RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING Sample Clauses

The 'Release of Certain Land; Assignments and Subleasing' clause defines the conditions under which a tenant may be released from obligations related to specific portions of leased property, as well as the rules governing the transfer of lease rights to others. Typically, this clause outlines the process for the tenant to request a release of part of the leased premises, and sets requirements for obtaining the landlord's consent before assigning the lease or subleasing to another party. Its core function is to provide flexibility for tenants to adapt to changing space needs or business circumstances, while protecting the landlord's interests by ensuring control over who occupies the property and under what terms.
RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING. 31 Section 9.1 Restriction on Sale of Facility; Release of Certain Land 31 Section 9.2 Removal of Equipment 31 Section 9.3 Assignment and Subleasing 32 Section 9.4 Merger of Agency 33 ARTICLE X EVENTS OF DEFAULT AND REMEDIES 33 Section 10.1 Events of Default Defined 33 Section 10.2 Remedies on Default 35 Section 10.3 Remedies Cumulative 35 Section 10.4 Agreement to Pay Attorneys’ Fees and Expenses 36 Section 10.5 No Additional Waiver Implied by One Waiver 36 Section 10.6 Certificate of No Default 36 ARTICLE XI EARLY TERMINATION OF LEASE AGREEMENT OPTION IN FAVOR OF COMPANY 36 Section 11.1 Early Termination of Lease Agreement 36 Section 11.2 Conditions to Termination of Lease Agreement 36 Section 11.3 Conveyance on Termination 37 ARTICLE XII LENDER PROVISIONS 37 Section 12.1 Subordination of Lease Agreement 37 Section 12.2 Mortgage and Pledge of Agency’s Interests to Lender 37 Section 12.3 Pledge of Company’s Interest to Lender 37 Section 12.4 Making of Loans; Disbursement of Loan Proceeds 38 Section 12.5 References to Lender, Loan or Mortgage 38 ARTICLE XIII ENVIRONMENTAL MATTERS 38 Section 13.1 Environmental Representations of the Company 38 Section 13.2 Environmental Covenants of the Company 39 Section 13.3 Survival Provision 42 ARTICLE XIV MISCELLANEOUS 42 Section 14.1 Notices 42 Section 14.2 Binding Effect 43 Section 14.3 Severability 43 Section 14.4 Amendments, Changes and Modifications 43 Section 14.5 Execution of Counterparts 43 Section 14.6 Applicable Law 43 Section 14.7 List of Additional Equipment; Further Assurances 43 Section 14.8 Survival of Obligations 43 Section 14.9 Table of Contents and Section Headings Not Controlling 43 Section 14.10 Waiver of Trial by Jury 44 EXHIBIT A Legal Description of Real Property EXHIBIT B Equipment EXHIBIT C PILOT Schedule EXHIBIT D Mortgage Requirements EXHIBIT E Sales Tax Agent Authorization Letter EXHIBIT F Sales Tax Registry EXHIBIT G Compliance with Labor Law, Executive Law and Civil Rights Law EXHIBIT H Exceptions to Representations and Warranties of Company EXHIBIT I Collateral Assignment, Financing Provisions SCHEDULE A Schedule of Definitions THIS LEASE AND PROJECT AGREEMENT, dated as of August 1, 2016 (this “Lease Agreement”), is between the TOWN OF BROOKHAVEN INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation of the State of New York, having its office at ▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (the “Agency”), and AMERICAN CAPITAL ENERGY-MANORVILLE, LLC, a limited liabili...
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RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING. Section 9.1.
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RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING. 31 Section 9.1 Restriction on Sale of Company Facility; Release of Certain Land 31 Section 9.2 Removal of Equipment 31 Section 9.3 Assignment and Subleasing 32
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RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING. MORTGAGE AND PLEDGE OF INTERESTS 14 Restriction on Sale of Facility; Release of Certain Land 14 Removal of Equipment 14 Assignment and Subleasing 15 DEFAULT 16 Events of Default Defined 16 Remedies on Default 17 Remedies Cumulative 17 Agreement to Pay Attorneys' Fees and Expenses 18 No Additional Waiver Implied by One Waiver 18 EARLY TERMINATION OF AGREEMENT; OBLIGATIONS OF COMPANY 18 Early Termination of Agreement 18 Obligation to Purchase Facility 18 Conveyance on Purchase 18 MISCELLANEOUS 19 Notices 19 Binding Effect 19 Severability 19 Amendments, Changes and Modifications 19 Execution of Counterparts 20 Applicable Law 20 Recording and Filing 20 Survival of Obligations 20 Section Headings Not Controlling 20 No Broker 20 No Recourse; Special Obligation 20 No Joint Venture Created 21 THIS LEASEBACK AGREEMENT, dated as of March 1, 2013 (the "Leaseback Agreement"), is by and between the ORANGE COUNTY INDUSTRIAL DEVELOPMENT AGENCY, a public benefit corporation duly existing under the laws of the State of New York with offices at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (the "Agency") and WALLKILL REALTY PARTNERS LLC, a limited liability company formed and validly existing under the laws of the State of New York, with offices at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇-▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ (the "Company").
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RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING. Section 9.1. Restriction on Sale; Release of Certain Land 25 Section 9.2. Assignment and Subleasing by Lessee 25
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RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING 
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Related to RELEASE OF CERTAIN LAND; ASSIGNMENTS AND SUBLEASING

  • Assignments and Subletting The Tenant shall not assign, mortgage or otherwise encumber or transfer this Lease or sublet the Leased Premises or any part thereof without having obtained the Landlord's prior written consent. The Landlord may withhold its consent arbitrarily to a proposed assignment of this Lease or sublease of the Leased Premises or any part thereof if it elects to exercise its right of termination hereinafter set forth. If such termination right is not exercised, the Landlord covenants not to withhold its consent unreasonably as to any assignee or sublessee who is in satisfactory financial condition, agrees to use the Leased Premises for the purposes and in the manner permitted and specified hereunder, and is otherwise satisfactory to the Landlord. No partial assignment shall be permitted. The Tenant shall not assign this Lease or sublet the Leased Premises or any part thereof unless: a) it shall have received or procured a bona fide written offer to take an assignment or sublease which is not inconsistent with this Lease, and the acceptance of which would not breach any provision of this Lease; and b) it shall have first requested and obtained the consent in writing of the Landlord thereto. Any request for consent shall be in writing and accompanied by a true copy of the offer, all information available to the Tenant and requested by the Landlord as to the responsibility, financial standing and business of the proposed assignee or subtenant and payment of such amount as the Landlord reasonably requires to reimburse it for its time and expense in considering the request for consent. Notwithstanding the provisions of subsection (a), within 10 days after the receipt by the Landlord of such request for consent and of all information which the Landlord shall have requested hereunder, the Landlord shall have the right upon written notice of termination submitted to the Tenant, if the request is to assign this Lease or sublet the Leased Premises, to cancel and terminate this Lease as of a termination date to be stipulated in the notice of termination which shall be not less than 60 days or more than 90 days following the giving of such notice. In such event the Tenant shall surrender the Leased Premises in accordance with such notice of termination and rent and additional rent shall be apportioned and paid to the date of surrender. If such consent shall be given, the Tenant shall assign or sublet, as the case may be, only upon the terms set out in the offer submitted to the Landlord. No assignment or subletting of this Lease shall be effective unless the assignee or sublessee shall execute an assumption agreement on the Landlord's form, prepared at the expense of the Tenant, assuming all the obligations of the Tenant hereunder. The Tenant agrees that any consent to an assignment or subletting of this Lease or Leased Premises shall not thereby release the Tenant of its obligations hereunder. The consent by the Landlord to an assignment or subletting, if granted, shall not constitute a waiver of the necessity for the Tenant to obtain the prior written consent of the Landlord to a subsequent assignment or subletting. Without limitation, the Tenant shall for the purpose of this Lease be considered to assign or sublet in any case where it permits the Leased Premises or any portion thereof to be, or the Leased Premises or any portion thereof are, occupied by persons other than the Tenant, its employees and others engaged in carrying on the business of the Tenant, whether pursuant to assignment, subletting, parting with or sharing possession, license or other right, or where any of the foregoing occurs by operation of law.

  • Subletting and Assignment Subject to the provisions of Article 19 and Section 20.2 and any other express conditions or limitations set forth herein, Lessee may, but only with the consent of Lessor (which shall not be unreasonably withheld or delayed), (a) assign this Lease or sublet all or any part of the Leased Property to an Affiliate of Lessee, or (b) sublet any retail or restaurant portion of the Leased Improvements in the normal course of the Primary Intended Use; provided that any subletting to any party other than an Affiliate of Lessee shall not individually as to any one such subletting, or in the aggregate, materially diminish the actual or potential Percentage Rent payable under this Lease. In the case of a subletting, the sublessee shall comply with the provisions of Section 20.2, and in the case of an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. Notwithstanding the above, Lessee may assign the Lease to an Affiliate without the consent of Lessor; provided that any such assignee assumes in writing and agrees to keep and perform all of the terms of the Lease on the part of Lessee to be kept and performed and shall be and become jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

  • Assignment and Subletting Tenant shall not assign its interest in this Lease or any part therein, or allow this Lease to be assigned, in whole or in part, by operation of law or otherwise (including, without limitation, by transfer of stock or other transfer of ownership of Tenant, merger, reorganization, dissolution or change in occupancy) or mortgage or pledge the same, or sublet the Premises, or any part thereof, without, in each case, the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In no event shall any such assignment or sublease ever release Tenant or Guarantor from any obligation or liability hereunder. No assignee or sublessee of the Premises or any portion thereof may assign or sublet the Premises or any portion thereof without Landlord’s prior written consent which will not be unreasonably withheld or delayed. If Tenant desires to assign its interest in the Lease or any part therein, or sublet all or any part of the Premises, it shall so notify Landlord at least sixty (60) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease (in a form provided by Landlord), and such information as Landlord might reasonably request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant(s) or assignee(s). Tenant shall reimburse Landlord for the reasonable cost of reviewing the proposed assignment or sublease, as the case may be. Within thirty (30) days after Landlord’s receipt of Tenant’s proposed assignment or sublease, and all required information concerning the proposed subtenant(s) or assignee(s), Landlord shall have the option to: (a) Cancel this Lease with respect to the proposed assignment, provided, however, that Tenant may then withdraw its request for assignment and the Lease shall not be canceled in any part and shall continue with its then current term or; (b) Cancel this Lease as to that portion of the Premises proposed to be sublet, or; (c) Sublet (on the terms set forth in the proposed sublease) that portion of the Premises proposed to be sublet, or; (d) Consent to the proposed assignment or sublease, in which event, however, if the rent due and payable by any sublessee or assignee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration therefor or any payment, incident thereto) exceeds the Rent payable under this Lease for such space, Tenant shall pay to Landlord fifty (50) percent of all such excess rent remaining after deducting costs (including tenant improvements and commissions, repair and/or improvement costs solely applicable to the assignment or sublease transaction) within ten (10) days following receipt thereof by Tenant, or; (e) Refuse its consent to the proposed assignment or sublease, and thereafter, this Lease will remain in full force and effect throughout the then-balance of the Lease Term, which option shall be deemed to be elected unless Landlord gives Tenant written notice providing otherwise. Notwithstanding the foregoing, Landlord shall release Tenant of responsibility for all obligations, terms, duties and conditions of this Lease and allow the Lease to be assigned to a proposed assignee of Tenant if all of the following are met: (i) The assignee has a current net worth of five (5) million dollars ($5,000,000) or more; (ii) The intended use of the Premises by the assignee is not inconsistent with the use described in Paragraph 6 (USE) of the Lease, provided that such use does not have to be in the telecommunications industry; (iii) The intended use of the Premises by the assignee would not materially increase the pedestrian or vehicular traffic to the Premises or the Building; and (iv) The identity or business reputation of the assignee will not, in the good faith and commercially reasonable judgment of Landlord, tend to damage the goodwill or reputation of the Building or Project.

  • Sublease and Assignment Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed.

  • Assignments and Subleases A. The Concessionaire shall not assign this Lease in whole or in part, nor sublet all or any part of the Properties, such as vending and game machines, without first obtaining the written consent of the Director. In the event the Director consents to any such assignment or sublease, the Concessionaire shall remain primarily liable for the payments herein provided, unless expressly provided otherwise by the written consent of the Director. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting created by operation of law. If this Lease is assigned, or if the Properties or any part thereof is underlet or occupied by anybody other than the Concessionaire without the consent of the Director as hereinabove provided, the Department may collect rent from the assignee, undertenant, or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as the Concessionaire, or a release of the Concessionaire from further performance by the Concessionaire of the terms contained in this Lease. B. Notwithstanding any assignment or sublease, the Concessionaire shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants, and conditions of this Lease, including payment terms as specified herein based on total dollar revenues, including the total sale amount of consigned items.