Tenant Not Released. If this Lease is assigned, whether or not in violation of the terms of this Lease, Landlord may collect rent from the assignee. If the Premises or any part thereof is sublet or is used or occupied by anybody other than Tenant, Landlord may, after an Event of Default by Tenant, collect rent from such subtenant or occupant. In either event, Landlord may apply the next amount collected to the rents herein reserved. The consent by Landlord to an assignment, transfer, encumbering or subletting pursuant to any provision of this Lease shall not relieve Tenant or any assignee or subtenant from obtaining the express prior consent of Landlord to any other or further assignment, transfer, encumbering or subletting. Neither any assignment of this Lease nor any subletting, occupancy or use of the Premises or any part thereof by any person other than Tenant, nor any collection of rent by Landlord from any person other than Tenant, nor any application of any such rent as provided in this Article shall be deemed a waiver of any of the provisions of Section 17.1, or relieve, impair, release or discharge Tenant of its obligation fully to perform the terms of this Lease on Tenant's part to be performed, and Tenant shall remain fully and primarily liable hereunder.
Appears in 1 contract
Sources: Lease Agreement (Dress Barn Inc)
Tenant Not Released. If this Lease is assignedNo subletting or assignment, whether or not in violation even with the ------------------- written consent of Landlord, shall relieve Tenant of its obligation to pay the Rent and perform all of the terms other obligations to be performed by Tenant hereunder. Tenant shall indemnify and hold Landlord harmless from any and all claims, damages, liability and expenses, including reasonable attorneys' fees and costs arising out of this Lease, Landlord may collect rent from the assignee. If the Premises any claims by brokers or others for commissions or finder's fees with respect to any part thereof is sublet subletting or is used or occupied by anybody other than Tenant, Landlord may, after an Event of Default assignment by Tenant, collect rent from such subtenant or occupant. In either event, Landlord may apply the next amount collected to the rents herein reserved. The consent acceptance of Rent by Landlord from any other person shall not be deemed to an assignment, transfer, encumbering or subletting pursuant to be a waiver by Landlord of any provision of this Lease shall not relieve Tenant or any assignee or subtenant from obtaining the express prior to be a consent of Landlord to any other or further assignment, transfer, encumbering assignment or subletting. Neither any assignment of Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease nor Lease, all Rent from any subletting, occupancy and Landlord, as assignee for Tenant or use receiver for Tenant appointed on Landlord's application may collect such Rent and apply it toward Tenant's obligations under this Lease, except that, until the occurrence of the Premises or any part thereof act of default by any person other than Tenant, nor any collection of rent by Landlord from any person other than Tenant, nor any application of any such rent as provided in this Article shall be deemed a waiver of any of the provisions of Section 17.1, or relieve, impair, release or discharge Tenant of its obligation fully to perform the terms of this Lease on Tenant's part to be performed, and Tenant shall remain fully and primarily liable hereunderhave the right to collect such Rent.
Appears in 1 contract
Tenant Not Released. If No subletting or assignment, even with the written consent of Landlord, shall relieve Tenant of its obligation to pay the Rent and perform all of the other obligations to be performed by Tenant hereunder. Tenant shall indemnify and defend (with counsel reasonably acceptable to Landlord) Landlord against and hold Landlord and Landlord's members, partners, officers, employees, successors and assigns and agents harmless from any and all claims, demands, losses, damages, costs and liabilities, causes of action, judgments or obligations resulting therefrom, including reasonable attorney's fees, arising out of any claims by brokers or others for commissions or finder's fees with respect to any subletting or assignment by Tenant. The acceptance of Rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision of this Lease is assignedor to be a consent to any assignment or subletting. Tenant immediately and irrevocably assigns to Landlord, whether or not in violation of the terms of as security for Tenant's obligations under this Lease, Landlord all Rent from any subletting, and Landlord, as assignee and attorney in fact for Tenant, or any receiver for Tenant appointed on Landlord's application, may collect rent from such Rent and apply it toward Tenant's obligations under this Lease, except that, until the assignee. If the Premises or occurrence of any part thereof is sublet or is used or occupied by anybody other than Tenant, Landlord may, after an Event of Default by Tenant, collect rent from such subtenant or occupant. In either event, Landlord may apply the next amount collected to the rents herein reserved. The consent by Landlord to an assignment, transfer, encumbering or subletting pursuant to any provision of this Lease shall not relieve Tenant or any assignee or subtenant from obtaining the express prior consent of Landlord to any other or further assignment, transfer, encumbering or subletting. Neither any assignment of this Lease nor any subletting, occupancy or use of the Premises or any part thereof by any person other than Tenant, nor any collection of rent by Landlord from any person other than Tenant, nor any application of any such rent as provided in this Article shall be deemed a waiver of any of the provisions of Section 17.1, or relieve, impair, release or discharge Tenant of its obligation fully to perform the terms of this Lease on Tenant's part to be performed, and Tenant shall remain fully and primarily liable hereunderhave the right to collect such Rent.
Appears in 1 contract
Sources: Office Lease (Niku Corp)