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 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 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 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 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 (General Scanning Inc \Ma\)

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 an 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 this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseelent, 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, 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 ’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 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 LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn aft= to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise exorcise 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 Broaches 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 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: Lease Agreement (Nexsan 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 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 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 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 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 ol reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease Agreement (Netter Digital Entertainment 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 Rent, 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 Rent and income and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach (as defined in Paragraph Section 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 Rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease to Lessor, nor by reason of the collection of the rents Rent 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 Rent 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 said sublessee, or, until the Breach has been cured, against Lessor, for any such rents Rent 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 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. SECTION FOURTEEN DEFAULT/BREACH/REMEDIES.

Appears in 1 contract

Sources: Purchase Agreement (Industrial Rubber 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 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 subleaseRent. Lessor shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeRent, be by 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 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 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 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 or 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 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 (Impco Technologies 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 rent and income arising from other amounts payable under any sublease of all or a portion of the Premises heretofore or hereafter made by Lesseesublease, and Lessor may Landlord shall have the right to collect such rent and income other amounts and apply the 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 Lessee's obligations under this Leaseoccur, Lessee may, except as otherwise provided in this Lease, receive, Tenant may collect such rent and enjoy the rents accruing under such subleaseother amounts. Lessor Landlord shall not, by reason of this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeany such rent or other amounts, 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 under such sublease, Lessee subtenant. 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 obligations under this Lease, Lease to pay to Lessor the rents Landlord all rent and other charges amounts 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 all rent and other charges amounts 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 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 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 or for any other prior Defaults or 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 subtenant shall further assign or sublet all or any part of the 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 1 contract

Sources: Standard Industrial/Commercial 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 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 this the foregoing 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 PAGE 7 Initials /s/ ---------- 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 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 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 or 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 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 (Somnus Medical 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 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 this the foregoing 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 .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 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 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 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 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 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 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 (Laser Pacific Media Corporation)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee Lessor 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 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 sublessor 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 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, 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 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 effect from and against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease Agreement (Software Technologies 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, 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 outlined 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, Lease receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of 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 sublease, . Lessee hereby irrevocably authorizes and directs any such sublesseesublessees, 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 16 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 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 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 (Consolidated Capital of North America Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions (as well as those set forth in Paragraph 55) 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 this the foregoing 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 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 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 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 or 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 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 (Encad 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 this the foregoing 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 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 ’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 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 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 or 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 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. (f) Any profits as a result of a sublease or an assignment shall be split on a 50/50 basis after first deducting all of the Lessee’s reasonable subleasing expenses which shall include but not be limited to marketing expenses, subtenant improvements, leasing commissions and legal fees.

Appears in 1 contract

Sources: Standard Multi Tenant Office Lease (Adventrx 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 ’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 this the foregoing 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 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 ’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 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 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 or 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 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 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 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (ImmunityBio, 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 (and after the expiration of any applicable cure period) 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 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 for any failure of Lessee 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 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 sublease 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 said sublessee, or, until the Breach has been cured, against Lessor, sublessee for any such rents and other charges so paid by said sublessee sublease 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 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 defaults 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 sublease 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 (Rambus 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, 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 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 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 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 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 shall further assign or sublet all or any part of the Premises without Lessor's prior written consent, which Lessor will not unreasonably withhold. (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 any against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease Agreement (Doskocil Manufacturing Co 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 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 sublease, . Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating 16 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 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 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: Single Tenant Lease Net (Orthologic 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 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 ’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 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 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: Commercial Lease Agreement (Openwave 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 that 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, may except as otherwise provided in this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of this or any other assignment of such sublease 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 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 said sublessee, or, until the Breach has been cured, against Lessor, 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, 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 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 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 Tenant Lease Net (Emergent Group Inc/Ny)

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 premise 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 this the foregoing 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 sub lessee for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such sublease, sub lessee. Lessee hereby irrevocably authorizes and directs any such sublesseesub lessee, 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 subleaseSublease. Sublessee Sub lessee 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 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 LeaseLessee, LessorLessor may, at its option and without any obligation option, require sub lessee to do so, may require any sublessee to attorn at torn to Lessor, in which event Lessor shall undertake the obligations of the sublessor sub lessor 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 sublease to such sublessor sub lessor or for any other prior Defaults or Breaches of such sublessor under such subleasesub lessor. (c) Any matter or thing requiring the consent of the sublessor sub lessor under a sublease shall also require the consent of Lessor hereinLessor. (d) No sublessee sublease 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 sublesseesub lessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee sub lessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublesseesub lessee.

Appears in 1 contract

Sources: Office 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 ’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 this the foregoing 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 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 ’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 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 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 or 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 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 the against Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease Amendment (Copart 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 incorporation 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 this the foregoing 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 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 exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against 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 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 or 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 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 Multi Tenant Office Lease (Eye Dynamics 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 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 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 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. . SEE ADDENDUM PARAGRAPH 64 (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 sublease 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 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 Gross (Simpson Manufacturing Co Inc /Ca/)

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 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 shall 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 this or any other assignment of such sublease to Lessor, Landlord nor by reason of the collection of the rents from a sublesseesub-tenant, be deemed liable to the sublessee sub-tenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such sublessee sub-tenant under such sublease, Lessee . Tenant hereby irrevocably authorizes and directs any such sublesseesub-tenant, 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 Tenant agrees that such sub-tenant shall have the right to rely upon any such statement and request from Lessor Landlord; and that such sub-tenant 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 said sublessee, or, until the Breach has been cured, against Lessor, sub-tenant or Landlord for any such rents and other charges so paid by said sublessee sub-tenant 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 sub-tenant 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 Its option and without any obligation to do so, may require any sublessee sub-tenant 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 sub-tenant to such sublessor Tenant or for any other prior Defaults or Breaches defaults 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 sub-tenant shall further assign or sublet all or any part of the Premises without LessorLandlord's prior written consent. (ea) 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 sub-tenant. Such sub-tenant shall have the right to cure a default of Tenant within three (3) days after service of said notice of default upon such sub-Tenant, and the Default of Lessee within the grace period, if any, specified in such notice. The sublessee sub-tenant shall have a right of reimbursement and offset from and against Lessee Tenant for any such Defaults defaults cured by the sublesseesub-tenant.

Appears in 1 contract

Sources: Office Lease (Excalibur Technologies 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 this the foregoing 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 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 pay to Lessor one-half of all amounts by which the consideration received by Lessee in connection with assignment or claim against said sublessee, or, until subletting by Lessee exceeds the Breach has been cured, against Lessor, for any such rents and other charges so paid by said sublessee payments Lessee is required to Lessorpay Lessor under this Lease. (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 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 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 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 (Xoma LTD /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 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 this the foregoing 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 PAGE 7 Initials: JW ----------- 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 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 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 or 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 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 (TTM 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) 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 this the foregoing 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 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 ’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 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) 13.3.2 In the event of a Breach by Lessee in and the performance exercise of its obligations under Lessor’s remedy of termination of this Lease, 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 or 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 hereinif Lessee is otherwise required to obtain the consent of Lessor hereunder to such matter. (d) 13.3.4 No sublessee 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 Breach 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 Breaches cured by the sublessee.

Appears in 1 contract

Sources: Industrial/Commercial Multi Tenant Lease (Tandem Diabetes Care 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 thereinherein: (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 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 sublease, . Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor 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 said sublessee, or, until the Breach has been cured, against Lessor, for to any such rents and other otehr 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 Lessorlessor, 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 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 same 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 (Informix 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 this the foregoing or any other assignment of such sublease to Lessorsublease, nor or 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 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 ’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 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 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 or 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 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 (Lumenis LTD)

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 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 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 Leaseobligations, Lessee may, except as otherwise provided in this Lease, receive, Tenant may collect and enjoy the rents accruing under such subleasesaid Rent (subject to Paragraph 11.2(h) above). Lessor Landlord shall not, by reason of this the foregoing 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 LesseeTenant's obligations to such sublessee under such sublease, Lessee subtenant. 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 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 Default exists, notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against 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 Default 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 or for any other prior Defaults or Breaches defaults 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 shall further assign or sublet all or any part of the Premises without Lessor'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 (Therma Wave 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 this the foregoing 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 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 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 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 or 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 shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver shalldeliver a copy of any notice of Default copyof anynotice ofDefault or Breach by Lessee to the tothe sublessee, ,who shall have the right to cure the havethe rightto curethe 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 Multi Tenant Office Lease (Villageedocs 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 this the foregoing 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 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 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 LeaseLessee, Lessor, 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 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.sublessor. __________ __________ __________ __________ INITIALS INITIALS (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 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 (Ministry Partners Investment 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 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 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 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, Tenant may collect said Rent. In the event that the amount collected by Landlord exceeds Tenant'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 Tenant. Lessor Landlord shall not, by reason of this the foregoing 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 sub-tenant for any failure of Lessee Tenant to perform and comply with any of LesseeTenant's obligations to such sublessee under such sublease, Lessee sub-tenant. Tenant hereby irrevocably authorizes and directs any such sublesseesub-tenant, 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 the rents and other charges Landlord all Rent due and to become due under the sublease. Sublessee Sub-tenant 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 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 LeaseTenant, LessorLandlord may, at its option and without any obligation to do sooption, may require any sublessee sub-tenant to attorn to LessorLandlord, in which event Lessor Landlord shall undertake the obligations of the sublessor sub-lessor 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 sub-tenant to such sublessor Tenant or for any other prior Defaults or Breaches of such sublessor under such subleaseTenant. (c) Any matter or thing requiring the consent of the sublessor Tenant under a sublease shall also require the consent of Lessor herein.Landlord. Initials: ____ ____ page 18 of 19 (d) No sublessee sub-tenant shall further assign or sublet all or any part of the 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 1 contract

Sources: Commercial Real Estate Lease (STWC. 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, 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 outlined 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, Lease receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of 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 sublease, . Lessee hereby irrevocably authorizes and directs any such sublesseesublessees, 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 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 21 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 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 Gross (Consolidated Capital of North America Inc)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting or other occupancy arrangement by Lessee of all or any part of the Premises and shall be deemed included in all subleases or other occupancy agreements under this Lease whether or not expressly incorporated therein: (a) Subject to Paragraph 12.3(e) below, 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 Lesseeother occupancy agreement, 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 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 this the foregoing or any other assignment of such sublease to Lessoror other occupancy agreement, nor by reason of the collection of the rents from a sublesseerent, be deemed liable to the sublessee or other occupant for any failure of Lessee to perform and comply with any of Lessee's ’s obligations to such sublessee under such sublease, or occupant Lessee hereby irrevocably authorizes and directs any such sublesseesublessee or occupant, 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 sublease or other occupancy agreement, and agrees that any sublessee or other occupant may and shall rely upon any such statement and request notice from Lessor and shall shall, upon receipt of such notice, pay such all rents and other charges 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 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 LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee or occupant to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor Lessee under such sublease or other occupancy agreement from the time of the exercise of said option to the expiration of such subleasesublease or other occupancy agreement; provided, however, Lessor shall not be liable for any prepaid unpaid rents or security deposit paid by such sublessee or other occupant to such sublessor Lessee or for any prior defaults or breaches of Lessee under any such sublease or other prior Defaults or Breaches of such sublessor under such subleaseoccupancy agreement. (c) Any matter or thing requiring the consent of the sublessor Lessee under a sublease or other occupancy agreement shall also require the consent of Lessor hereinLessor. (d) No sublessee Transferee shall further assign or sublet Transfer 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: Industrial Lease (Solyndra, 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 ail subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all ail of Lessee's interest in all rentals and income arising from ali 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 this the foregoing 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 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 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 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 or 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 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 Multi Tenant Lease (Alldigital Holdings, Inc.)

Additional Terms and Conditions Applicable to Subletting. (See Addendum Paragraph 71) 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 this the foregoing 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 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 ’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 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 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 or 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 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 (Capstone Turbine 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 Included in all ail subleases under this Lease whether or not expressly incorporated 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, ▇▇▇▇▇▇ 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 this the foregoing 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, Lessee sublessee. ▇▇▇▇▇▇ 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 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 LeaseLessee, LessorLessor may, at its option and without any obligation to do soslits option, 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 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 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 (Reeds 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 this the foregoing 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 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 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 LeaseLessee, LessorLessor may, 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 or for any prior defaults or breaches of 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 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 (Somera 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 ’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 this the foregoing 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 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 ’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 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 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 or Breaches of such sublessor under such sublease.sublessor, (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 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 (Eschelon Telecom 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:: Lessor’s Initials Lessee’s Initials (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 ’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 this the foregoing 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 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 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 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 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 or 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 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 (Alldigital 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 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 this the foregoing or any other assignment of such sublease to Lessorsublease, nor by reason of the collection of the rents from a sublesseeor Rent, 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 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 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 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 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 or 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 hereinwhich consent shall not be unreasonably withheld. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior 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 (Lifepoint 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 this the foregoing 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 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 all rents and other charges 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 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 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 or 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 shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. See Addendum, Paragraph 64. 13. (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 (United Defense Industries 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 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 this the foregoing 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 of 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 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 exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against 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 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 or 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 shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver delivery 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 (Xoma Corp /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 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 maymay collect said Rent subject to Lessor's right to receive bonus rent, except as otherwise provided in this Leaseif any, receive, collect and enjoy the rents accruing under such sublease. pursuant to Addendum Paragraphs.. Lessor shall not, by reason of this the foregoing 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 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 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 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 or 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 shall further assign or sublet all or any part of the Premises without Lessor's prior written consentSee Addendum paragraph 57(a). (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 (Omnicell Com /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 n 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 this the foregoing 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, Lease to pay nay to Lessor the rents and other charges all Rent due and to become due under the sublease. 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 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 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 or 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 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: Single Tenant Lease (Micrel 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 onion of the Premises heretofore or hereafter made by Lessee, up to, but not in excess of, amounts due from Lessee to Lessor under this Lease, 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 this 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, 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, up to, but not in excess of, amounts due from Lessee to Lessor under this Lease. 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 said such sublessee, or, until the Breach has been cured, against Lessor, for 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, 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 requiting 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 (Ilive Inc/Nv)

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) 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 this the foregoing 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 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 ’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 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) 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 or Breaches of such sublessor under such subleasesublessor. (c) c. Any matter or thing requiring the consent of the sublessor under a sublease shall also require the consent of Lessor hereinLessor. (d) d. No sublessee 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: Lease Agreement (Transdigm Holding Co)

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:: Initials ___ ___ (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 this the foregoing 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 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 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 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 or 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 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 (Overhill Farms 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 hereby Tenant 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 the same toward Lessee's Tenant’s obligations under this Lease; provided, however, that until unless a Breach (as defined in Paragraph 13.1) shall occur breach has occurred in the performance of Lessee's obligations under this LeaseTenant’s obligations, Lessee mayTenant may collect said Rent and remit the same to Landlord. If the rent payable by the subtenant to Tenant is increased over the amount of Rent payable by Tenant to Landlord hereunder, except as otherwise provided in this Leasethen Tenant shall pay to Landlord fifty percent (50%) of the net profit after recoup of Tenant’s reasonable, receiveactual out of pocket costs associated with sublease; which shall include but not limited to marketing, collect and enjoy legal, commissions, but excluding construction. In the rents accruing under event the amount collected from a subtenant by Landlord exceeds Tenant’s then-outstanding obligations, any such subleaseexcess shall be refunded to Tenant. Lessor Landlord shall not, by reason of this the foregoing or any other assignment transfer 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 sublease, Lessee hereby subtenant. Tenant irrevocably authorizes and directs any such sublesseesubtenant, 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 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 breach exists, notwithstanding any notice from or claim from Lessee Tenant to the contrary. Lessee shall have no right or claim against 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 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 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 under a sublease shall also require the consent of Lessor herein. (d) No sublessee subtenant shall further assign transfer 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 consent to the sublessee, who shall have the right to cure the Default of Lessee within the grace periodbe requested and given, if anyat all, specified in such notice. The sublessee shall have a right accordance with the provisions of reimbursement and offset from and against Lessee for any such Defaults cured by the sublesseethis ARTICLE 12.

Appears in 1 contract

Sources: Industrial Net 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 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 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 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 why such Breach exists and notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against said sublessee, 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 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: Building Lease (Callaway Golf Co /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 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 In this Lease, receive, collect and enjoy the rents accruing under such sublease. Lessor shall not, by reason of 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 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 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 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 (Hawker Pacific Aerospace)

Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or of 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 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 foregoing and comply with any of Lessee's obligations to such sublessee under of such sublease, . Lessee hereby irrevocably authorizes and directs any such sublesseesubleases, upon receipt of a written notice from Lessor stating starting that a Breach Branch exists in the performance of Lessee's obligations under this the Lease, to pay to Lessor the rents and other charges all Rent due and to become due under the subleaseSublease. 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 Branch exists, notwithstanding any notice from or claim from form Lessee to the contrary. Lessee shall have no right or claim against 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 LeaseLessee, LessorLessor may, at its option and without any obligation option, require sublease to do so, may require any sublessee to attorn attorney 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; 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 or such sublessor under such subleasesub lessor. (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 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 of Default or Breach by Lessee to the sublesseeSublessee, who shall have the right to cure the Default of Lessee Lessee, within the grace period, if any, specified in such notice. The sublessee 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 (Impco 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 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 this the foregoing 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 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 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 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 or 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 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 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Microcide 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 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 this the foregoing 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 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 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 LeaseLessee, LessorLessor may, 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 or for any prior defaults or breaches of 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 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 (California Amplifier 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 Lessees 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 Lessees obligations under this Lease; provided, however, . that until a Breach (as defined in Paragraph 13.1) shall occur in the performance of Lessees obligations, Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessee's 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 this the foregoing 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 Lessees 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 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 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 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 or 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 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 sublesseesubleasee, who shall have the right might 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 a9ainat Lessee for any such Defaults cured by the sublessee.

Appears in 1 contract

Sources: Lease Agreement (Trimedyne 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 this the foregoing 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 sublease, Lessee sublessee. 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 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 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 or 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 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 1 contract

Sources: 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 ’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 this the foregoing 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 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 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 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 that 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 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 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: Temporary Library Lease Agreement

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 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 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 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 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 (Microcide 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 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 this the foregoing 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 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 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 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 or 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 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 (Sigma Circuits 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 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 this the foregoing 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 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 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 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 or 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 shall further assign or sublet all or any part of the Premises without Lessor's Lassoes 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 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 (Variflex 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 12.3.1 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 Tenant’s obligations, Tenant may collect said Rent. In the event that the amount collected by Landlord exceeds Tenant’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 Tenant. Lessor Landlord shall not, by reason of this the foregoing 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 sublease, Lessee subtenant. 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 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) 12.3.2 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 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 or Breaches of such sublessor under such subleasesublandlord. (c) 12.3.3 Any matter or thing requiring the consent of the sublessor sublandlord under a sublease shall also require the consent of Lessor hereinLandlord. (d) 12.3.4 No sublessee subtenant shall further assign or sublet all or any part of the Premises without Lessor's Landlord’s prior written consent. 12.3.5 Without limitation as to other reasonable grounds for withholding consent, the parties hereby agree that it shall be reasonable under this Lease and under any applicable law for Landlord to withhold consent to any proposed assignment, sublease or other transfer where one or more of the following apply: (ei) Lessor shall deliver The assignee, sublessee or other transferee (collectively, “Transferee”) is of a copy character or reputation or engaged in a business which is not consistent with the quality of any notice the Building or the Project; (ii) The Transferee intends to use the proposed space for purposes which are not permitted under this Lease; (iii) The Transferee is either a governmental agency or instrumentality thereof; (iv) such Transferee is not a party of Default reasonable financial worth and/or financial stability in light of the responsibilities to be undertaken in connection with the assignment, sublease or Breach by Lessee to other transfer on the sublesseedate consent is requested; (v) The proposed Transfer would cause a violation of another lease for space in the Project, who shall have or would give an occupant of the Project a right to cure cancel its lease; (vi) The terms of the Default of Lessee within proposed assignment, sublease or other transfer will allow the grace period, if any, specified in such notice. The sublessee shall have Transferee to exercise a right of reimbursement and offset from and against Lessee for renewal, right of expansion, right of first offer, or other similar right held by Tenant (or will allow the Transferee to occupy space leased by Tenant pursuant to any such Defaults cured by right); (vii) Either the sublesseeproposed Transferee, or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee, (A) occupies space in the Project at the time of the request for consent, or (B) is negotiating with Landlord to lease space at such time, or (C) has negotiated with Landlord during the six (6)-month period immediately preceding the request for consent; or (viii) Landlord has, or will have within three (3) months of the request for consent, available and comparable space in the Building.

Appears in 1 contract

Sources: Office Lease (Vickers Vantage Corp. I)

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 this the foregoing 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 sublease, Lessee subtenant. 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 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 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 or for any other prior Defaults or 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 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 such subletting, whether denominated rentals under the sublease or 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 Tenant in connection with the subletting, shall, provided Tenant has not committed a Default or Breach hereunder, be paid to Landlord as Additional Rent. If Tenant has committed a Default or Breach under this Lease, then all such consideration shall be paid to Landlord. (f) If an assignment, fifty percent (50%) of any economic consideration received by Lessee 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, provided Tenant has not committed a Default or Breach hereunder, be paid to Landlord as Additional Rent. If Tenant has committed a Default or Breach under this Lease, then all such consideration 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.

Appears in 1 contract

Sources: Lease (Replidyne 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 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 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 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 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 Lease (Miravant Medical Technologies)

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 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 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 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 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 (Saba Petroleum Co)

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 this the foregoing 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 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 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 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 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 or 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 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 (Imaging Technologies Corp/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 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 this the foregoing 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 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 ’s obligations under this Lease, to pay to Lessor the rents and other charges all Rent due and to become due under order 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 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 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 or 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 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 ihe 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 (Osmetech PLC)

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 this 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 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 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 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 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 optional 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 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 (Vans 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 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 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 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 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 (Vitria 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 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 this the foregoing 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 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 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 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 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 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 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 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Gross (Laser Pacific Media 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 this the foregoing 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, 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 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 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: Asset Purchase Agreement (Salem Communications Corp /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 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 this the foregoing 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 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 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 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 or Breaches of such sublessor. If Lessee does not require the sublessor under such subleaseto attorn to Lessor, the sublease shall be extinguished upon the termination of this Lease as a result of Lessee'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 hereinLessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall make reasonable efforts to deliver a copy of any notice of Default or Breach by Lessee to the sublessee, if possible, 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. (f) Lessee may list the Premises for sublease or assignment with only reputable brokers approved in writing by Lessor. Any broker retained by Lessee is not the agent of Lessor for any purpose, and unless expressly agreed in writing otherwise, Lessor shall not be responsible for any compensation or charges claimed by any broker retained by Lessee or the sublessee, or from and against any party whose claim is based, directly or indirectly, on any proposed sublease or assignment. Lessee must indemnify, protect, defend (with counsel satisfactory to Lessor) and hold Lessor and the Lessor Parties harmless from and against any claim for compensation or charges claimed by any broker retained by Lessee, or from and against any party whose claim is based, directly or indirectly, on any proposed sublease or assignment.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (SMART Modular Technologies (WWH), 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 Or hot 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 this the foregoing 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 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 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 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 ft 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 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 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 he 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 Gross (Singing Machine Co 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 this the foregoing 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 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 Breath exists, notwithstanding any notice from or claim from Lessee to the contrary. Lessee shall have no right or claim against 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 LeaseLessee, LessorLessor may, at its option and without any obligation to do sooption, may require any sublessee to attorn attom 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 Breathes 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 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 (SPI Energy Co., Ltd.)