’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward Lessee's Tenant’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's Tenant’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, Tenant may receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Landlord nor by reason of the collection of the rents from a sublesseesubtenant, be deemed liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of Lessee's Tenant’s obligations to such sublessee subtenant under such Subleasesublease. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach default exists in the performance of Lessee's Tenant’s obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to become due under the sublease. Sublessee Tenant agrees that such subtenant shall have the right to rely upon any such statement and request from Lessor Landlord, and that such subtenant shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee Tenant shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said subtenant or Landlord for any such rents and other charges so paid by said sublessee subtenant to LessorLandlord. (b) No sublease entered into by Tenant shall be effective unless and until it has been approved in writing by Landlord. In entering into any sublease, Tenant shall use only such form of subtenant as is satisfactory to Landlord, and once approved by Landlord, such sublease shall not be changed or modified without Landlord’s prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Landlord, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Tenant other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Landlord has expressly consented in writing. (c) In the event of a Breach by Lessee Tenant shall default in the performance of its obligations under this Lease, Lessor, Landlord at its option and without any obligation to do so, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor Tenant under such sublease from the time of to the exercise of said option to the expiration termination of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee subtenant to such sublessor Tenant or for any other prior defaults or breaches of such sublessor Tenant under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor subtenant shall further assign or sublet all or any part of the Premises without Lessor's Landlord’s prior written consent. (e) Lessor shall With respect to any subletting to which Landlord has consented, Landlord agrees to deliver a copy of any notice of Default or Breach default by Lessee Tenant to the sublessee, who subtenant. Such subtenant shall have the right to cure a default of Tenant within three (3) days after service of said notice of default upon such subtenant, and the Default of Lessee within the grace period, if any, specified in such notice. The sublessee subtenant shall have a right of reimbursement and offset from and against Lessee Tenant for any such Defaults defaults cured by the sublesseesubtenant.

Appears in 3 contracts

Sources: Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.), Office Lease (Obagi Medical Products, Inc.)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor’s consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's ’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Sublease. sublease Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's ’s obligations under this Lease, Lease to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor’s prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) With respect to any subletting to which Lessor shall has consented, Lessor agrees to deliver a copy of any notice of Default or Breach default by Lessee to the sublessee, who . Such sublessee shall have the right to cure the Default a default of Lessee within three (3) days after service of said notice of default upon such sub-lessee, and the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Office Lease (Elastic N.V.), Standard Office Lease (Elastic N.V.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of LesseeL▇▇▇▇▇'s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations, L▇▇▇▇▇ may collect said Rent. In the event that the amount collected by Lessor exceeds L▇▇▇▇▇'s then outstanding obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of LesseeL▇▇▇▇▇'s obligations to such sublessee under such Subleasesublessee. Lessee L▇▇▇▇▇ hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of LesseeL▇▇▇▇▇'s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee L▇▇▇▇▇ to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified specified in such notice. The sublessee shall have a right of reimbursement and offset offset from and against Lessee L▇▇▇▇▇ for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's Lessees obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublesseesublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of at Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, said sublessee or until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require required any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (American Custom Components Inc), Standard Industrial/Commercial Single Tenant Lease Gross (American Custom Components Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lesseelessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Sugarmade, Inc.), Standard Industrial/Commercial Single Tenant Lease (Diversified Opportunities, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; , provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, LessorLessee. Lessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial Commercial Single Tenant Lease Net (Immune Response Corp), Standard Industrial Commercial Single Tenant Lease Net (Ipl Systems Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublesseesublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Modtech Inc), Standard Industrial/Commercial Single Tenant Lease (Modtech Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby absolutely and unconditionally assigns and transfers to Lessor Landlord all of Lessee's Tenant’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made entered into by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward Lessee's Tenant’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's Tenant’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, Tenant may receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision this or any other assignment of such sublease rents to Lessor, Landlord nor by reason of the collection of the rents from a sublesseesubtenant, be deemed to have assumed or recognized any sublease or to be liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of Lessee's Tenant’s obligations to such sublessee subtenant under such Subleasesublease, including, but not limited to, Tenant’s obligation to return any security deposit. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach default exists in the performance of Lessee's Tenant’s obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to as they become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.the

Appears in 2 contracts

Sources: Lease Agreement (NameMedia, Inc.), Lease Agreement (NameMedia, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said each option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Subject to Paragraph 58 of the Addendum, regarding "Bonus Rent" Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such noticethis Lease. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Telocity Inc), Standard Industrial/Commercial Single Tenant Lease (Telocity Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's ’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by of Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Emmaus Holdings, Inc.), Standard Industrial/Commercial Multi Tenant Lease (Emmaus Holdings, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee sub-lessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's Lessors prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Micro General Corp), Lease Agreement (Micro General Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part portion of the leased Premises and shall be deemed included in all subleases under this Lease any sublease, whether or not expressly incorporated therein: (aA) Lessee Tenant hereby assigns and transfers to Lessor Landlord all of Lessee's Tenant’s interest in all any rentals and income arising from any sublease of all or a portion of the Leased Premises heretofore or hereafter made by Lessee, Tenant and Lessor Landlord may collect such rent and income and apply same toward Lessee's to Tenant’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (bB) In the event of a Default or Breach by Lessee Tenant in the performance of its obligations under this Lease, LessorLandlord, at its option and without any obligation to do so, may require any sublessee to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such the sublease; , provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (cC) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinThe Landlord. (dD) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Leased Premises without Lessor's the prior written consentconsent of Landlord. (eE) Lessor Landlord shall deliver a copy of any notice of Default or Breach by Lessee Tenant to the sublessee, who shall have the right to cure the Default of Lessee Tenant within the grace period, if any, specified in such notice. The sublessee shall have a the right of reimbursement and offset from and against Lessee Tenant for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Orange 21 Inc.), Commercial Lease Agreement (Orange 21 Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, receive collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation obligations or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Centaur Pharmaceuticals Inc), Lease Agreement (Centaur Pharmaceuticals Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; , provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Razorfish Inc), Lease Agreement (Intuit Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, said sublessee or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.of

Appears in 2 contracts

Sources: Lease Agreement (Meade Instruments Corp), Lease Agreement (Meade Instruments Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee’s then outstanding obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.. INITIALS INITIALS

Appears in 2 contracts

Sources: Lease Agreement (Social Capital Suvretta Holdings Corp. I), Standard Industrial/Commercial Multi Tenant Lease Gross (Social Capital Suvretta Holdings Corp. I)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor’s consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's ’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublesseesublease, be deemed liable to the sublessee sublessees for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee sublessees under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublesseesublessees, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessees shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessees shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said sublessees or Lessor for any such rents and other charges so paid by said sublessee sublessees to Lessor. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. Lessor reserves the right to reasonably approve the form of the sublease document. Any sublessee shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other then such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may Lessor shall require any sublessee or assignee to attorn to LessorLessor under the terms of this Lease applicable to the sublease premises (in the case of a sublease) or the entire premises (in the case of an assignment), in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease or assignment from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter sublease or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinassignment. (d) No sublessee under a sublease approved by With respect to any assignment to which Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) has consented, Lessor shall agrees to deliver a copy of any notice of Default or Breach default by Lessee to the sublessee, who each assignee. Such assignee shall have the right to cure the Default a default of Lessee within the grace periodapplicable cure period after service of said notice of default upon such assignee, if any, specified in such notice. The sublessee and each assignee shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublesseesuch assignee.

Appears in 2 contracts

Sources: Office Building Lease (Xencor Inc), Office Building Lease (Xencor Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach Breech exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Zytec Corp /Mn/), Lease Agreement (Zytec Corp /Mn/)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:. (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor not by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, Lease to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Anda Networks Inc), Lease Agreement (Anda Networks Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated thereintherein up to and to the extent of Lessee's obligations under this Lease: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt recept of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a the right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Arterial Vascular Engineering Inc), Lease Agreement (Arterial Vascular Engineering Inc)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall sheu be deemed included in all subleases under this Lease whether or not expressly incorporated Incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises sublease, heretofore or hereafter made by Lessee, and Lessor may collect such rent and income Income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublesseesubleases, be deemed liable to the sublessee subleases for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee subleases under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such subleases shall have the right to rely upon any such statement and request from Lessor and Lessor, end that such subleases shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said subleases or Lessor for any such rents and other charges so paid by said sublessee subleases to Lessor. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublease as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any sublessee shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event of a Breach by Lessee in shall default In the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, . Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee subleases to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor subleases shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Lessor shall has consented, Lessor agrees to deliver a copy of any notice of Default or Breach default by Lessee to the sublessee, who subleases. Such sublessee shall have the right to cure the Default a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the grace period, if any, specified in such notice. The sublessee subleases shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Office Lease (San Diego Soccer Development Corp), Lease Agreement (San Diego Soccer Development Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in In all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; , provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Sublessees shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Netcom Systems Inc), Standard Industrial/Commercial Single Tenant Lease Net (Netcom Systems Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublesseesubleases, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee subleases to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee sub- lessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's Lessors prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc), Standard Industrial/Commercial Multi Tenant Lease (DCH Technology Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor., (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Ddi Corp), Standard Industrial/Commercial Single Tenant Lease Gross (Details Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby assigns and transfers to Lessor Landlord all of Lessee's Tenant’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor Landlord may collect such rent and income Rent and apply same toward Lessee's Tenant’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this LeaseTenant’s obligations, Lessee may, except as otherwise provided in this Lease, receive, Tenant may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor Landlord shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of Lessee's Tenant’s obligations to such sublessee under such Subleasesubtenant. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach exists in the performance of Lessee's Tenant’s obligations under this Lease, to pay to Lessor the rents and other charges Landlord all Rent due and to become due under the sublease. Sublessee Subtenant shall rely upon any such statement and request notice from Lessor Landlord and shall pay such rents and other charges all Rents to Lessor Landlord without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a termination of this Lease due to a Breach by Lessee in the performance of its obligations under this LeaseTenant, LessorLandlord may, at its option and without any obligation to do sooption, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor sublandlord under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee subtenant to such sublessor sublandlord unless actually received by Landlord or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublandlord. (c) Any matter or thing requiring the consent of the sublessor sublandlord under a sublease shall also require the consent of Lessor hereinLandlord. (d) No sublessee under a sublease approved by Lessor subtenant shall further assign or sublet all or any part of the Premises without Lessor's Landlord’s prior written consent. (e) Lessor shall deliver If a copy sublease, fifty percent (50%) of any notice sublease rentals or any other economic consideration received by Tenant as a result of Default such subletting, whether denominated rentals under the sublease or Breach otherwise, which in aggregate exceed the total sums which Tenant is obligated to pay Landlord under this Lease (prorated to reflect obligations allocable to that portion of the Premises subject to such sublease), after deducting the reasonable and customary costs for tenant improvements, reasonable attorneys’ fees and brokerage fees incurred by Lessee Tenant in connection with the subletting, shall be paid to Landlord as Additional Rent. (f) If an assignment, fifty percent (50%) of any economic consideration received by Tenant with respect to the sublesseeassignment of this Lease, who whether denominated as such or otherwise, which in aggregate exceed the total sums which Tenant is obligated to pay Landlord under this Lease, after deducting the reasonable and customary costs for tenant improvements, reasonable attorneys’ fees and brokerage fees incurred by Tenant in connection with the assignment, shall have the right be paid to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublesseeLandlord as Additional Rent.

Appears in 2 contracts

Sources: Lease (Globeimmune Inc), Lease (Globeimmune Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated Incorporated therein: (a) Lessee hereby herby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; , provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in may collect said Rent. In the event that this Lease, receive, collect and enjoy the rents accruing under amount collected by Lessor exceeds Lessee's then outstanding obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of Rent, be deemed liable to the rents from a sublesseesublease for any failure of Lessee to perform and comply with any of Lessee's nor by reason of the collection of Rent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of the Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; , provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor subleases shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of or Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease (Ironclad Performance Wear Corp), Lease Agreement (Ironclad Performance Wear Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of LesseeSublessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee Sublessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc), Standard Industrial/Commercial Single Tenant Lease (Dippy Foods Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee’s then outstanding obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor (unless actually received by Lessor) or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein[Intentionally Omitted.] (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublesseerequired.

Appears in 2 contracts

Sources: Lease (SeaSpine Holdings Corp), Lease Agreement (SeaSpine Holdings Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. sublessee.. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a the sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; : provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, . Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of the Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of the Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults Default cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (CCC Globalcom Corp), Standard Industrial/Commercial Single Tenant Lease (Incomnet Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.113. 1) shall occur in the performance of Lessee's obligations under this Lease, . Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the tire rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding not withstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Single Tenant Lease (Microage Inc /De/), Single Tenant Lease (Microage Inc /De/)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Leaselease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of to reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Gametech International Inc), Lease Addendum (Gametech International Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor ▇▇▇▇▇▇ stating that a Breach exists in the performance of Lessee▇▇▇▇▇▇'s obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee ▇▇▇▇▇▇ to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee ▇▇▇▇▇▇ for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Mohawk Industries Inc), Lease Agreement (Supergen Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby assigns and transfers to Lessor Landlord all of Lessee's Tenant’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor Landlord may collect such rent and income Rent and apply same toward Lessee's Tenant’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this LeaseTenant’s obligations, Lessee may, except as otherwise provided in this Lease, receive, Tenant may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor Landlord shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee Tenant to perform and comply with any of Lessee's Tenant’s obligations to such sublessee under such Subleasesublessee. Lessee Tenant hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor Landlord stating that a Breach exists in the performance of Lessee's Tenant’s obligations under this Lease, to pay to Lessor the rents and other charges Landlord all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor Landlord and shall pay such rents and other charges all Rents to Lessor Landlord without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseTenant, LessorLandlord may, at its option and without any obligation to do sooption, may require any sublessee to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor that Landlord shall not be liable for any prepaid rents paid or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor. If Tenant does not require the sublessor under such subleaseto attorn to Landlord, the sublease shall be extinguished upon the termination of this Lease as a result of Tenant’s breach hereunder, and the sublessee shall have no further right to occupy the Premises. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLandlord. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's Landlord’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Commercial Lease Agreement (ImmunityBio, Inc.), Commercial Lease (NantKwest, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, Lessee and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. , Lessor shall not, by reason of the foregoing provision or of any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Objectshare Inc), Lease Agreement (Starbase Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting Subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Subject to paragraph 12.4, Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by LesseeSublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, not by reason of the foregoing provision or any other assignment Assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee Sublessee for any failure of to Lessee to perform and comply with any of Lessee's obligations to such sublessee under such SubleaseSublessee. Lessee hereby irrevocably authorizes and directs any such sublesseeSublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the subleaseSublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee Sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Sublessor under such sublease Sublease from the time of the exercise of said option to the expiration of such subleaseSublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee Sublessee to such sublessor Sublessor or for any other prior defaults Defaults or breaches of Breaches by such sublessor under such subleaseSublessor. (c) Any matter or thing requiring the consent of the sublessor Sublessor under a sublease Sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor Sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice Notice of Default or Breach by Lessee to the sublesseeSublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. notice The sublessee Sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublesseeSublessee. (f) Lessee and/or Sublessee shall be responsible for paying all costs associated with Subletting and not be entitled to credit such associated costs against rent (or other consideration) payable on any Sublease It is expressly understood and agreed that all rent (or other consideration) payable on any Sublease shall be paid to Lessor without offset or credit.

Appears in 2 contracts

Sources: Full Service Lease (Document Capture Technologies, Inc.), Full Service Lease (Document Capture Technologies, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's ’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Multi Tenant Industrial/Commercial Lease (Pfenex Inc.), Purchase, Sale and Leaseback Agreement (Dividend Capital Total Realty Trust Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee TENANT of all or any part of the Leased Premises and shall be deemed included in all subleases under this Lease LEASE whether or not expressly incorporated therein:. (a) Lessee Without affecting any of its other obligations under this LEASE, TENANT will pay LANDLORD as additional rent under this LEASE a sum equal to one half (50%) of any sums or other economic consideration (after deducting any reasonable brokerage fees, reasonable attorneys’ fees, and the actual cost of any improvements to the Leased Premises for the transferee) that (a) are received by TENANT as a result of an assignment or subletting, whether or not denominated “rent” or “additional rent” under the assignment or sublease, and (b) in the case of a sublease, exceed in total the sums which TENANT is obligated to pay LANDLORD under this Lease (prorated to reflect obligations allocable to that portion of the Leased Premises subject to such assignment or sublease). The failure or inability of the assignee or subtenant to pay TENANT pursuant to the assignment or sublease will not relieve TENANT from its obligations to LANDLORD under this section. TENANT will not amend the assignment or sublease in such a way as to reduce or delay payment of amounts that are provided in the assignment or sublease approved by LANDLORD. (b) TENANT hereby assigns and transfers to Lessor LANDLORD all of Lessee's TENANT’s interest in all rentals and income arising from any sublease of all or a portion of the Leased Premises heretofore or hereafter made by LesseeTENANT, and Lessor LANDLORD may collect such rent and income and apply same toward Lessee's TENANT’s obligations under this Lease; LEASE, provided, however, that until a Breach breach (as defined in Paragraph 13.1Article 24) shall occur in the performance of Lessee's TENANT’s obligations under this LeaseLEASE, Lessee TENANT may, except as otherwise provided in this LeaseLEASE, receive, collect and enjoy the rents accruing under such sublease. Lessor LANDLORD shall not, by reason of the foregoing provision or any other assignment of such sublease to LessorLANDLORD, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee TENANT to perform and comply with any of Lessee's TENANT’s obligations to such sublessee under such Subleasesublease. Lessee TENANT hereby irrevocably authorizes and directs any any„ such sublessee, upon receipt of a written notice from Lessor LANDLORD stating that a Breach breach exists in the performance of Lessee's TENANT’s obligations under this LeaseLEASE, to pay to Lessor LANDLORD the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor LANDLORD and shall pay such rents and other charges to Lessor LANDLORD without any obligation or right to inquire as to whether such Breach breach exists and notwithstanding any notice from or claim from Lessee TENANT to the contrary. Lessee contrary TENANT shall have no right or claim against such sublessee, or, until the Breach breach has been cured, against LessorLANDLORD, for far any such rents and other charges so paid by said sublessee to LessorLANDLORD. (bc) In the event of a Breach breach by Lessee TENANT in the performance of its obligations under this LeaseLEASE, LessorLANDLORD, at its option and without any obligation to do so, may require any sublessee to attorn to LessorLANDLORD, in which event Lessor LANDLORD shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor LANDLORD shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (cd) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor LANDLORD herein. (de) No sublessee under a sublease approved by Lessor LANDLORD shall further assign or sublet all or any part of the Leased Premises without Lessor's LANDLORD’s prior written consent., (ef) Lessor LANDLORD shall deliver a copy of any notice of Default default or Breach breach by Lessee TENANT to the sublessee, who shall have the right to cure the Default default of Lessee TENANT within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee TENANT for any such Defaults defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Dental Medical Diagnostic Systems Inc), Standard Industrial/Commercial Single Tenant Lease (Burke Industries Inc /Ca/)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee subleases for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or of security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp), Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest Interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or to right to inquire inquiries as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublesseeSublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease Gross, Standard Industrial/Commercial Multi Tenant Lease Gross (Zoned Properties, Inc.)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other that such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Lessor shall has consented, Lessor agrees to deliver a copy of any notice of Default or Breach default by Lessee to the sublessee, who . Such sublessee shall have the right to cure the Default a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Office Lease (Flycast Communications Corp), Standard Office Lease (Chemdex Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest Interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Burke Industries Inc /Ca/), Standard Industrial/Commercial Single Tenant Lease Net (Burke Industries Inc /Ca/)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:. (a) Lessee 10.4.1 Tenant hereby assigns and transfers to Lessor Landlord all of LesseeTenant's interest in all rentals and income arising from any sublease of all or a any portion of the Premises heretofore or hereafter made by LesseeTenant, and Lessor Landlord may collect such rent and income and apply the same toward LesseeTenant's obligations under this Lease; provided, however, that until a Breach Default (as defined in Paragraph 13.1Section 11) shall occur in the performance of LesseeTenant's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, Tenant may collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision this or any other assignment of such sublease to LessorLandlord, nor by reason of the collection of the rents from a sublesseesublease, be deemed liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such sublessee subtenant under such Subleasesublease. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach default exists in the performance of LesseeTenant's obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to become due under the sublease. Sublessee Subtenant shall rely upon any such statement and request from Lessor Landlord and shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee Tenant shall have no right or claim against such sublesseesaid subtenant, or, or until the Breach Default has been cured, against LessorLandlord, for any such rents and other charges so paid by said sublessee subtenant to LessorLandlord. (b) 10.4.2 In the event of a Breach default by Lessee Tenant in the performance of its obligations under this Lease, Lessor, Landlord at its option and without any obligation to do so, so may require any sublessee subtenant to attorn to Lessor, Landlord in which event Lessor Landlord shall undertake the obligations of the sublessor sublandlord under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit previously paid by such sublessee the subtenant to such sublessor sublandlord (unless such prepaid rents or security deposit have been delivered to Landlord) or for any other prior defaults or breaches of such sublessor sublandlord under such sublease. (c) 10.4.3 Any matter or thing requiring the consent of the sublessor sublandlord under a sublease shall also require the consent of Lessor Landlord herein. (d) 10.4.4 No sublessee under a sublease approved by Lessor subtenant shall further assign or sublet all or any part part, of the Premises premises without LessorLandlord's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Office Building Lease (Convera Corp), Office Building Lease (Convera Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's ’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Overstock Com Inc), Standard Industrial/Commercial Multi Tenant Lease (Overstock Com Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.. see addendum

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (SMTC Corp), Lease Agreement (SMTC Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all al subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, receive collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation obligations or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake undertaken the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified specific in such notice. The sublessee shall have a right of or reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Centaur Pharmaceuticals Inc), Standard Industrial/Commercial Multi Tenant Lease Gross (Centaur Pharmaceuticals Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; : provided, . however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, . Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating slating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, . or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Futon World Inc), Lease Agreement (Futon World Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy said Rent. In the rents accruing under event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Multi Tenant Lease Net (International Stem Cell CORP), Standard Industrial/Commercial Multi Tenant Lease Gross

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. , Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Formfactor Inc), Standard Industrial/Commercial Multi Tenant Lease (Formfactor Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; : provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's ’s obligations. Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessee’s then outstanding obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under any such subleaseexcess shall be refunded to Lessee. Lessor shall notnet, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of et Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, . Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.), Standard Industrial/Commercial Single Tenant Lease Net (AutoGenomics, Inc.)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublesseesublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's Lessee obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, said sublessee or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor unless received by Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of the Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Sublease Agreement (Rita Medical Systems Inc), Lease Agreement (Rita Medical Systems Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Metacreations Corp), Lease Agreement (Metacreations Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublesseesublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor ▇▇▇▇▇▇ stating that a Breach exists in the performance of Lessee▇▇▇▇▇▇'s obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee ▇▇▇▇▇▇ to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee ▇▇▇▇▇▇ for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Future Media Productions), Lease Agreement (Future Media Productions)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's L▇▇▇▇▇’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's ’s obligations, L▇▇▇▇▇ may collect said Rent. In the event that the amount collected by Lessor exceeds L▇▇▇▇▇’s then outstanding obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under any such subleaseexcess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's L▇▇▇▇▇’s obligations to such sublessee under such Subleasesublessee. Lessee L▇▇▇▇▇ hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's L▇▇▇▇▇’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee L▇▇▇▇▇ to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee L▇▇▇▇▇ for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Brownie's Marine Group, Inc), Lease Agreement (Brownie's Marine Group, Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby absolutely and unconditionally assigns and transfers to Lessor Landlord all of LesseeTenant's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made entered into by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward LesseeTenant's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of LesseeTenant's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, Tenant may receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision this or any other assignment of such sublease rents to Lessor, Landlord nor by reason of the collection of the rents from a sublesseesubtenant, be deemed to have assumed or recognized any sublease or to be liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such sublessee subtenant under such Subleasesublease, including, but not limited to, Tenant's obligation to return any Security Deposit. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach default exists in the performance of LesseeTenant's obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to as they become due under the sublease. Sublessee Tenant agrees that such subtenant shall have the right to rely upon any such statement and request from Lessor Landlord, and that such subtenant shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee Tenant shall default in the performance of its obligations under this Lease, Lessor, Landlord at its option and without any obligation to do so, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor Tenant under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit Security Deposit paid by such sublessee subtenant to such sublessor Tenant or for any other prior defaults or breaches of such sublessor Tenant under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 2 contracts

Sources: Lease Agreement (Rexahn Pharmaceuticals, Inc.), Lease Agreement (Visual Networks Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:. (a) Lessee Tenant hereby assigns and transfers to Lessor Landlord all of LesseeTenant's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward LesseeTenant's obligations under this Lease; , provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of LesseeTenant's obligations under this Lease, Lessee Tenant may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision this or any other assignment of such sublease to LessorLandlord, nor by reason of the collection of the rents from a sublesseesubtenant, be deemed liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such sublessee subtenant under such Subleasesublease. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach exists in the performance of LesseeTenant's obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to become due under the sublease. Sublessee Subtenant shall rely upon any such statement and request from Lessor Landlord and shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee Tenant shall have no right or claim against such sublesseesaid subtenant, or, until the Breach has been cured, against LessorLandlord, for any such rents and other charges so paid by said sublessee subtenant to LessorLandlord. (b) In the event of a Breach by Lessee tenant in the performance of its obligations under this Lease, LessorLandlord, at its option and without any obligation to do so, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor sublandlord under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee subtenant to such sublessor sublandlord or for any other prior defaults Defaults or breaches Breaches of such sublessor sublandlord under such sublease. (c) Any matter or thing requiring the consent of the sublessor sublandlord under a sublease shall also require the consent of Lessor Landlord herein. (d) No sublessee under a sublease approved by Lessor subtenant shall further assign or sublet all or any part of the Premises without LessorLandlord's prior written consent. (e) Lessor shall deliver If Landlord delivers a copy of any notice of Default or Breach by Lessee Tenant to the sublesseesubtenant, who such subtenant shall have the right to cure the Default of Lessee Tenant within the grace period, if any, specified in such notice. The sublessee In such event, the subtenant shall have a right of reimbursement and offset from and against Lessee Tenant for any such Defaults cured by the sublesseesubtenant.

Appears in 1 contract

Sources: Sublease Agreement (Diamond Entertainment Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; , provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option opinion to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach breach by Lessee to the sublessee, who shall have the right to cure the Default default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease Agreement (Imagemax Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:; (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any such notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.. See paragraph 55

Appears in 1 contract

Sources: Commercial Lease Agreement (Skechers Usa Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee subleases for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (MRV Communications Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligation, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lesseelessee's obligations to such sublessee under such Sublease. sublessee, Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from front Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sois option, may require any sublessee to attorn to LessorLesser, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Burke Flooring Products Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward towards Lessee's ’s obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease’s obligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Napster Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (aA) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach Default (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach Default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach Default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach Default has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (bB) In the event of a Breach Default by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation obligations to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (cC) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein, if Lessor's consent would be required to permit Lessee to do such matter or thing under the Lease. (dD) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (eE) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease (Universal Access Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby absolutely and unconditionally assigns and transfers to Lessor Landlord all of LesseeTenant's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made entered into by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward LesseeTenant's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) an Event of Default shall occur in the performance of Lessee's Tenant’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, Tenant may receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision this or any other assignment of such sublease rents to Lessor, Landlord nor by reason of the collection of the rents from a sublesseesubtenant, be deemed to have assumed or recognized any sublease or to be liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such sublessee subtenant under such Subleasesublease, including, but not limited to, Tenant's obligation to return any security deposit. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach an Event of Default by Tenant exists in the performance of LesseeTenant's obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to as they become due under the sublease. Sublessee Tenant agrees that such subtenant shall have the right to rely upon any such statement and request from Lessor Landlord, and that such subtenant shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach Event of Default by Tenant exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event Tenant shall commit an Event of a Breach by Lessee Default in the performance of its obligations under this Lease, Lessor, Landlord at its option and without any obligation to do so, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor Tenant under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee subtenant to such sublessor Tenant or for any other prior defaults or breaches of such sublessor Tenant under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Standard Office Lease (Redaptive, Inc.)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and arid conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income at arising from any sublease heretofore of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, . that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. sublease Lessee hereby irrevocably authorizes and directs any such sublessee, . upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that Such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. contrary Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply With each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained In a sublease to which Lessor has expressly consented In writing. (c) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, . Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under Lessee tinder such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee subleases to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Lessor shall has consented. Lessor agrees to deliver a copy of any notice of Default or Breach default by Lessee to the sublessee, who . Such sublessee shall have the right to cure the Default a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublessee.

Appears in 1 contract

Sources: Standard Office Lease (American River Holdings)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Leaselease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee sublease for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Single Tenant Lease (Invivo Corp)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases Subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent rental and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease; provided, Lessee mayhowever, except that until a Breach (as otherwise provided defined in paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease Sublease to Lessor, nor not by reason of the collection of the rents from a sublesseeSublease, be deemed liable to the sublessee Sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublesseeSublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, Lease to pay to Lessor the rents and other charges due and to become due under the subleaseSublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.notwithstanding

Appears in 1 contract

Sources: Lease Agreement (Tmci Electronics Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Tenant of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee Tenant hereby assigns and transfers to Lessor Landlord all of LesseeTenant's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by LesseeTenant, and Lessor Landlord may collect such rent and income and apply same toward LesseeTenant's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of LesseeTenant's obligations under this Lease, Lessee Tenant may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor Landlord shall not, by reason of the foregoing provision or any other assignment of such sublease to LessorLandlord, nor by reason of the collection of the rents from a sublesseesubtenant, be deemed liable to the sublessee subtenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such sublessee subtenant under --13-- Initials /s/ MB / ▇▇▇ ------------ such Sublease. Lessee Tenant hereby irrevocably authorizes and directs any such sublesseesubtenant, upon receipt of a written notice from Lessor Landlord stating that a Breach exists in the performance of LesseeTenant's obligations under this Lease, to pay to Lessor Landlord the rents and other charges due and to become due under the sublease. Sublessee Subtenant shall rely upon any such statement and request from Lessor Landlord and shall pay such rents and other charges to Lessor Landlord without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee Tenant shall have no right or claim against such sublesseesubtenant, or, until the Breach has been cured, against LessorLandlord, for any such rents and other charges so paid by said sublessee subtenant to LessorLandlord. (b) In the event of a Breach by Lessee Tenant in the performance of its obligations under this Lease, LessorLandlord, at its option and without any obligation to do so, may require any sublessee subtenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor sub landlord under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor Landlord shall not be liable for any prepaid rents or security deposit paid by such sublessee subtenant to such sublessor sub landlord or for any other prior defaults or breaches of such sublessor sub landlord under such sublease. (c) Any matter or thing requiring the consent of the sublessor sub landlord under a sublease shall also require the consent of Lessor Landlord herein. (d) No sublessee subtenant under a sublease approved by Lessor Landlord shall further assign or sublet all or any part of the Premises without LessorLandlord's prior written consent. (e) Lessor Landlord shall deliver a copy of any notice of Default or Breach by Lessee Tenant to the sublesseesubtenant, who shall have the right to cure the Default of Lessee Tenant within the grace period, if any, specified in such notice. The sublessee subtenant shall have a right of reimbursement and offset from and against Lessee Tenant for any such Defaults cured by the sublesseesubtenant.

Appears in 1 contract

Sources: Lease Agreement (SBS Technologies Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Solely as security for Lessee's performance hereunder, Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease Agreement (Mossimo Inc)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under accruing (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such subleaseform of sublease as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Lessor shall notAny sublessee shall, by reason of the foregoing provision or any other assignment of such entering into a sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor be deemed, for the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against benefit of Lessor, for any to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such rents and other charges so paid by said sublessee obligations as are contrary to Lessoror inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (bc) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Lessor shall deliver has consented, Lessor agrees to delivery a copy of any notice of Default or Breach default by Lessee to the sublessee, who . Such sublessee shall have the right to cure the Default a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease Agreement (Icc Technologies Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in In all rentals and income arising from any ffom any-sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; Lease provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Sublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach ▇ ▇▇▇▇ch exists in the performance of Lessee's obligations under ▇▇▇▇▇ this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; : provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults or breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's Lessors prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublesseesubles▇▇▇, who ▇ho shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults ▇▇▇▇▇▇ts cured by the sublessee.

Appears in 1 contract

Sources: Lease (Empyrean Bioscience Inc)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated Incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income Income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublesseesubleases, be deemed liable to the sublessee subleases for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee subleases under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublesseesubleases, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such subleases shall have the right to rely upon any such statement and request from Lessor Lessor, and that such subleases shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said subleases or Lessor for any such rents and other charges so paid by said sublessee subleases to Lessor. (b) No sublease entered Into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublease as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or modified without Lessor's prior written consent. Any subleases shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, at its Its option and without any obligation to do so, may require any sublessee subleases to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee subleases to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor subleases shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) With respect to any subletting to which Lessor shall has consented, Lessor agrees to deliver a copy of any notice of Default or Breach default by Lessee to the sublessee, who subleases. Such subleases shall have the right to cure the Default a default of Lessee within three (3) days after service of said notice of default upon such subleases, and the grace period, if any, specified in such notice. The sublessee subleases shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublesseesubleases.

Appears in 1 contract

Sources: Standard Office Lease (Simulations Plus Inc)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor's consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach default exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach default exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor. (b) No sublease requiring Lessor's consent hereunder entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. Any sublessee shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. (c) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease from the time of the exercise of said option to the expiration termination of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Office Lease (Intrabiotics Pharmaceuticals Inc /De)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's obligations under this Lease; : provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Lease, Lessee may, except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents from a sublesseesublease, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee sublease under such Subleasesublease. Lessee hereby irrevocably authorizes and directs any such sublesseesublease, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee shall rely reply upon any such statement and request from Lessor and shall pay such rents and other charges to Lessor without any obligation or right to inquire as to whether such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such said sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee sublease to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this Lease, Lessor, at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Sublease Agreement (Inland Northwest Bancorporation Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:: Subject to Paragraph 58 of the Addendum, regarding "Bonus Rent" (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all rentals and income arising from Rent payable on any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublessee, and Lessor may collect such rent and income Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessee's obligations under this Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, may collect and enjoy the rents accruing under such subleasesaid Rent. Lessor shall not, by reason of the foregoing provision or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee under such Subleasesublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the sublease. Sublessee shall rely upon any such statement and request notice from Lessor and shall pay such rents and other charges all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists and exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee to Lessor. (b) In the event of a Breach by Lessee in the performance of its obligations under this LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any other prior defaults Defaults or breaches Breaches of such sublessor under such subleasesublessor. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such noticethis Lease. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Sublease Agreement (Mediaplex Inc)

Additional Terms and Conditions Applicable to Subletting. The Regardless of Lessor’s consent, the following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's ’s interest in all rentals and income arising from any sublease of all or a portion of the Premises heretofore or hereafter made by Lessee, and Lessor may collect such rent and income and apply same toward Lessee's ’s obligations under this Lease; Lease provided, however, that until a Breach (as defined in Paragraph 13.1) default shall occur in the performance of Lessee's ’s obligations under this Lease, Lessee may, except as otherwise provided in this Lease, may receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of the foregoing provision this or any other other, assignment of such sublease to Lessor, Lessor nor by reason of the collection of the rents from a sublessee, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such Subleasesuch, sublease. Lessee hereby irrevocably Irrevocably authorizes and aid directs any such sublessee, sublessee upon receipt of a written written, notice from Lessor stating that a Breach default exists in the performance of Lessee's ’s obligations under this Lease, to pay to Lessor the rents and other charges due and to become due under the sublease. Sublessee Lessee agrees that such sublessee shall have the right to rely upon any such statement and request from Lessor Lessor, and that such sublessee shall pay such rents and other charges to Lessor without any obligation or right to inquire Inquire as to whether such Breach default exists and notwithstanding any notice from or claim claim, from Lessee to the contrary. Lessee shall have no right or claim against such sublessee, or, until the Breach has been cured, against Lessor, said sublessee or Lessor for any such rents and other charges so paid by said sublessee to Lessor. (b) No sublease entered into by Lessee shall be effective unless and until it has been approved in writing by Lessor. In entering into any sublease, Lessee shall use only such form of sublessee as is satisfactory to Lessor, and once approved by Lessor, such sublease shall not be changed or, modified without Lessor’s prior written consent. Any sublease shall, by reason of entering into a sublease under this Lease, be deemed, for the benefit of Lessor, to have assumed and agreed to conform and comply with, each and every obligation herein to be performed by Lessee other than such obligations as are contrary to or inconsistent with provisions contained in a sublease to which Lessor has expressly consented in writing. c) In the event of a Breach by Lessee shall default in the performance of its obligations under this Lease, Lessor, Lease Lessor at its option and without any obligation to do so, may require any sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease from the time of the exercise of said option to the expiration termination of such sublease; sublease provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor Lessee or for any other prior defaults or breaches of such sublessor Lessee under such sublease. (c) Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor herein. (d) No sublessee under a sublease approved by Lessor shall further assign or sublet all or any part of the Premises without Lessor's ’s prior written consent. (e) With respect to any subletting to which Lessor shall has consented, Lessor agrees to deliver a copy of any notice of Default or Breach default by Lessee to the sublessee, who . Such sublessee shall have the right to cure the Default a default of Lessee within three (3) days after service of said notice of default upon such sublessee, and the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults defaults cured by the sublessee.

Appears in 1 contract

Sources: Standard Office Lease (Axesstel Inc)